NY State Senate Bill 2009-S1188

Senate Bill S1188

2009-2010 Legislative Session

Increase the types of firearms that are to be included in the firearm ballistic identification database

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 27, 2009	referred to consumer protection

2009-S1188 (ACTIVE) - Details

See Assembly Version of this Bill:: A3477
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1467, A4025
2013-2014: S1572
2015-2016: S2573
2017-2018: S2190
2019-2020: S5019
2021-2022: S5426
2023-2024: S6831

2009-S1188 (ACTIVE) - Summary

Increases the types of firearms that are to be included in the firearm ballistic identification database.

2009-S1188 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1188

 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.

Section 2 makes the effective date of the act the sixtieth day after
it 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 revolvers, 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 authorities would have been
powerless under current law to identify the weapon or its owner, in
spite of the existence of New York's statewide ballistics 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
mote expansive and inclusive in the types of firearms that it covers.
Because of the unfortunate reality of the accessibility of various
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
ballistics 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 communities 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 loophole. 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 :
05/02/07 Referred to Codes
01/09/08 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.

2009-S1188 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1188                                                  A. 3477

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2009
                               ___________

IN  SENATE -- Introduced by Sen. PARKER -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. CAMARA, GOTTFRIED, JAFFEE, MAISEL,
  ROBINSON,  BENJAMIN, COLTON, CLARK, ESPAILLAT, PEOPLES, COOK -- Multi-
  Sponsored by -- M. of A. DIAZ, V. LOPEZ, MAYERSOHN, J. RIVERA, SALADI-
  NO, TITONE, TOWNS, WALKER, WEISENBERG -- read once and referred to the
  Committee on Codes

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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 396-ff of the general business  law,  as  added  by
chapter 189 of the laws of 2000, is amended to read as follows:
  S 396-ff. [Pistol and revolver] FIREARM ballistic identification data-
bank.  (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 [pistols or revolvers]  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  [pistol or revolver] FIREARM that contains the primer and propel-
lant 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 WEAP-
ON.
  (2) [On and after March first, two thousand one, any] ANY manufacturer
that ships, transports or delivers a [pistol or revolver] FIREARM to any
person in this state shall, in accordance  with  rules  and  regulations

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02322-01-9

S. 1188                             2                            A. 3477

promulgated  by  the  division of state police, include in the container
with such [pistol or revolver] FIREARM a separate sealed container  that
encloses:
  (a)  a  shell  casing  of  a bullet or projectile discharged from such
[pistol or revolver] FIREARM; and
  (b) any additional information that identifies such [pistol or  revol-
ver] FIREARM and shell casing as required by such rules and regulations.
  (3)  A  gunsmith  or  dealer in firearms licensed in this state shall,
within ten days of the receipt of any [pistol or revolver] FIREARM  from
a manufacturer that fails to comply with the provisions of this section,
either  (a) return such [pistol or revolver] FIREARM to such manufactur-
er, 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, 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 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 [pistol or revolver] FIREARM to the regional program location  closest
to  his  or  her place of business for testing and prompt return of such
[pistol or revolver] FIREARM.
  (5) [On and after March first, two thousand  one,  a]  A  gunsmith  or
dealer  in  firearms  licensed  in  this state shall, within ten days of
delivering to any person a [pistol or revolver] FIREARM received by such
gunsmith or dealer in firearms [on or after such date], 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 [pistol or revol-
ver] 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 [pistol or revolver] 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 Treasury, Bureau of
Alcohol, Tobacco and Firearms  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  previ-
ously  convicted  of  a  violation  of this section shall be guilty of a
class A misdemeanor, punishable as provided in the penal law.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.