Effective date: 2020-01-30

Part 473 of Subtitle K of Title 9 of the Official Compilation of Codes, Rules and Regulations is renamed “Criminal Gun Clearinghouse and Municipal Gun Buyback Rules”; and

A new Subpart 473-1 of Part 473 of Subtitle K of Title 9 of the Official Compilation of Codes, Rules and Regulations is established, titled “Criminal Gun Clearinghouse Rules”; and

The existing Sections 473.1 through 473.4 of Part 473 of Subtitle K of Title 9 of the Official Compilation of Codes, Rules and Regulations are renumbered as Sections 473-1.1 through 473-1.4 of Subpart 473-1 of Part 473 of Subtitle K of Title 9 of the Official Compilation of Codes, Rules and Regulations; and

A new Subpart 473-2 of Part 473 of Subtitle K of Title 9 of the Official Compilation of Codes, Rules and Regulations is established, titled “Municipal Gun Buyback Rules”; and

Rule 22, "Municipal Gun Buyback Program" of the Rules of the New York State Police, is filed with and published by the Department of State as Sections 473-2.1 through 473-2.4 of Subpart 473-2 of Part 473 of Subtitle K of Title 9 of the Official Compilation of Codes, Rules and Regulations, to read as follows:

PART 473

(Statutory Authority: Executive Law, sections 230[4], 233[2])

CRIMINAL GUN CLEARINGHOUSE AND MUNICIPAL GUN BUYBACK RULES

SUBPART 473-2

MUNICIPAL GUN BUYBACK PROGRAM (RULE 22 of the New York State Police)

Section 473 - 2.1 Purpose and Scope. (Rule 22.1)

(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.

Section 473 - 2.2 Definitions. (Rule 22.2)

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.

Section 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 two hundred thirty of the New York Executive Law and subpart 473-1 of 9 NYCRR Part 473, 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.

Section 473 - 2.4 Participation in a Program Receiving Funding from the Municipal Gun Buyback Fund. (Rule 22.4)

(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 paragraph (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.