§ 230 — Gun trafficking interdiction program

New York § 230

• Jurisdiction: New York
• Law EXC: Executive
• Art. 11: Division of State Police

Text

§ 230. Gun trafficking interdiction program. 1. There is hereby\ncreated within the division of criminal justice services a gun\ntrafficking interdiction program to be administered by the commissioner\nof the division of criminal justice services to distribute funds in\naccordance with the provisions of this section for the purpose of\ninterdicting guns and components of guns illegally entering New York\nwith a focus on those "supplier" states from which substantial numbers\nof guns illegally enter this state.\n 2. The superintendent of the division of state police, in cooperation\nwith the United States department of treasury, bureau of alcohol,\ntobacco and firearms and district attorneys in New York state, shall\ndevelop and implement a strategy for the interdiction of guns illegally\nentering New York from supplier states. The strategy shall include\nidentifying and prosecuting gun traffickers and suppliers of such guns\nwho may be violating federal, state or local laws, and cooperating with\nthe United States department of treasury, bureau of alcohol, tobacco and\nfirearms and appropriate prosecutorial agencies and law enforcement\nagencies in supplier states in the investigation and enforcement of such\nlaws. District attorneys are authorized to enter into collaborative\nagreements with prosecutorial and other governmental agencies and\nentities in supplier states in an effort to stop the movement of illegal\nguns into New York.\n 3. The commissioner of the division of criminal justice services shall\naward grant monies to district attorneys for programs which are designed\nto interdict the flow of illegal guns across New York state borders. In\norder to qualify for such grant monies, a district attorney must submit\nan application to the commissioner of the division of criminal justice\nservices in accordance with guidelines prescribed by the division of\ncriminal justice services. The application shall identify a strategy and\nimplementation plan for preventing the entry of illegal guns across New\nYork's borders. Funds awarded under this section shall not be used to\nsupplant federal, state or local funds. No more than fifty percent of\nthe funds available pursuant to this section in any one fiscal year\nshall be awarded for programs within a single city, county, town or\nvillage.\n 4. The superintendent of the division of state police shall establish\nand maintain within the division a criminal gun clearinghouse as a\ncentral repository of information regarding all guns seized, forfeited,\nfound or otherwise coming into the possession of any state or local law\nenforcement agency which are believed to have been used in the\ncommission of a crime. The superintendent of the division of state\npolice shall adopt and promulgate regulations prescribing reporting\nprocedures for such state or local law enforcement agencies, including\nthe form for reporting such information. In addition to any other\ninformation which the superintendent of the division of state police may\nrequire, the form shall require (a) the serial number or other\nidentifying information on the gun, if available and (b) a brief\ndescription of the circumstances under which the gun came into the\npossession of the law enforcement agency, including the crime which was\nor may have been committed with the gun. Whenever a state or local law\nenforcement agency seizes or recovers a gun that was unlawfully\npossessed, recovered from a crime scene, or is reasonably believed to\nhave been used in or associated with the commission of a crime or is\notherwise recovered as an abandoned or discarded gun, the agency shall\nreport such seized or recovered gun to the criminal gun clearinghouse as\nsoon as practicable, but in no case more than twenty-four hours after\nthe agency has taken possession of such gun. Every report made to the\ncriminal gun clearinghouse will result in the prompt submission of a\nrequest to the national tracing center of the bureau of alcohol,\ntobacco, firearms and explosives to trace the movement of the subject\ngun and such federal agency will be requested to provide the results of\nsuch a trace to the superintendent of the division of state police and\nto the law enforcement agency that submitted the clearinghouse report.\n 5. All state and local law enforcement agencies shall participate in\nthe bureau of alcohol, tobacco, firearms and explosives collective data\nsharing program for the purpose of sharing gun trace reports among all\nlaw enforcement agencies in the state on a reciprocal basis.\n 6. (a) The division of state police, in consultation with the division\nof criminal justice services, shall publish quarterly reports on their\nrespective websites with information related to firearms, rifles and\nshotguns used in the commission of crimes in the state of New York,\nincluding but not limited to, information pertaining to the county and\nstate of origin of the firearm, rifle or shotgun, the county and state\nwhere the firearm, rifle or shotgun was purchased, whether the firearm,\nrifle or shotgun was purchased by the perpetrator of the crime or by\nanother individual, and whether the perpetrator had a license or permit\nto possess such firearm, rifle or shotgun.\n (b) Each political subdivision, municipality, commission, agency,\noffice, department, board and division in the state, to the extent not\ninconsistent with other provisions of law, shall cooperate fully with\nthe division of state police and the division of criminal justice\nservices and shall furnish such information and assistance, in the form\nand manner specified by the division of state police and the division of\ncriminal justice services, as may be required in the performance of\ntheir function under this subdivision. If such information is not\nreadily available or accessible, the relevant local law enforcement\nagency will make efforts to obtain such information, including but not\nlimited to the reporting requirements set forth in subdivision five of\nthis section. Such information shall be provided to the extent allowable\nby federal, state or any other applicable law.\n 7. (a) Whenever a state or local law enforcement agency seizes or\nrecovers a gun that was unlawfully possessed, recovered from the scene\nof a crime, or is reasonably believed to have been used or associated\nwith the commission of a crime, or is recovered by the agency as an\nabandoned or discarded gun, the agency shall arrange for every such gun\nthat is determined to be suitable for test-firing and of a type that is\neligible for national integrated ballistic information network data\nentry and correlation to be test-fired as soon as practicable, and the\nresults of that test-firing shall be submitted forthwith to the national\nintegrated ballistic information network to determine whether the gun is\nassociated or related to a crime, criminal event, or any individual\nassociated or related to a crime or criminal event or reasonably\nbelieved to be associated or related to a crime or criminal event.\n (b) Whenever a state or local law enforcement agency recovers any\nammunition cartridge case that is of a type that is eligible for\nnational integrated ballistic information network data entry and\ncorrelation at a crime scene, or has reason to believe that such\nrecovered ammunition cartridge case is related to or associated with the\ncommission of a crime or the unlawful discharge of a gun, the agency\nshall, as soon as practicable, arrange for the ballistics information to\nbe submitted to the national integrated ballistic information network.\n 8. Whenever a state or local law enforcement agency seizes or recovers\nany gun, the agency shall promptly enter the make, model, caliber, and\nserial number of the gun into the national crime information center\n(NCIC) system to determine whether the gun was reported stolen.\n 9. The superintendent may adopt rules and regulations to effectuate\nthe provisions of this section.\n