New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-2 - Municipal Gun Buyback Rules(Rule 22, Municipal Gun Buyback Program of the New York State Police) › Section 473-2.3 - Guidelines for agencies participating in a municipal gun buyback program. (Rule 22.3)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Allowing individuals to surrender guns.
Agencies may allow individuals to surrender firearms,
					 rifles, shotguns, and ammunition anonymously or otherwise. The method of
					 surrender shall be detailed in the agency"TMs application for
					 participation.
(b)
Eligibility for monetary rewards.
Agencies may provide monetary rewards to any person who
					 surrenders a firearm, rifle, or shotgun, in apparently operable condition,
					 during the course of an authorized municipal gun buyback program. The surrender
					 of weapons of any other kind, including but not limited to magazines and
					 ammunition, should be accepted by agencies participating in a municipal gun
					 buyback program but such items are not eligible for compensation from the
					 Municipal Gun Buyback Fund. Agencies should accept as many weapons as an
					 individual voluntarily presents for surrender, but may limit monetary rewards
					 for a maximum number of submissions per person. Eligibility criteria for
					 monetary rewards, the value of such rewards based upon specific items
					 surrendered, and the method of payment/remuneration shall be detailed in the
					 agency"TMs application for participation.
(c)
Documenting voluntary
				  surrenders.
Agencies shall document the details of each surrendered
					 item including, as applicable, the make, model, serial number, caliber,
					 condition, and any other identifying characteristic(s) of each item
					 surrendered. Procedures for recording this information shall be detailed in the
					 agency"TMs application for participation.
(d)
Safe storage and disposal of
				  guns.
Firearms, rifles, shotguns, and ammunition received by
					 agencies as part of a municipal gun buyback program shall be stored and
					 disposed of in a manner consistent with applicable law, including articles 265
					 and 400 of the New York Penal Law. Storage and disposal methods shall be
					 detailed in the agency"TMs application for participation.
(e)
Return of recovered stolen
				  property.
Firearms, rifles, shotguns, and ammunition received by
					 agencies as part of a municipal gun buyback program that have been reported as
					 stolen may be returned to the rightful owner in a manner consistent with
					 applicable law, including articles 265 and 400 of the New York Penal Law.
					 Procedures for the return of recovered stolen property to the rightful owner,
					 if any, shall be detailed in the agency"TMs application for
					 participation.
(f)
Retention of guns as evidence of a crime and notification to the criminal
				  gun clearinghouse.
Firearms, rifles, shotguns, and ammunition received by
					 agencies as part of a municipal gun buyback program that are believed to have
					 been used in the commission of a crime shall be retained by the agency in
					 accordance with its usual evidence retention policies. Additionally, a
					 notification shall be made to the Criminal Gun Clearinghouse pursuant to the
					 provisions of subdivision four of section 230 of the New York Executive Law and
					 Subpart 473-1 of this Part, and the firearm and any associated ammunition
					 should be submitted to a National Integrated Ballistics Information Network
					 (NIBIN) qualified crime laboratory for test firing and possible NIBIN
					 submission.
(g)
Coordination by agencies with community groups.
Agencies participating in a municipal gun buyback program
					 may elect to coordinate with local community groups in promoting and/or
					 conducting the program. Any planned community group coordination shall be
					 detailed in the agency"TMs application for participation.