Requires manufacturers to use a coding system on all handgun and assault weapon ammunition

Summary of provisions

Section 1 provides Legislative findings.

Section 2 adds a new Section 396-gg to the General Business Law charging the Division of Criminal Justice Services with the responsibility for establishing and maintaining an Ammunition Coding System database, containing a manufacturer registry and a vendor registry, to be operational no later than January 1, 2009.

It also restricts access to the registry to key law enforcement personnel, and only in connection with a criminal investigation, and establishes a funding stream under a new Section 91-g of the State Finance Law (see Section 4). It requires any person in possession of non-coded ammunition to dispose of it no later that January 1, 2010, and establishes penalties for noncompliance for manufacturers and vendors.

Section 3 adds a new Section 265.45 to the Penal Law establishing unlawful sale of uncoded ammunition after in violation of the provisions of this bill as a Class A misdemeanor.

Section 4 adds a new Section 91-h to the State Finance Law creating the Ammunition Coding System Database Fund in the joint custody of the State Comptroller and the Commissioner of Taxation and Finance. Moneys from the Fund are payable by the State Comptroller on vouchers approved and certified by the Division of Criminal Justice Services.

Section 5 is the effective date of 90 days after the bill becomes law.

Justification

According to the United States Department of Justice, there is more than a 30% chance of never finding the killer in homicides involving a firearm, and handgun ammunition accounts for about 80 percent of all ammunition sold in the United States. New York State law requires gun stores to provide law enforcement with a sample bullet/cartridge prior to the sale of a handgun so the state may create a digital image for future gun tracing, known as "ballistic fingerprinting."

Ballistic fingerprinting can match a bullet/cartridge recovered by police at a crime scene to the gun that fired it. But the state does not ballistic fingerprint assault rifles, and ballistic fingerprinting can't identify the millions of guns currently owned. In addition, if ballistic evidence cannot be quickly linked to a gun used in a crime, and the gun is not recovered and quickly linked to a suspect, the chance of arresting the perpetrator is far less likely. The Ammunition Coding System (ACS) assigns a unique code that is micro-laser engraved on every factory-produced round of ammunition manufactured. The code is etched on both the projectile and the inside of the cartridge casing, with each code common to a single box of cartridges and unique from all other ammunition sold. By recording sales records, law enforcement personnel will be able to easily trace the ammunition involved in a crime and have an avenue to pursue and solve even the most difficult cases.

Legislative history

S.3731 Adams Same as Ortiz (MS) A.7300 General Business Law TITLE: Requires manufacturers to use a coding system on all handgun and assault weapon ammunition 03/14/07 Referred to Consumer Protection 01/09/08 Referred to Consumer Protection 2010: S.2741 Held in Codes

Fiscal implications

To be determined.

Effective date

Ninety days after the bill becomes law.