Relates to gun buyback programs

BILL NUMBER:S4995

Title of bill

An act to amend the penal law, in relation to gun buyback programs

Purpose

This legislation would require that all firearms obtained through a private or governmental "gun buyback program" be checked against the New York Statewide Police Information Network (NYSPIN) to insure the firearms have not been reported as stolen.

Summary of provisions

Paragraph (a) (i) requires that the serial numbers of every firearm obtained through a gun buyback program be cross-referenced with the NYSPIN records of stolen firearms before being destroyed. This section allows for the firearm to be destroyed only after obtaining the express permission of the lawful owner and requires the firearm to be returned if the lawful owner does not give express permission to destroy the firearm. Paragraph (a) (ii) sets out that before a stolen firearm can be returned, it must be determined that the lawful owner is eligible to possess such firearm. If it is determined that the lawful owner is not eligible to possess the stolen firearm, then the firearm can be destroyed even without the express consent of the lawful owner. Paragraph (b) sets out the definition of a "gun buyback program" for purposes of this section.

Justification

Currently, there is no requirement that private or governmental entities running "gun buyback programs" need to check the recovered weapons prior to disposing of them. The purpose of these gun buyback programs is to try to get guns off the streets and out of the hands of criminals. However, we do not want these programs to encourage the theft of lawfully owned firearms. In order to ensure that the guns turned in are either unaccounted for or returned by their lawful owner, this legislation would require that the serial numbers of the guns be cross-referenced with NYSPIN, which already keeps a record of firearms reported as stolen.

Legislative history

This is a new bill.

Fiscal implications

Minimal.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law; provided, however. that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.