Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement and provides for an affirmative defense if the dealer had a certification from the manufacturer.
TITLE OF BILL: An act to amend the penal law, in relation to requiring semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition
PURPOSE OR GENERAL IDEA OF BILL: Requires all semiautomatic pistols manufactured on or after January 1, 2013 to be capable of producing a unique alpha-numeric or geometric code on at least two locations on each cartridge case expended from such pistol which can identify the make, model and serial number of the pistol.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 contains the short title of the act, the "Crime Gun Identification Act of 2011."
Section 2 of the bill contains the Legislative Findings and Intent.
Section 3 of the bill adds two new subdivisions 24 and 25 to section 265.00 of the penal law to define the terms "microstamp-ready" and "microstamping component or mechanism."
Section 4 of the bill amends subdivision 6 of section 265.10 of the penal law to clarify that the existing class D felony offense of defacing a firearm includes the defacement of a micros tamping component or mechanism of a semiautomatic pistol. This section also creates a new class A misdemeanor offense when a dealer in firearms sells, offers for sale, exchanges, gives, transfers or delivers a semiautomatic pistol knowing that the microstamping component or mechanism of such pistol has been defaced. section 6 expressly excludes from defacing a semiautomatic pistol (1) modifications made to such pistol to render it micros tamp ready, or (2) replacing a firing pin of a micro-stamp ready semiautomatic pistol when the pin is damaged or in need of replacement for the safe use of the pistol, or replacing such pin for a legitimate sporting purpose.
Section 5 of the bill adds two new sections 265.38 and 265.39 to the penal law. Section 265.38 would prohibit (1) on or after January 1, 2011, the manufacture of a semiautomatic pistol in this state that is not micro-stamp ready, (2) the sale, offer for sale, exchange, giving, transfer or delivery of a semi-automatic pistol manufactured after January 1, 2013 by a dealer in firearms to any person other than a dealer in firearms, unless such pistol is micro-stamp ready and (3) any manufacturer or wholesale dealer from delivering a semiautomatic pistol manufactured after January 1, 2013 to any person in this state, unless the pistol is certified by the manufacturer as micro-stamp ready in accordance with rules and regulations promulgated by the division of state police. A violation of Section 265.38 is a class B misdemeanor; a second or subsequent violation of any of these provisions is a class A misdemeanor. Section 265.39 provides dealers in firearms charged under subdivision 2 of section 265.38 with an affirmative defense. The affirmative defense is available to those dealers who, at the
time of the sale, offer for sale, exchange, giving, transfer or delivery of a semi-automatic pistol manufactured after January 1, 2013, are in possession of the manufacturer's certification that such pistol is microstamp-ready, or an exact copy of such certification.
Section 6 of the bill amends subdivision 5 of section 265.15 of the penal law to make the presumption that applies to possession of defaced guns inapplicable to semi-automatic pistols where the sole defacement consists of defacing a microstamping component or mechanism of such pistol.
Section 7 of the bill contains the effective date.
JUSTIFICATION: Microstamping technology utilizes lasers to make precise, microscopic engravings on the internal mechanisms of a gun, such as the breech face and firing pin. As the gun is fired, information identifying the make, model and serial number of the gun can be stamped onto the cartridge as numbers and letters. The technology is designed to aid law enforcement officials investigating homicides and other crimes by allowing them to trace firearms through cartridge cases found at crime scenes.
Microstamping represents a significant advancement over existing ballistic identification technology. Because the technology of micros tamping stamps the identifying characteristics of a firearm onto every cartridge ejected from the gun, investigators need only recover the cartridges at a crime scene to be able to identify the actual crime gun. Current ballistics identification technology is much more limited. While it can be used to compare ballistic evidence recovered at crime scenes, it cannot lead investigators directly to a specific firearm that produced the ballistic fingerprint, unless that firearm is recovered.
On October 13, 2007, California Governor Arnold Schwarzenegger signed into law the "Crime Gun Identification Act of 2007, "mandating manufacturer "microstamping" of all new models of semiautomatic handgun models sold in California starting in 2010. Numerous other states are also considering microstamping legislation.
PRIOR LEGISLATIVE HISTORY: 2009: S.4397-A Referred to Codes 2008: S.8541 Referred to Rules
FISCAL IMPLICATIONS: This legislation will not impose new costs on the State of New York. No new database is required; The certification process contained in the bill is entirely industry based. Manufacturers will incur minimal costs to adopt the new technology.
EFFECTIVE DATE: The act would take effect January 1,2013, or at such time that the division of state police receive written notice from a microstamp job shop that such shop can produce microstamp structures on two internal surfaces of a semiautomatic pistol for a price of twelve dollars or less at a production level of one thousand semiautomatic pistols per
batch, whichever occurs later. The division of state police is authorized to promulgate necessary rules and regulations upon passage of the act.
