§ 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.\n 5. In any case where a state or local law enforcement agency\ninvestigates the commission of a crime in this state and a specific gun\nis known to have been used in such crime, such agency shall submit a\nrequest to the national tracing center of the United States Department\nof Treasury, bureau of alcohol, tobacco and firearms to trace the\nmovement of such gun and such federal agency shall be requested to\nprovide the superintendent of the division of state police and the local\nlaw enforcement agency with the results of such a trace. This\nsubdivision shall not apply where the source of a gun is already known\nto a local law enforcement agency.\n
N.Y. Exec. Law § 230
Gun trafficking interdiction program
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2023). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.