Title 9 Part 473

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.

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

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.

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.

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.

The Division of State Police will:

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

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.

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.

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.

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.

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.

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.

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.