Title 9 Part 472

As used in this Part, the following terms shall mean and include:

Approved container means a paper coin envelope, kraft #5, measuring 2⅞ by 5¼ inches, imprinted with information as prescribed by the Superintendent of State Police in section 472.4(c) of this Part.

For purposes of a manufacturer's requirements under this Part, a ballistic sample is a shell casing of a bullet or projectile discharged from a specific, identified pistol or revolver. Provided, however, that a ballistic sample obtained by a dealer participation at a regional CoBIS center shall consist of two shell casings of bullets or projectiles discharged from a specific, identified pistol or revolver.

A document issued by the New York State Police certifying that a ballistic sample has been secured from a pistol or revolver at a regional CoBIS center for entry into the CoBIS databank and identifying the firearm by make, model, caliber, serial number, and gun type.

CoBIS headquarters means the facility at the New York State Police Forensic Investigation Center, Building 30, 1220 Washington Avenue, Albany, NY 12226-3000.

CoBIS officer means the State Police employee designated by the superintendent having an office at CoBIS headquarters.

Dealer in firearms means any person who holds a valid New York State license to operate as a gunsmith or dealer in firearms, properly issued or renewed pursuant to the provisions of Penal Law section 400.00.

Drop-ship means a method of delivery wherein pistols or revolvers purchased through a dealer in firearms are delivered by common carrier directly from a manufacturer to a State, county or local law enforcement agency in this State, without such dealer taking physical possession of them.

Manufacturer means any person, firm or corporation engaged in the business of manufacturing pistols or revolvers or ammunition therefore for the purpose of sale or distribution.

Reduced lead ammunition means ammunition manufactured with lead free primers and full metal jacketed (FMJ) or total metal jacketed (TMJ) projectiles.

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.

The provisions of this Part shall apply only to new pistols and revolvers received by a licensed dealer in firearms from a manufacturer on or after March 1, 2001, and shall not apply to any pistol or revolver possessed by any licensed dealer in firearms prior to that date nor to any pistol or revolver legally possessed prior to that date by any person in this State under the provisions of section 400.00 or 265.20 of the New York State Penal Law.

The provisions of this Part shall apply only to pistols and revolvers received by a dealer in firearms in this State for delivery or sale to a person in this State. The provisions of this Part shall not apply to pistols or revolvers received by a dealer in firearms in this State specifically for delivery or sale to a person or entity outside this State; provided that the original transaction reports required by subdivision 12 of section 400.00 of the Penal Law indicate on them that the pistols or revolvers are not for delivery or sale to a person in this State.

The information imprinted upon an approved container shall be completed in the following manner. It may be placed directly on the envelope or on a nonremovable sticker or label securely affixed to the envelope. Additional information may be included if necessary to fulfill requirements imposed by other jurisdictions. The following are minimum requirements under this Part. Except for the signature, all information MUST be machine printed.

An approved container shall be properly sealed by closing the envelope flap and affixing sealing tape across the flap in such a manner as to prevent the opening of such flap. The person collecting the ballistic sample shall then place his or her initials across the sealing tape.

NOTE:

As used in this section only, the term Manufacturer, in addition to the meaning set forth in section 472.2 of this Part, shall also include any person, firm or corporation outside this State engaged in the business of supplying pistols or revolvers to licensed dealers in firearms in this State.

NOTE:

After a certificate of compliance is issued to any dealer in firearms for a specific pistol or revolver, subsequent transfers of such firearm between dealers do not require submission of additional ballistic samples.

On or after March 1, 2001, any dealer in firearms that transfers a pistol or revolver to another dealer in firearms shall include in the container with such pistol or revolver the ballistic sample received from the manufacturer, or the certificate of compliance issued by the New York State Police. The dealer to whom the firearm is transferred shall retain such sample or certificate with the firearm until the firearm is transferred to another person.

On or after March 1, 2001, any dealer in firearms that delivers a pistol or revolver to any person other than another dealer in firearms shall within 10 days forward to the CoBIS officer by certified US mail or by a parcel delivery service that maintains package tracking capabilities either:

For purposes of this section, a dealer in firearms shall be deemed in compliance with this Part if:

Regional CoBIS centers shall be maintained and operated at the following locations and at other permanent or temporary locations deemed appropriate by the superintendent:

Regional CoBIS centers shall operate between the hours of 8:00 a.m. and 4:30 p.m. except on Saturdays, Sundays and holidays.

Dealers shall contact a regional CoBIS center to arrange an appointment prior to collection of any ballistic sample. The regional CoBIS staff may limit the number of firearms to be processed to ensure that all dealers receive equal access.

After a pistol or revolver is transferred to a member of the CoBIS staff it will be test fired, the ballistic sample will be collected, and the collection will be recorded in a computer system. Upon completion of this process the firearm will be returned to the submitting dealer, who will be provided with a certificate of compliance certifying that a ballistic sample has been secured at the CoBIS center. The ballistic sample will be forwarded to CoBIS headquarters and will not be returned to the dealer.

Questions regarding this Part and other inquiries regarding the CoBIS program may be directed to the CoBIS officer at CoBIS headquarters.