[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
[Adopted 6-22-2010 by L.L. No. 39-2010 (Ch. 293, Art. I, of the 1985 Code)]
This Legislature hereby finds and determines that Suffolk County is experiencing an increase in violent crimes involving the use of guns.
This Legislature further finds and determines that one way to combat violent crime is to target the proliferation of illegal guns in our community.
This Legislature finds that, while many gun offenses are not violent crimes, individuals convicted of violent crimes frequently have prior gun offenses on their record.
This Legislature determines that, in an effort to stem the flow of guns into their communities, New York City and Baltimore, Maryland, established gun offender registries, a database for law enforcement officials containing information about persons convicted of gun offenses in those cities.
This Legislature also finds that since the establishment of gun offender registries, New York City and Baltimore have seen a decline in the number of fatal and nonfatal shootings. Additionally, New York City has documented a decrease in the number of illegal guns on the city's streets.
This Legislature further finds that Suffolk County should establish a gun offender registry to help curtail the proliferation of illegal guns and gun-related crimes in the County.
Therefore, the purpose of this article is to establish a Suffolk County Gun Offender Registry to be used by law enforcement officials.
As used in this article, the following terms shall have the meanings indicated:
- CAREER EDUCATION
- Organized educational programs offering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree, and shall include vocational and occupational education.
- CONVICTED OF
- An adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendere.
- The Suffolk County Police Department.
- GUN OFFENDER
- Any person who is convicted of a gun offense as defined in this article. This shall not include any person whose conviction for a gun offense has been reversed upon appeal or who has been pardoned for all gun offenses by the Governor.
- GUN OFFENSE
- The unlawful possession or use of a firearm in the commission of one of the following enumerated crimes: criminal possession of a weapon in the third degree, as defined in Subdivisions (4), (5), (6), (7) and (8) of New York State Penal Law § 265.02, and criminal possession of a weapon in the second degree, as defined in Subdivision (3) of New York State Penal Law § 265.03.
- HIGHER EDUCATION
- Education in advance of secondary education, and includes the work of colleges, universities, professional and technical schools, and educational work connected with libraries, museums, university and educational extension courses and similar agencies.
- SECONDARY EDUCATION
- Instruction of academic grade, between the elementary grades and the college or university.
A registry is hereby created which shall contain the names, residence and identifying information of individuals living in Suffolk County who are convicted of a gun offense. All further administration of this article shall be the responsibility of the Department.
Any person convicted of a gun offense in Suffolk County must register with the Gun Offender Registry administered by the Department.
When registering, a gun offender shall personally report to the Department and provide the following information, with verifying documentation:
The gun offender's name;
Any aliases he or she is known under;
The gun offender's residential address;
The gun offender's date of birth;
A physical description of the gun offender;
A photograph, to be taken by the Department and updated during the period of registration;
A description of the offense for which the gun offender was convicted, the date of conviction and the sentence imposed;
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 is attending, and whether such offender resides in or will reside in a facility owned or operated by such institution;
The gun offender's expected place of employment, including the name and phone number of a supervisor and mailing address of the employer; and
Any other information required pursuant to the rules and regulations adopted by the Commissioner of the Suffolk County Police Department.
For a gun offender who resides in the County of Suffolk and is subject to the registration requirements of this article, the following shall apply:
The gun offender shall report to the Department annually within 20 days of the anniversary of the gun offender's initial registration and verify the information required under Subsection B of this section with the registry. A new photograph and verifying documentation may be required by the Department.
If a gun offender required to register under this article is confined to any correctional facility, hospital or institution throughout the twenty-day period established in Subsection D(1), such gun offender shall report to the Department and verify the information as required under Subsection B of this section within 48 hours of his or her release from confinement.
Any gun offender required to register under this article must provide notice to the Department within 10 calendar days of establishing a new residence within the County of Suffolk. Verifying documentation of the residence change must be submitted with the gun offender's notification.
A gun offender shall register and verify his or her personal information for a period of four years from the date of initial registration.
A gun offender who violates this article, including failure to register or verify information as required, shall be guilty of an unclassified misdemeanor punishable by a fine of up to $1,000 and/or up to one year's imprisonment.
Each person required to register with the Gun Offender Registry must pay an annual fee of $25. These funds will be used to pay the administrative costs of maintaining the registry.
The Commissioner of the Suffolk County Police Department may make the information collected under this article available to any federal, state or local law enforcement agency.
The Commissioner of the Suffolk County Police Department is hereby authorized and empowered to promulgate such rules and regulations as deemed necessary to implement this article.
This article shall apply to all individuals convicted of a gun offense on or after the effective date of this article.
This article shall take effect on the 180th day immediately subsequent to filing in the office of the Secretary of State.