STATE OF NEW YORK ________________________________________________________________________ 675--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. PERALTA, BRESLIN, DIAZ, HASSELL-THOMPSON, OPPENHEIM- ER, RIVERA, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to requiring semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "crime gun identification act of 2011". S 2. Legislative findings and intent. The legislature finds that in 2005, the national clearance rate for homicide cases was approximately 60% and over 3,000 gun homicide cases went unsolved; that in approxi- mately half of gun homicide investigations a spent cartridge casing, but not a firearm, is recovered at the crime scene; that currently deployed national ballistic identification systems cannot identify the serial number of a gun unless the gun itself has been recovered; that firearm microstamping is a revolutionary forensic technology that produces an identifiable alpha-numeric and geometric code onto the rear of the cartridge casing each time a semiautomatic pistol is fired; that the alpha-numeric and geometric code on an expended cartridge casing will provide an initial lead for law enforcement by enabling law enforcement to match the cartridge casing found at a crime to the original owner of the firearm; that information from completed crime gun tracing is an important element utilized by COMPSTAT and other crime analysis systems to target illegal firearms trafficking; that microstamping technology continues to produce identifiable markings onto expended cartridge casings even after thousands of rounds of testing; that this additionalEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01523-03-1 S. 675--A 2
tool will help law enforcement investigate illegal gun trafficking, close firearm-related criminal cases and protect the public; and that legislative action is necessary to require all new semiautomatic pistols sold after January 1, 2013 to be microstamp-ready. S 3. Section 265.00 of the penal law is amended by adding two new subdivisions 24 and 25 to read as follows: 24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE TO A SEMIAUTOMATIC PISTOL, MEANS THAT SUCH PISTOL IS MANUFACTURED TO PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC CODE ON AT LEAST TWO LOCATIONS ON EACH EXPENDED CARTRIDGE CASE THAT IDENTIFIES THE MAKE, MODEL, AND SERIAL NUMBER OF THE PISTOL. 25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED WITH REFERENCE TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL DESIGNED AND INTENDED TO PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI- AL NUMBER OF THE PISTOL. S 4. Subdivision 6 of section 265.10 of the penal law, as amended by chapter 189 of the laws of 2000, is amended to read as follows: 6. (A) Any person who wilfully defaces any machine-gun, large capacity ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI- VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE, is guilty of a class D felony. (B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAPTER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPO- NENT OR MECHANISM OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDEMEANOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMAT- IC PISTOL DOES NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL TO RENDER IT MICROSTAMP-READY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI- SION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE OR (2) REPLACING THE FIRING PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH PIN IS DAMAGED OR IN NEED OF REPLACEMENT FOR THE SAFE USE OF SUCH PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE. S 5. The penal law is amended by adding two new sections 265.38 and 265.39 to read as follows: S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES. IT SHALL BE UNLAWFUL: 1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU- SAND THIRTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH PISTOL IS MICROSTAMP-READY; OR 2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC- TURED AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, UNLESS THE MANUFACTUR- ER CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE, THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS SHALL INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC- TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR; PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE- SALE DEALER OR A MANUFACTURER, WHO VIOLATES ANY PROVISION OF THIS SECTION AFTER HAVING PREVIOUSLY BEEN CONVICTED OF VIOLATING ANY PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.S. 675--A 3
S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE. IN ANY PROSECUTION UNDER SUBDIVISION ONE OF SECTION 265.38 OF THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER IN FIREARMS, AT THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF: 1. A CERTIFICATION FROM THE MANUFACTURER OF SUCH PISTOL DELIVERED PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH PISTOL IS MICROSTAMP-READY; OR 2. AN EXACT COPY OF SUCH CERTIFICATION OBTAINED BY THE DEALER IN FIREARMS FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE. THE DIVISION OF STATE POLICE SHALL PROMULGATE RULES AND REGULATIONS GOVERNING PROCEDURES AND STANDARDS FOR EXACT COPIES OF CERTIFICATIONS AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC- TURER FOR PURPOSES OF THIS SECTION. S 6. Subdivision 5 of section 265.15 of the penal law, as amended by chapter 695 of the laws of 1987, is amended to read as follows: 5. The possession by any person of a defaced machine-gun, firearm, rifle or shotgun is presumptive evidence that such person defaced the same, PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY TO POSSESSION OF A SEMI-AUTOMATIC PISTOL WHERE THE DEFACEMENT ALLEGED CONSISTS OF DEFACING A MICROSTAMPING COMPONENT OR MECHANISM OF SUCH PISTOL. S 7. This act shall take effect January 1, 2013, or at such time that the superintendent of the state police has received written notice from one or more microstamp job shops that such shop or shops are willing and prepared to produce microstamp structures on two internal surfaces of a semiautomatic pistol in accordance with subdivision 24 of section 265.00 of the penal law for a price of twelve dollars or less at a production level of one thousand semiautomatic pistols per batch, whichever occurs later; provided that the division of state police shall notify the legislative bill drafting commission upon the occurrence of the receipt of the written notice provided for in this section in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of this act, and provided further, that effective immediately the superintendent of the state police shall promulgate rules and regulations necessary for the implementation of this act.