What's happening
This bill requires gun buyback programs to check firearms against stolen records and return stolen guns to eligible lawful owners.
Why it matters
Helps Return Stolen Firearms to Legal Owners. By mandating that all guns collected through buyback programs are checked against a stolen firearm database, the bill increases the chance that victims of gun theft can recover their property rather than having it destroyed.
Protects Rights of Lawful Owners. The bill ensures that even if a stolen gun turns up in a buyback program, it cannot be destroyed unless the legal owner consents, striking a balance between gun recovery and property rights.
Prevents Return to Ineligible Owners. Before any stolen gun is given back, authorities must verify the owner’s legal eligibility to possess firearms, reducing the risk that guns are returned to individuals who are prohibited from owning them (due to criminal record, restraining orders, etc.).
Standardizes Buyback Procedures. By defining “gun buyback program” and outlining specific steps to follow, the bill creates uniformity and accountability across different agencies and jurisdictions, potentially increasing public trust in these programs.
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Who cares
Headline styles
Check Guns in Buybacks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
536
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to gun buyback programs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 400.05 of the penal law, as amended by chapter 350 of the laws of 1986, is amended and a new subdivision 7 is added to read as follows:
1. Any weapon, instrument, appliance or substance specified in article two hundred sixty-five of this chapter, when unlawfully possessed, manufactured, transported or disposed of, or when utilized in the commission of an offense, is hereby declared a nuisance. When the same shall come into the possession of any police officer or peace officer, it shall be surrendered immediately to the official mentioned in [paragraph] subparagraph (f) of [subdivision] paragraph one of subdivision a of section 265.20 of this chapter, except that such weapon, instrument, appliance or substance coming into the possession of the state police shall be surrendered to the superintendent of state police.
7. (a) Any private or governmental entity operating a gun buyback program shall:
(i) require that the serial number of every firearm obtained by such gun buyback program is checked against the New York Statewide Police Information Network (NYSPIN) records of stolen firearms and, if it is found that any such firearm is a stolen firearm, that the firearm is not destroyed without the express permission of the lawful owner thereof and that if the lawful owner of the firearm does not give express permission for the firearm to be destroyed, that the firearm is returned to its lawful owner;
(ii) prior to returning a stolen firearm to a lawful owner, determine whether or not the lawful owner is eligible to possess a firearm under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02711-01-9
S. 536 2
this chapter. If the lawful owner of the firearm is ineligible to possess a firearm under this chapter, the entity operating the gun buyback program may destroy the firearm in compliance with subdivision two of this section.
(b) For the purposes of this section, the term "gun buyback program" shall mean any program in which firearms, machine-guns or ammunition are purchased by or surrendered to the superintendent of the division of state police or a member thereof designated by such superintendent, or to a county sheriff, or in the county of Nassau or in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of Suffolk to the commissioner of police or a member of the police department thereof designated by such commissioner, or to the police commissioner or head of the police force or department of any city, town other than one named in this paragraph, or village thereof or to a member of the force or department designated by such commissioner or head.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 ensure the firearms have not been reported as stolen.
Summary of provisions
Section one of the bill 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 also 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. If further 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. Estab- lishes a definition of a "gun buyback program".
Section two establishes the effective date.
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 legis- lation would require that the serial number of the guns be cross-refer- enced with NYSPIN, which already keeps a record of firearms reprted as stolen.
LEGISLATIVE HISTORY
2017-18: S.1669 Referred to Codes 2015-16: S.1004 Referred to Codes 2013-14: S.4995 Referred to Codes
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.