Establishes a statewide database to maintain and track coded ammunition and establishing penalties for individuals who violate such provisions

BILL NUMBER:S3629A

Title of bill

An act to amend the general business law and the penal law, in relation to establishing a statewide database to maintain and track coded ammunition and establishing penalties for individuals who violate such provisions; to amend the state finance law, in relation to establishing the ammunition coding system database fund; and to amend the tax law, in relation to establishing a tax credit for manufacturers or dealers who exchange old uncoded ammunition for new coded ammunition

Purpose or general idea of bill

To establish a statewide database to track coded ammunition manufactured and sold for handguns and assault rifles.

Summary of specific provisions

Section 1 - Legislative Findings.

Section 2 - The General Business law is amended by adding a new section 396-gg. This section establishes the ammunition coding system database. The New York State police is responsible for establishing and maintaining an ammunition coding system database containing information from the following: the manufacturing registry for coding ammunition and the vender registry for tracking individuals who purchase firearms with these codes. The ammunition coding system will be reserved for key law enforcement personnel and will be released only in connection with a criminal investigation. The cost of maintaining the dataset shall be funded by the ammunition coding system database fund established pursuant to section ninety-one-h of the state finance law. Vendors shall charge an additional $.005 per bullet or round of ammunition to the purchaser. Such moneys shall be deposited into the fund. Fines will be leveled against any manufacturer or vendor due to non-compliance.

The penal law is amended by adding a new section 265.45 which would make unlawful sale or possession of uncoded ammunition a Class A misdemeanor.

The state finance law is amended by adding a new section 91-h creating the joint custody of the comptroller and the commissioner of taxation and finance, a fund to be known as the ammunition coding system database.

Section 210 of the tax law is amended by adding a new subdivision 41 to provide a credit exchange for uncoded ammunition.

Justification

Each year in the United States, more than 30% of all homicides that involve a gun go unsolved. Current technology for matching a bullet used in a crime to the gun that fired it has worked moderately well for years, but presupposes that the weapon was recovered by law enforcement. This legislation would establish the Ammunition Accountability Act,

which would give law enforcement a new and effective way to quickly identify persons of interest in gun crime investigations.

This bill would require all handgun and assault weapon ammunition manufactured or sold in the state to be coded by the manufacturer. Manufacturers and vendors would be required to maintain data on each weapon and the ammunition. Access to the database would be reserved for key law enforcement personnel and to be released only in connection with a criminal investigation. Any vendor or manufacturer that fails to comply with the provisions of this law would be fined based on the number of violations. The database will be funded at an estimated $.005 per bullet sold.

Prior legislative history

2007-08: A.10259 2010: A.3200/S.2953 - Held in Consumer Protection

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.