Section 396-FF. Pistol and revolver ballistic identification databank

(1)
  For the purposes of this section, the following  terms  shall  have  the
  following meanings:
    (a)  "Manufacturer" means any person, firm or corporation possessing a
  valid federal license that permits such person, firm or  corporation  to
  engage  in  the  business  of  manufacturing  pistols  or  revolvers  or
  ammunition therefor for the purpose of sale or distribution.
    (b) "Shell casing" means that part of ammunition capable of being used
  in a pistol or revolver that contains the primer and  propellant  powder
  to discharge the bullet or projectile.
    (2)  On and after March first, two thousand one, any manufacturer that
  ships, transports or delivers a pistol or revolver to any person in this
  state shall, in accordance with rules and regulations promulgated by the
  division of state police, include in the container with such  pistol  or
  revolver a separate sealed container that encloses:
    (a)  a  shell  casing  of  a bullet or projectile discharged from such
  pistol or revolver; and
    (b) any additional information that identifies such pistol or revolver
  and shell casing as required by such rules and regulations.
    (3) A gunsmith or dealer in firearms licensed  in  this  state  shall,
  within  ten  days  of  the  receipt  of  any  pistol  or revolver from a
  manufacturer that fails to comply with the provisions of  this  section,
  either  (a)  return such pistol or revolver to such manufacturer, or (b)
  notify the division of state police of such noncompliance and thereafter
  obtain a substitute sealed container through participation in a  program
  operated  by  the  state  police as provided in subdivision four of this
  section.
    (4) The division of state police shall no later  than  October  first,
  two  thousand,  promulgate  rules and regulations for the operation of a
  program which provides a gunsmith or a dealer in  firearms  licensed  in
  this  state  with  a  sealed  container enclosing the items specified in
  subdivision two of this section. The program shall at a minimum:
    (a) be operational by January first, two thousand one;
    (b) operate in at least five regional locations within the state; and
    (c) specify procedures by which such gunsmith or dealer is to  deliver
  a  pistol or revolver to the regional program location closest to his or
  her place of business for testing and prompt return of  such  pistol  or
  revolver.
    (5)  On  and after March first, two thousand one, a gunsmith or dealer
  in firearms licensed in this state shall, within ten days of  delivering
  to  any  person a pistol or revolver received by such gunsmith or dealer
  in firearms on or after such date, forward  to  the  division  of  state
  police,   along   with  the  original  transaction  report  required  by
  subdivision twelve of section  400.00  of  the  penal  law,  the  sealed
  container enclosing the shell casing from such pistol or revolver either
  (a)   received   from   the   manufacturer,   or  (b)  obtained  through
  participation in the program operated by the division of state police in
  accordance with subdivision four of this section.
    (6) Upon receipt of the sealed container, the division of state police
  shall cause to be entered in an automated electronic databank  pertinent
  data  and  other ballistic information relevant to identification of the
  shell casing and to the pistol or revolver from which it was discharged.
  The automated electronic databank will be operated and maintained by the
  division of state police, in accordance with its rules  and  regulations
  adopted  after consultation with the Federal Bureau of Investigation and
  the United States Department of Treasury, Bureau of Alcohol, Tobacco and
  Firearms to ensure compatibility with national ballistic technology.

    (7) Any person, firm or corporation who knowingly violates any of  the
  provisions of this section shall be guilty of a violation, punishable as
  provided in the penal law. Any person, firm or corporation who knowingly
  violates  any  of  the  provisions  of  this  section  after having been
  previously convicted of a violation of this section shall be guilty of a
  class A misdemeanor, punishable as provided in the penal law.