Bill Text: NY A08333 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "safer weapons, safer homes act"; requires the division of criminal justice services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns; defines personalized handgun; requires the division to establish and maintain a roster of all personalized handguns approved for retail sale to the public; requires the division to report to the legislature on the technological viability of personalized handguns.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed) 2024-06-05 - REFERRED TO RULES [A08333 Detail]

Download: New_York-2023-A08333-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8333

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced  by M. of A. BORES -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law,  in  relation  to  defining  personalized
          handguns; and to amend the executive law, in relation to requiring the
          division  of  criminal  justice  services to certify the technological
          viability of  personalized  handguns  and  to  establish  requirements
          related to the sale of personalized handguns

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "safer
     2  weapons, safer homes act".
     3    §  2.  Section  265.00  of  the penal law is amended by adding two new
     4  subdivisions 36 and 37 to read as follows:
     5    36. "Personalized handgun" means a pistol or revolver  which  incorpo-
     6  rates  within its design a permanent programmable feature as part of its
     7  manufacture that cannot be  deactivated  and  renders  the  personalized
     8  handgun reasonably resistant to being fired except when activated by the
     9  lawful  owner  or  other user authorized by the lawful owner. No make or
    10  model of a pistol or revolver shall be  deemed  to  be  a  "personalized
    11  handgun" unless the division of criminal justice services has determined
    12  the  personalized  handgun  meets  the standards established pursuant to
    13  section eight hundred thirty-seven-y of the executive law.
    14    37. "Authorized user" means the owner of a personalized handgun  or  a
    15  person  to  whom  such  owner  has given consent to use the personalized
    16  handgun.
    17    § 3. The executive law is amended by adding a  new  section  837-y  to
    18  read as follows:
    19    §  837-y.  Personalized handguns; technological viability and require-
    20  ments. 1. As used in this section, the terms "personalized handgun"  and
    21  "authorized  user"  shall  have  the  same meaning as defined in section
    22  265.00 of the penal law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10253-04-3
        A. 8333                             2

     1    2. The division or a designee shall within one hundred eighty days  of
     2  the effective date of this section:
     3    (a)  engage in and complete an investigation to certify the technolog-
     4  ical viability of personalized handguns; and
     5    (b) certify or decline to certify that personalized handguns are tech-
     6  nologically viable.
     7    3. Following a certification  by  the  division  or  a  designee  that
     8  personalized handguns are technologically viable, the division shall:
     9    (a)  within  three  hundred  sixty-five  days from the date of certif-
    10  ication of the viability of such technology by the division or a  desig-
    11  nee  pursuant  to subdivision two of this section, establish performance
    12  standards, qualifying criteria and testing protocols applicable  to  the
    13  examination and verification of personalized handguns.  Such performance
    14  standards shall include, but not be limited to, the following:
    15    (i) the handgun shall be reasonably resistant to being fired by anyone
    16  other than the handgun's authorized user as defined in section 265.00 of
    17  the penal law;
    18    (ii) the personalized technology shall be incorporated into the design
    19  of  the  personalized handgun and shall be a permanent, irremovable part
    20  of the handgun and any device or object  necessary  for  the  authorized
    21  user to fire the handgun;
    22    (iii)  the  personalized  handgun  shall  not be manufactured so as to
    23  permit the personalized characteristics of the  handgun  to  be  readily
    24  deactivated; and
    25    (iv)  the personalized handgun shall meet any other reliability stand-
    26  ards generally used in the industry  for  other  commercially  available
    27  handguns; and
    28    (b)  within  two years from the date of certification of the viability
    29  of such technology by the division or a designee pursuant to subdivision
    30  two of this section, establish and maintain a roster of all personalized
    31  handguns approved for retail sales to the public. Such roster  shall  be
    32  published  on the division's website and shall be updated at least every
    33  six months. A copy of such roster shall be made available to  registered
    34  and licensed firearms dealers in the state at least every six months.
    35    4.  The  division shall report to the legislature on the technological
    36  viability of personalized handguns.  The division shall report any find-
    37  ings to the legislature of any personalized handgun that is  not  viable
    38  and is unable to be certified.
    39    5.  The  division  shall  promulgate  any rule or regulation as may be
    40  necessary to carry out the provisions of this section.
    41    § 4. This act shall take effect immediately.