City of Utica, NY
Oneida County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[L.L. No. 2-2009, 5-21-2009]
This chapter shall be known as the "Gun Offender Registration Act."
[L.L. No. 2-2009, 5-21-2009]
For purposes of this chapter:
CAREER EDUCATION
Have the meaning given in subdivision 24 of section two of the New York Education Law.
COMMISSIONER
The commissioner of public safety of the city, or his or her designee.
DEPARTMENT
The police department of the city.
GUN OFFENDER
Any person who is convicted, after the effective date of this act, of a gun offense as defined in this section in a court in the state.
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 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 reserved 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.
GUN OFFENSE
A conviction of criminal possession of a weapon in the third degree in violation of subdivision 4, 5, 6, 7, and 8 of section 265.02 of the New York Penal Law or criminal possession of a weapon in the second degree in violation of subdivision 3 of section 265.03 of the New York Penal Law.
HIGHER EDUCATION
Have the meaning given in subdivision eight of section two of the New York Education Law.
LOCAL CORRECTIONAL FACILITY
Have the meaning given in paragraph (a) of subdivision 16 of section two of the New York Correction Law.
SECONDARY EDUCATION
Have the meaning given in subdivision seven of section two of the New York Education Law.
STATE CORRECTIONAL FACILITY
A correctional facility as defined in paragraph (a) of subdivision four of section two of the New York Correctional Law.
[L.L. No. 2-2009, 5-21-2009]
(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 by the gun offender giving such information as may be required under subsection (c).
(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 subsection (d).
(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 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 48 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 subsection (c) 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 to verify this information.
(e) 
For a gun offender who is required to register under this chapter and who is a resident of the city 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 subsection (2), within 20 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 subsection (c) 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 to verify such information.
(2) 
If a gun offender required to register under this chapter who is a resident of the city is confined to any state or local correctional facility, hospital or institution throughout the twenty-day period described in subsection (1), such gun offender shall personally appear as required by subsection (1) within 48 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 subsection (c).
(g) 
Any gun offender shall, within 10 calendar days after establishing residence in the city or changing residences within the city, 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 to verify the change in residence.
[L.L. No. 2-2009, 5-21-2009]
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 the conviction of the gun offense, in the event the gun offender receives a sentence of imprisonment.
[L.L. No. 2-2009, 5-21-2009]
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 and governmental agencies.
[L.L. No. 2-2009, 5-21-2009]
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.
[L.L. No. 2-2009, 5-21-2009]
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.
[L.L. No. 2-2009, 5-21-2009]
Any violation by a gun offender of this chapter or rules and regulations established pursuant to this chapter, including any failure to register or to verify pursuant to and 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 $1,000 or imprisonment of not more than one year or both. Failure to receive any form shall not excuse any violation of this chapter.
[L.L. No. 2-2009, 5-21-2009]
If any section, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
[L.L. No. 2-2009, 5-21-2009]
This local law shall take effect 240 days after it shall have been enacted into law, provided that the commissioner may take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to promulgating rules and regulations.