2023 New York Laws › EXC - Executive › Article 11 - Division of State Police › 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.