STATE OF NEW YORK ________________________________________________________________________
1023
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021 ___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to requiring reporting on a seized or recovered gun to the criminal gun clearinghouse
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivisions 4 and 5 of section 230 of the executive law, 2 as added by chapter 189 of the laws of 2000, are amended and three new 3 subdivisions 6, 7 and 8 are added to read as follows: 4 4. The superintendent of the division of state police shall establish 5 and maintain within the division a criminal gun clearinghouse as a 6 central repository of information regarding all guns seized, forfeited, 7 found or otherwise coming into the possession of any state or local law 8 enforcement agency which are believed to have been used in the commis- 9 sion of a crime. The superintendent of the division of state police 10 shall adopt and promulgate regulations prescribing reporting procedures 11 for such state or local law enforcement agencies, including the form for 12 reporting such information. In addition to any other information which 13 the superintendent of the division of state police may require, the form 14 shall require (a) the serial number or other identifying information on 15 the gun, if available and (b) a brief description of the circumstances 16 under which the gun came into the possession of the law enforcement 17 agency, including the crime which was or may have been committed with 18 the gun. Whenever a state or local law enforcement agency seizes or 19 recovers a gun that was unlawfully possessed, recovered from a crime 20 scene, or is reasonably believed to have been used in or associated with 21 the commission of a crime or is otherwise recovered as an abandoned or 22 discarded gun, the agency shall report such seized or recovered gun to 23 the criminal gun clearinghouse as soon as practicable, but in no case 24 more than twenty-four hours after the agency has taken possession of 25 such gun. Every report made to the criminal gun clearinghouse will
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02111-01-1
A. 1023 2
1 result in the prompt submission of a request to the national tracing 2 center of the bureau of alcohol, tobacco, firearms and explosives to 3 trace the movement of the subject gun and such federal agency will be 4 requested to provide the results of such a trace to the superintendent 5 of the division of state police and to the law enforcement agency that 6 submitted the clearinghouse report. 7 5. [In any case where a state or local law enforcement agency investi- 8 gates the commission of a crime in this state and a specific gun is 9 known to have been used in such crime, such agency shall submit a 10 request to the national tracing center of the United States Department 11 of Treasury, bureau of alcohol, tobacco and firearms to trace the move- 12 ment of such gun and such federal agency shall be requested to provide 13 the superintendent of the division of state police and the local law 14 enforcement agency with the results of such a trace. This subdivision 15 shall not apply where the source of a gun is already known to a local 16 law enforcement agency.] All state and local law enforcement agencies 17 shall participate in the bureau of alcohol, tobacco, firearms and 18 explosives collective data sharing program for the purpose of sharing 19 gun trace reports among all law enforcement agencies in the state on a 20 reciprocal basis. 21 6. (a) Whenever a state or local law enforcement agency seizes or 22 recovers a gun that was unlawfully possessed, recovered from the scene 23 of a crime, or is reasonably believed to have been used or associated 24 with the commission of a crime, or is recovered by the agency as an 25 abandoned or discarded gun, the agency shall arrange for every such gun 26 that is determined to be suitable for test-firing and of a type that is 27 eligible for national integrated ballistic information network data 28 entry and correlation to be test-fired as soon as practicable, and the 29 results of that test-firing shall be submitted forthwith to the national 30 integrated ballistic information network to determine whether the gun is 31 associated or related to a crime, criminal event, or any individual 32 associated or related to a crime or criminal event or reasonably 33 believed to be associated or related to a crime or criminal event. 34 (b) Whenever a state or local law enforcement agency recovers any 35 ammunition cartridge case that is of a type that is eligible for 36 national integrated ballistic information network data entry and corre- 37 lation at a crime scene, or has reason to believe that such recovered 38 ammunition cartridge case is related to or associated with the commis- 39 sion of a crime or the unlawful discharge of a gun, the agency shall, as 40 soon as practicable, arrange for the ballistics information to be 41 submitted to the national integrated ballistic information network. 42 7. Whenever a state or local law enforcement agency seizes or recovers 43 any gun, the agency shall promptly enter the make, model, caliber, and 44 serial number of the gun into the national crime information center 45 (NCIC) system to determine whether the gun was reported stolen. 46 8. The superintendent may adopt rules and regulations to effectuate 47 the provisions of this section. 48 ยง 2. This act shall take effect on the one hundred eightieth day after 49 it shall have become a law.