New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 473

Executive Department

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9 NYCRR 473-1.1 - Purpose and scope

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Executive Department
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The Division of State Police is responsible for the establishment and operation of a criminal gun clearinghouse pursuant to the provisions of subdivision 4 of section 230 of the New York State Executive Law. This criminal gun clearinghouse shall be a central repository of information on 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.

9 NYCRR 473-1.2 - Definitions

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

(a)Criminal gun clearinghouse.

Criminal gun clearinghouse means a central repository of information on 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. It shall include a computer database as well as forensic and investigative assistance.

(b)New York Statewide Police Information Network (NYSPIN).

The New York Statewide Police Information Network (NYSPIN) is the computerized system administered by the Division of State Police as authorized by the New York State Executive Law, sections 217, 218, 219 and 220. NYSPIN includes the equipment, facilities, procedures, agreements, and organizations thereof for the collection, processing, preservation, or dissemination of criminal justice information.

(c)New York State Police Scientific Crime Detection Laboratory.

The New York State Police Scientific Crime Detection Laboratory consists of the Forensic Investigation Center, Building #30, 1220 Washington Avenue, Albany, NY 12226-0030; Mid Hudson Regional Crime Laboratory, Stewart Airport, Box 6065, Newburgh, NY 12550; Southern Tier Regional Crime Laboratory, Park Street, P.O. Box 213, Port Crane, NY 13833; and Western Regional Crime Laboratory, 722 Homer Street, Olean, NY 14760.

9 NYCRR 473-1.3 - Responsibilities of law enforcement agencies

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(a)Upon receipt of a gun that is seized, forfeited, found or otherwise comes into the possession of a law enforcement agency in this State and which is believed to have been used in the commission of a crime, such law enforcement agency shall make notification to the Criminal Gun Clearinghouse via NYSPIN. A formatted terminal message has been provided for this purpose and shall be completed in accordance with NYSPIN procedures and with the NYSPIN rule (Part 486 of this Title).
(b)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, but the source of such gun is not known, the agency shall, in addition to the above notification:
(1)request the national tracing center of the United States Treasury, Bureau of Alcohol, Tobacco and Firearms (BATF) to trace the movement of such gun; and
(2)request BATF to provide the Superintendent of State Police with a copy of the results of such trace, in addition to any copies provided to the original requesting agency.

9 NYCRR 473-1.4 - Responsibilities of the Division of State Police

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The Division of State Police will:

(a)maintain a computer database of all guns seized, forfeited, found or otherwise coming into the possession of law enforcement agencies and reported to the State Police via NYSPIN;
(b)collect, organize, analyze and disseminate information regarding patterns of illegal gun use within this State and the sources of illegal firearms traffic from other states;
(c)upon request of any law enforcement agency, offer investigative assistance through the Bureau of Criminal Investigation (BCI) in an effort to identify firearms used in specific crimes and to identify patterns of gun trafficking;
(d)upon request of any law enforcement agency, analyze evidence including firearms, projectiles and cartridge casings through the New York State Police Scientific Crime Detection Laboratory, in an effort to identify firearms used in specific crimes and determine the origin of unknown ballistic samples;
(e)provide expert testimony regarding analyses performed at the New York State Police Scientific Crime Detection Laboratory, in connection with criminal cases; and
(f)upon request of any law enforcement agency, query all available databases including the National Integrated Ballistic Image Network (NIBIN) and the New York State Combined Ballistic Identification System (CoBIS).

9 NYCRR 473-2.1 - Purpose and scope. (Rule 22.1)

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(a)Pursuant to section 233 of the New York State Executive Law the Division of State Police is responsible for promulgating rules and regulations necessary for the administration of the Municipal Gun Buyback Program.
(b)Agencies that apply for and obtain approval from the Division of State Police may receive funding to support a gun buyback program, subject to available appropriations and funds in the Municipal Gun Buyback Fund.
(c)To the extent practicable based upon the applications received and the funding available in the Municipal Gun Buyback Fund, the Division of State Police will endeavor to allocate municipal gun buyback funding throughout the State, with particular emphasis on localities where such buyback programs may be most effective and have the greatest public safety benefit.

