BILL NUMBER: S638
SPONSOR: GALLIVAN
 
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 reported as
stolen.
 
LEGISLATIVE HISTORY:
2023-24: S.248 Referred to Codes
2021-22: S.1719 Referred to Codes
2019-20: S.536 Referred to Codes
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 effec-
tive 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.

Statutes affected:
S638: 400.05 penal law, 400.05(1) penal law