9 CRR-NY 473-2.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE K. NEW YORK STATE POLICE
PART 473. CRIMINAL GUN CLEARINGHOUSE RULES AND MUNICIPAL GUN BUYBACK RULES
SUBPART 473-2. MUNICIPAL GUN BUYBACK RULES(RULE 22, MUNICIPAL GUN BUYBACK PROGRAM OF THE NEW YORK STATE POLICE)
9 CRR-NY 473-2.3
9 CRR-NY 473-2.3
473-2.3 Guidelines for agencies participating in a municipal gun buyback program. (Rule 22.3)
(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 CRR-NY 473-2.3
Current through September 15, 2021
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