Section 230. Gun trafficking interdiction program


Latest version.
  • 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.
        5. In  any  case  where  a  state  or  local  law  enforcement  agency
      investigates  the commission of a crime in this state and a specific gun
      is known to have been used in such crime, such  agency  shall  submit  a
      request  to  the national tracing center of the United States Department
      of Treasury, bureau of  alcohol,  tobacco  and  firearms  to  trace  the
      movement  of  such  gun  and  such  federal agency shall be requested to
      provide the superintendent of the division of state police and the local
      law  enforcement  agency  with  the  results  of  such  a  trace.   This
    
      subdivision  shall  not apply where the source of a gun is already known
      to a local law enforcement agency.