Microstamping technology causes a firearm to etch a unique microscopic code onto ammunition cartridge cases when the gun is fired that identifies the firearm’s make, model, and serial number. This technology could enable law enforcement to match cartridges found at crime scenes directly to the gun that fired them, similar to the way an automobile’s license plate may be used to identify a vehicle’s make, model, VIN, and registered owner.

Beginning in approximately July 2024, the Division of State Police must engage in and complete an investigation to certify the technological viability of microstamping-enabled handguns and certify or decline to certify that microstamping-enabled handguns are technologically viable.¹ If the Division determines that microstamping-enabled handguns are viable:

• Within one year from the date of certification, the Division must establish performance standards, qualifying criteria and testing protocols applicable to the examination and verification of microstamping-enabled pistols and microstamping components;
• Within two years from the date of certification, the Division must
  • Establish and implement verification processes for microstamping-enabled pistols and microstamping components;
    
  • Establish processes and standards for the training and licensure of persons, associations, partnerships, corporations, or other entities so that such may engage in the business of servicing semi-automatic pistols and their components; and
    
  • Designate a body to service semiautomatic pistols and their components to ensure compliance with the requirements of the microstamping law.²

Four years after the certification that microstamping-enabled pistols are technologically viable, it shall be illegal for any licensed gun dealer to sell, offer for sale, exchange, give, transfer or deliver any semiautomatic handgun that has not been verified as a microstamping-enabled handgun.³

Beginning December 3, 2022, whenever a state or local law enforcement agency seizes or recovers a gun that was unlawfully possessed, recovered from the scene of a crime, or is reasonably believed to have been used or associated with the commission of a crime, or is recovered by the agency as an abandoned or discarded gun, the agency shall arrange for every such gun that is determined to be suitable for test-firing and of a type that is eligible for national integrated ballistic information network data entry and correlation to be test-fired as soon as practicable, and the results of that test-firing shall be submitted forthwith to the national integrated ballistic information network to determine whether the gun is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.⁴

Whenever a state or local law enforcement agency recovers any ammunition cartridge case that is of a type that is eligible for national integrated ballistic information network data entry and correlation at a crime scene, or has reason to believe that such recovered ammunition cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a gun, the agency shall, as soon as practicable, arrange for the ballistics information to be submitted to the national integrated ballistic information network.⁵

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1. N.Y. Exec. Law § 837-w.[↩]
2. Id.[↩]
3. N.Y. Penal Law § 265.38.[↩]
4. N.Y. Exec. Law § 230(7).[↩]
5. Id.[↩]