Section 10-601.
§ 10-601. Short Title. This local law shall be known as the "Gun
Offender Registration Act."
Section 10-602.
§ 10-602. Definitions. For purposes of this chapter: a. "Career
education" shall have the meaning given in subdivision twenty-four of
section two of the education law.
b. "Commissioner" shall mean the police commissioner of the city of
New York or his or her designee.
c. "Department" shall mean the police department of the city of New
York.
d. "Gun offender" shall mean any person who is convicted, after the
effective date of this act, of a gun offense as defined in subdivision e
of this section in a court in the city of New York. Convictions that
result from or are connected with the same act, or result from offenses
committed at the same time, shall be counted for the purpose of this
chapter as one conviction. The entry of a plea of guilty, a plea of
guilty where the gun offender does not accept responsibility, a plea of
nolo contendere, or a verdict of guilty, shall constitute a conviction
for purposes of this chapter; provided, however, that any conviction set
aside pursuant to law, including any conviction for a gun offense that
has been reversed upon appeal, is not a conviction for purposes of this
chapter. The term "gun offender" shall not include any person who has
been pardoned for all gun offenses by the governor.
e. "Gun offense" shall mean a conviction of criminal possession of a
weapon in the third degree in violation of subdivision 4, 5, 6, 7, or 8
of section 265.02 of the penal law or criminal possession of a weapon in
the second degree in violation of subdivision 3 of section 265.03 of the
penal law.
f. "Higher education" shall have the meaning given in subdivision
eight of section two of the education law.
g. "Local correctional facility" shall have the meaning given in
paragraph (a) of subdivision sixteen of section two of the correction
law.
h. "Secondary education" shall have the meaning given in subdivision
seven of section two of the education law.
i. "State correctional facility" shall mean a correctional facility as
defined in paragraph (a) of subdivision four of section two of the
correction law.
Section 10-603.
§ 10-603. Duty to register and to verify. a. A gun offender shall
register with the department at the time sentence is imposed on a form
prescribed by the department.
b. Registration as required by this chapter shall consist of a
statement in writing signed by the gun offender giving such information
as may be required under subdivision c of this section.
c. A gun offender shall, to the extent required by the department,
provide the following information to the department:
1. The gun offender's name, all aliases used, date of birth, sex,
race, height, weight, eye color, number of any driver's license or
non-driver photo ID card, home address and/or expected place of
residence.
2. A photograph, updated during the period of registration as
described in subdivision d of this section.
3. A description of the offense for which the gun offender was
convicted, the date of conviction and the sentence imposed.
4. The name and address of any institution of career education, higher
education or secondary education at which the gun offender is or expects
to be enrolled or attending, and whether such offender resides in or
will reside in a facility owned or operated by such institution.
5. The gun offender's expected place of employment, including name and
phone number of supervisor and mailing address of employer.
6. Any other information deemed pertinent by the department.
d. First personal appearance. A gun offender who is required to
register shall personally appear at such office as the commissioner may
direct within forty-eight hours of (i) release, in the event the gun
offender receives a sentence of imprisonment, or (ii) the time sentence
is imposed, if such sentence does not include imprisonment, for the
purpose of personally verifying such information as may be required
under subdivision c of this section with the department. The department
may at such time photograph the gun offender. The commissioner may
require the gun offender to provide such documentation as the
commissioner deems acceptable verifying such information.
e. For a gun offender who is required to register under this chapter
and who is a resident of the City of New York, every six months after
the gun offender's initial registration date during the period in which
he or she is required to register under this chapter the following
applies:
1. Except as specified in paragraph 2 of this subdivision, within
twenty days of each six month anniversary of the gun offender's initial
registration date, the gun offender shall personally appear at such
office as the commissioner may direct for the purpose of verifying such
information as may be required under subdivision c of this section with
the department. The department may at such time photograph the gun
offender. The commissioner may require the gun offender to provide such
documentation as the commissioner deems acceptable verifying such
information.
2. If a gun offender required to register under this chapter who is a
resident of the City of New York is confined to any state or local
correctional facility, hospital or institution throughout the twenty-day
period described in paragraph 1 of this subdivision, such gun offender
shall personally appear as required by paragraph 1 within forty-eight
hours of release. The department may at such time photograph the gun
offender.
f. The department is authorized to maintain in the registry database
information other than that specified in subdivision c of this section.
g. Any gun offender shall, within ten calendar days after establishing
residence in the city of New York or changing residences within the city
of New York, personally appear at such office as the commissioner may
direct and there provide verification information as required by this
chapter. The commissioner may require the gun offender to provide such
documentation as the commissioner deems acceptable verifying the change
in residence.
Section 10-604.
§ 10-604. Duration of registration and verification. A gun offender
shall register and verify for a period of four years from the date of
conviction of a gun offense, if the conviction does not include
imprisonment, or for a period of four years from the date of release
after conviction of a gun offense, in the event the gun offender
receives a sentence of imprisonment.
Section 10-605.
§ 10-605. Sharing of registration information. The department is
authorized to make the registry available to any regional or national
government-operated registry of gun offenders for the purpose of sharing
information. The department may accept files from any regional or
national registry of gun offenders. The department is also authorized to
make the registry available to other City agencies.
Section 10-606.
§ 10-606. Cooperation with other agencies. The department is
authorized to cooperate with state and City agencies and the judiciary
to facilitate implementation of this chapter. Assistance and cooperation
in the implementation of this chapter shall be provided by other City
departments and agencies upon request by the commissioner.
Section 10-607.
§ 10-607. Regulations. The commissioner may make and promulgate such
rules and regulations and establish such forms as are necessary to carry
out the provisions of this chapter.
Section 10-608.
§ 10-608. Penalties. Any violation by a gun offender of this chapter
or of rules and regulations established pursuant to this chapter,
including any failure to register or to verify pursuant in the manner
and within the time periods provided for in this chapter, shall be a
misdemeanor punishable by a fine of not more than one thousand dollars
or imprisonment of not more than one year or both. Failure to receive
any form shall not excuse any violation of this chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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