9 NYCRR 473-2.2 - Definitions. (Rule 22.2)

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As used in this Subpart (Rule 22), the following terms are defined as follows:

(a)Agency means the police force or police department of any county, city, town, or village, or a county Sheriff.
(b)Municipal Gun Buyback Fund means the fund established pursuant to section 97-cc of the New York State Finance Law that is held in the joint custody of the State Comptroller and the Commission of Tax and Finance.

9 NYCRR 473-2.3 - Guidelines for agencies participating in a municipal gun buyback program. (Rule 22.3)

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(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’s 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’s 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’s 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’s 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’s 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’s application for participation.

9 NYCRR 473-2.4 - Participation in a program receiving funding from the Municipal Gun Buyback Fund. (Rule 22.4)

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(a)Written application required.
(1)Participation by an agency in a municipal gun buyback program that is to be funded in whole or in part from the Municipal Gun Buyback Fund is not authorized unless a written application has first been submitted to and approved by the Superintendent of State Police, or an authorized designee, pursuant to the provisions of this Subpart (Rule 22).
(2)All written applications for participation in a municipal gun buyback program submitted to the Division of State Police must be signed by the chief executive of the applicant agency, or the lead agency if more than one agency will participate in the buyback program.
(3)Applications for participation in a municipal gun buyback program must contain:
(i)The lead agency’s name, address, and area of jurisdiction, and if additional agencies are participating in the buyback program the same information for each agency.
(ii)The date and time the program will commence and conclude.
(iii)The location(s) for the Municipal Gun Buyback Program event(s).
(iv)The name, title, and contact information for the agency representative who will administer oversight of the event. This shall include an address, phone number, and e-mail address.
(v)A description of any previous gun buyback programs conducted by the agency, if any, and any other planned gun buyback programs to be conducted in the future.
(vi)A detailed description of all procedures and information required to be included in an application pursuant to subdivisions (a) through (g) of section 473-2.3 (Rule 22.3) of this Subpart.
(vii)The proposed instructions that the agency will provide to the public on how to surrender firearms, rifles, shotguns, ammunition, and/or other weapons as part of the Municipal Gun Buyback Program, including instructions for how and when to transport such items and any documentation individuals should carry on their person and/or other information that should be used to facilitate application of the provisions of subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of the Penal Law when surrendering firearms, rifles, shotguns, ammunition, and/or other weapons as part of the Municipal Gun Buyback Program.
(b)Application review and determination.
(1)The Superintendent or an authorized designee will review all applications submitted by agencies pursuant to this Rule and either approve or deny each application and notify the submitting agency of such determination.
(2)Approval of applications will be based upon compliance with the application requirements set forth in subdivision (a) of this section, in addition to the division’s overall goal of allocating municipal gun buyback funding throughout the State, with particular emphasis on localities where such buyback programs may be most effective and have the greatest public safety benefit.
(3)Any approval granted by the superintendent or designee will be subject to available appropriations and funds in the Municipal Gun Buyback Fund. All approved applications will be forwarded to the State Comptroller and Commissioner of Tax and Finance for determination of funding availability.
(4)The submitting agency will be notified by the Division of State Police of the reasons for the denial of any application, and will be permitted to amend and resubmit the application.
(c)Program completion.
(1)Within seven days of completing an approved municipal gun buyback program event, the agency shall submit a certified accounting of funds dispersed and a listing of firearms, rifles, shotguns, ammunition, and/or other weapons received during the gun buyback event to the Division of State Police.
(2)The superintendent or an authorized designee will review the accounting of funds and list of items received and forward the same to the State Comptroller and Commissioner of Tax and Finance if no discrepancies are noted. Otherwise, the agency will be notified of any discrepancies and be given an opportunity to amend and resubmit the accounting and/or listing of items received through the buyback event.
(3)Payment to the participating agency will be made directly by the State Comptroller and/or Commissioner of Tax and Finance from the Municipal Gun Buyback Fund, upon final approval of all submissions.

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