N.Y. Executive Law § 230: Gun trafficking interdiction program

§ 230. Gun trafficking interdiction program. 1. There is hereby

created within the division of criminal justice services a gun

trafficking interdiction program to be administered by the commissioner

of the division of criminal justice services to distribute funds in

accordance with the provisions of this section for the purpose of

interdicting guns and components of guns illegally entering New York

with a focus on those "supplier" states from which substantial numbers

of guns illegally enter this state.

2. The superintendent of the division of state police, in cooperation

with the United States department of treasury, bureau of alcohol,

tobacco and firearms and district attorneys in New York state, shall

develop and implement a strategy for the interdiction of guns illegally

entering New York from supplier states. The strategy shall include

identifying and prosecuting gun traffickers and suppliers of such guns

who may be violating federal, state or local laws, and cooperating with

the United States department of treasury, bureau of alcohol, tobacco and

firearms and appropriate prosecutorial agencies and law enforcement

agencies in supplier states in the investigation and enforcement of such

laws. District attorneys are authorized to enter into collaborative

agreements with prosecutorial and other governmental agencies and

entities in supplier states in an effort to stop the movement of illegal

guns into New York.

3. The commissioner of the division of criminal justice services shall

award grant monies to district attorneys for programs which are designed

to interdict the flow of illegal guns across New York state borders. In

order to qualify for such grant monies, a district attorney must submit

an application to the commissioner of the division of criminal justice

services in accordance with guidelines prescribed by the division of

criminal justice services. The application shall identify a strategy and

implementation plan for preventing the entry of illegal guns across New

York's borders. Funds awarded under this section shall not be used to

supplant federal, state or local funds. No more than fifty percent of

the funds available pursuant to this section in any one fiscal year

shall be awarded for programs within a single city, county, town or

village.

4. The superintendent of the division of state police shall establish

and maintain within the division a criminal gun clearinghouse as a

central repository of information regarding all guns seized, forfeited,

found or otherwise coming into the possession of any state or local law

enforcement agency which are believed to have been used in the

commission of a crime. The superintendent of the division of state

police shall adopt and promulgate regulations prescribing reporting

procedures for such state or local law enforcement agencies, including

the form for reporting such information. In addition to any other

information which the superintendent of the division of state police may

require, the form shall require (a) the serial number or other

identifying information on the gun, if available and (b) a brief

description of the circumstances under which the gun came into the

possession of the law enforcement agency, including the crime which was

or may have been committed with the gun. Whenever a state or local law

enforcement agency seizes or recovers a gun that was unlawfully

possessed, recovered from a crime scene, or is reasonably believed to

have been used in or associated with the commission of a crime or is

otherwise recovered as an abandoned or discarded gun, the agency shall

report such seized or recovered gun to the criminal gun clearinghouse as

soon as practicable, but in no case more than twenty-four hours after

the agency has taken possession of such gun. Every report made to the

criminal gun clearinghouse will result in the prompt submission of a

request to the national tracing center of the bureau of alcohol,

tobacco, firearms and explosives to trace the movement of the subject

gun and such federal agency will be requested to provide the results of

such a trace to the superintendent of the division of state police and

to the law enforcement agency that submitted the clearinghouse report.

5. All state and local law enforcement agencies shall participate in

the bureau of alcohol, tobacco, firearms and explosives collective data

sharing program for the purpose of sharing gun trace reports among all

law enforcement agencies in the state on a reciprocal basis.

6. (a) The division of state police, in consultation with the division

of criminal justice services, shall publish quarterly reports on their

respective websites with information related to firearms, rifles and

shotguns used in the commission of crimes in the state of New York,

including but not limited to, information pertaining to the county and

state of origin of the firearm, rifle or shotgun, the county and state

where the firearm, rifle or shotgun was purchased, whether the firearm,

rifle or shotgun was purchased by the perpetrator of the crime or by

another individual, and whether the perpetrator had a license or permit

to possess such firearm, rifle or shotgun.

(b) Each political subdivision, municipality, commission, agency,

office, department, board and division in the state, to the extent not

inconsistent with other provisions of law, shall cooperate fully with

the division of state police and the division of criminal justice

services and shall furnish such information and assistance, in the form

and manner specified by the division of state police and the division of

criminal justice services, as may be required in the performance of

their function under this subdivision. If such information is not

readily available or accessible, the relevant local law enforcement

agency will make efforts to obtain such information, including but not

limited to the reporting requirements set forth in subdivision five of

this section. Such information shall be provided to the extent allowable

by federal, state or any other applicable law.

7. (a) Whenever a state or local law enforcement agency seizes or

recovers a gun that was unlawfully possessed, recovered from the scene

of a crime, or is reasonably believed to have been used or associated

with the commission of a crime, or is recovered by the agency as an

abandoned or discarded gun, the agency shall arrange for every such gun

that is determined to be suitable for test-firing and of a type that is

eligible for national integrated ballistic information network data

entry and correlation to be test-fired as soon as practicable, and the

results of that test-firing shall be submitted forthwith to the national

integrated ballistic information network to determine whether the gun is

associated or related to a crime, criminal event, or any individual

associated or related to a crime or criminal event or reasonably

believed to be associated or related to a crime or criminal event.

(b) Whenever a state or local law enforcement agency recovers any

ammunition cartridge case that is of a type that is eligible for

national integrated ballistic information network data entry and

correlation at a crime scene, or has reason to believe that such

recovered ammunition cartridge case is related to or associated with the

commission of a crime or the unlawful discharge of a gun, the agency

shall, as soon as practicable, arrange for the ballistics information to

be submitted to the national integrated ballistic information network.

8. Whenever a state or local law enforcement agency seizes or recovers

any gun, the agency shall promptly enter the make, model, caliber, and

serial number of the gun into the national crime information center

(NCIC) system to determine whether the gun was reported stolen.

9. The superintendent may adopt rules and regulations to effectuate

the provisions of this section.