BILL NUMBER: S2158
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the executive law, in relation to requiring the division
of criminal justice services to establish and maintain a database of
information relating to the sale or use of microstamped guns in the
state and to promulgate regulations regarding the provision of informa-
tion pertaining to the sale, delivery or use of such guns within the
state
 
PURPOSE:
Requires all semiautomatic pistols manufactured on or after January 1,
2023 that are sold or delivered in New York to be capable of microstamp-
ing expended cartridge cases and be entered into a database that is
managed by the Department of Criminal Justice System
 
SUMMARY OF PROVISIONS:
Section 1 of the bill adds two new subdivisions 32 and 33 to section
265.00 of the Penal Law ("Definitions") to define the terms "microstam-
pready" and "microstamping component or mechanism."
Section 2 of the bill amends subdivision 6 of section 265.10 of the
Penal Law ("Manufacture, transport, disposition and defacement of weap-
ons and dangerous instruments and appliances") to clarify that the
existing class D felony offense of defacing a firearm includes the
defacement of a microstamping 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 compo-
nent or mechanism of such pistol has been defaced.
Section 3 of the bill adds two new sections 265.38 ("Microstamping of
semiautomatic pistols; penalties") and 265.39 ("Microstamping of semiau-
tomatic pistols; affirmative defense") to the Penal Law.
Section 265.38 would prohibit (1) the sale, offer for sale, exchange,
giving, transfer or delivery of a semiautomatic pistol manufactured
after January 1, 2023, by a dealer in firearms to any person other than
a dealer in firearms, unless such pistol is microstamp-ready and
(2) any manufacturer or wholesale dealer from delivering a semiautomatic
pistol manufactured after January 1, 2023 to any person in this state,
unless the pistol is certified by the manufacturer as microstamp-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 affir-
mative 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, 2023, are in possession
of the manufacturer's certification that such pistol is microstampready,
or an exact copy of such certification.
Section 4 of the bill amends subdivision 5 of section 265.15 of the
Penal Law ("Presumptions of possession, unlawful intent and defacement")
to make the presumption that applies to possession of defaced guns inap-
plicable to semi-automatic pistols where the sole defacement consists of
defacing a microstamping component or mechanism of such pistol.
Section 5 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 to their original purchasers through cartridge cases
found at crime scenes.
 
EXISTING LAW:
This is a new law.
 
LEGISLATIVE HISTORY:
2023-2024: S632 Comrie/A2572 Anderson
2022: S7456; reference changed to energy and telecom.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately.

Statutes affected:
S2158: 837 executive law