What's happening
This bill creates a firearm ballistic identification databank, requiring manufacturers and dealers to submit shell casings for new firearms to the state police.
Why it matters
Creates a comprehensive system for tracking firearms. By requiring shell casings and identifying information for every new firearm sold or transferred in New York, the law establishes a way for law enforcement to trace bullets found at crime scenes back to specific firearms, potentially aiding investigations and prosecutions.
Imposes new responsibilities on manufacturers and dealers. Firearm manufacturers must include shell casings with each firearm, and dealers must ensure compliance—either by obtaining the required materials from the manufacturer or using a state-run program to generate them—adding administrative and logistical steps to the firearms supply chain.
Establishes a state-operated ballistic databank. The Division of State Police will create and maintain an electronic database of ballistic information, designed to be compatible with federal systems, which could facilitate cooperation with national law enforcement agencies and expand the reach of crime-solving capabilities.
Includes enforcement and penalties for noncompliance. The bill sets forth penalties for manufacturers, dealers, or individuals who knowingly fail to follow the requirements, escalating to a misdemeanor for repeat offenders, signaling the state’s intent to ensure strict adherence to the new procedures.
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Who cares
Headline styles
Expand Ballistics Database Scope
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Ballistic Database Coverage
In Assembly Committee · Codes · Sponsor Walter T. Mosley
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5019
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sens. PARKER, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to a firearm ballistic identification databank
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 396-ff to read as follows:
§ 396-ff. Firearm ballistic identification databank. (1) For the purposes of this section, the following terms shall have the following meanings:
(a) "Manufacturer" means any person, firm or corporation possessing a valid federal license that permits such person, firm or corporation to engage in the business of manufacturing firearms or ammunition therefor for the purpose of sale or distribution.
(b) "Shell casing" means that part of ammunition capable of being used in a firearm that contains the primer and propellant powder to discharge the bullet or projectile.
(c) "Firearm" means a pistol, revolver, or assault weapon as defined in section 265.00 of the penal law, rifle, or other long-barreled weapon.
(2) Any manufacturer that ships, transports or delivers a firearm to any person in this state shall, in accordance with rules and regulations promulgated by the division of state police, include in the container with such firearm a separate sealed container that encloses:
(a) a shell casing of a bullet or projectile discharged from such firearm; and
(b) any additional information that identifies such firearm and shell casing as required by such rules and regulations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09923-01-9
S. 5019 2
(3) A gunsmith or dealer in firearms licensed in this state shall, within ten days of the receipt of any firearm from a manufacturer that fails to comply with the provisions of this section, either (a) return such firearm to such manufacturer, or (b) notify the division of state police of such noncompliance and thereafter obtain a substitute sealed container through participation in a program operated by the state police as provided in subdivision four of this section.
(4) The division of state police shall no later than October first, two thousand twenty, promulgate rules and regulations for the operation of a program which provides a gunsmith or a dealer in firearms licensed in this state with a sealed container enclosing the items specified in subdivision two of this section. The program shall at a minimum:
(a) be operational by January first, two thousand twenty-one;
(b) operate in at least five regional locations within the state; and
(c) specify procedures by which such gunsmith or dealer is to deliver a firearm to the regional program location closest to his or her place of business for testing and prompt return of such firearm.
(5) A gunsmith or dealer in firearms licensed in this state shall, within ten days of delivering to any person a firearm received by such gunsmith or dealer in firearms, forward to the division of state police, along with the original transaction report required by subdivision twelve of section 400.00 of the penal law, the sealed container enclosing the shell casing from such firearm either (a) received from the manufacturer, or (b) obtained through participation in the program operated by the division of state police in accordance with subdivision four of this section.
(6) Upon receipt of the sealed container, the division of state police shall cause to be entered in an automated electronic databank pertinent data and other ballistic information relevant to identification of the shell casing and to the firearm from which it was discharged. The automated electronic databank will be operated and maintained by the division of state police, in accordance with its rules and regulations adopted after consultation with the Federal Bureau of Investigation and the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives to ensure compatibility with national ballistic technology.
(7) Any person, firm or corporation who knowingly violates any of the provisions of this section shall be guilty of a violation, punishable as provided in the penal law. Any person, firm or corporation who knowingly violates any of the provisions of this section after having been previously convicted of a violation of this section shall be guilty of a class A misdemeanor, punishable as provided in the penal law.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to a firearm ballistic identification databank
Purpose
This bill would increase the types of firearms that are to be included in the firearm ballistic identification database.
Summary of provisions
Section 1 of the bill amends section 396-ff of the general business law to require that assault weapons, rifles and other long-barreled weapons be included in the state's ballistics identification databank.
Read the full memo (643 words)
Section 2 makes the effective date of the act the sixtieth day after becomes law.
Existing law
Current law only requires that pistols and revolvers be included in the ballistics fingerprint database.
Justification
Every gun leaves behind a unique pattern or distinctive fingerprint which is imparted onto any bullet or casing discharged from the weapon. When a gun crime is perpetrated using a gun purchased in New York state, these unique ballistics patterns can be used to track down and identify the owner of the weapon and increase the chances of law enforcement authorities being led to the shooter when property preserved and stored in the state's ballistics fingerprint database. Although New York is one of only two states to require the maintenance of a statewide ballistics fingerprint database, current law only mandates that the database include shell casing data for recently manufactured pistols and revol- vers, not for assault weapons, rifles or other long-barreled weapons. This omission leaves a major void in the ballistics data base and, consequently, in the ability of law enforcement ability to track down and apprehend perpetrators who use either assault weapons, rifles or other long-barreled weapons in the commission of their crimes. Had the 2002 Washington, D.C. sniper attacks occurred in New York, local author- ities would have been powerless under current law to identify the weapon or its owner, in spite of the existence of New York's statewide ballis- tics database. The heinous acts of the DC area sniper, plus the fact that rifles and shotguns are fast becoming criminal weapons of choice, all underscore the need for New York's current ballistics data base law to become more expansive and inclusive in the types of firearms that it covers. Because of the unfortunate reality of the accessibility of vari- ous deadly firearms and their frequent involvement in the commission of violent criminal acts, it would be a gross and glaring oversight not to amend the current law to require the inclusion of as many of these different types of deadly firearms as.possible into the state's ballis- tics finger-print database. Ammunition is often the sole evidence left behind at a crime scene which links directly to the perpetrator; if law enforcement continues to be deprived of the available technology and means to harness and use this evidence, the safety of all our communi- ties will continue to be compromised. There are countless firearms currently being purchased in our state and nation every day, and law enforcement authorities must be equipped to track down these weapons in the event they are used in the commission of a crime. By expanding New York's ballistic fingerprinting law to include assault weapons, rifles and other long-barreled weapons, the Legislature will be implementing a much-needed and effective measure to close a glaring and dangerous loop- hole. It is incumbent upon the Legislature and the Governor to give law enforcement the best tools possible to continue the fight against crime and terrorism.
Legislative history
2017-18: S.2190 - REFERRED TO CONSUMER PROTECTION 2015-16: 5.2573A - Amend and Recommitted to Consumer Protection 2013-14: 5.1572A/A.1467 - Referred to Consumer Protection 2011-12: S.1497/A.4025 - Referred to Consumer Protection 2009-10: S.1188/A.3477 - Held for Consideration in Codes 2008-09: Referred to Codes 2007-08: Referred to Codes
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.