Bill Text: NY S03565 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits persons, firms or corporations engaged in the retail business of selling firearms from selling, delivering or transferring child operated firearms; defines "child operated firearm" to mean a pistol or revolver manufactured 1 year after the effective date of these provisions which does not contain a childproofing device or mechanism incorporated into the design of such pistol or revolver to effectively preclude an average 5 year old from firing same; makes violations a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-02-08 - REFERRED TO CODES [S03565 Detail]

Download: New_York-2019-S03565-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3565
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 8, 2019
                                       ___________
        Introduced  by Sens. SERRANO, BAILEY, KRUEGER, SANDERS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Codes
        AN ACT to amend the penal law, in relation to the sale of child operated
          firearms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 265.18  to
     2  read as follows:
     3  § 265.18 Sale of child operated firearms; childproofing.
     4    1.  No  person, firm, limited liability company or corporation engaged
     5  in the retail business of selling rifles,  shotguns  or  firearms  shall
     6  sell, deliver or transfer any child operated firearm to another person.
     7    2.  For  purposes  of  this  section, "child operated firearm" means a
     8  pistol or revolver manufactured twelve months or more after  the  effec-
     9  tive  date of this section which does not contain a childproofing device
    10  or mechanism incorporated into the design of such pistol or revolver  to
    11  effectively  preclude  an average five year old child from operating the
    12  pistol or revolver. Such devices or mechanisms shall include, but not be
    13  limited to: the capacity to adjust the trigger resistance to at least  a
    14  ten  pound  pull,  the capacity to alter the firing mechanism so that an
    15  average five year old child's hands are too small to operate the  pistol
    16  or  revolver, or the capacity to require a series of multiple motions in
    17  order to fire the pistol or revolver.
    18    3. The superintendent of the state police shall, in consultation  with
    19  such  gun  manufacturers as such superintendent deems appropriate, adopt
    20  rules and regulations establishing minimum standards  for  childproofing
    21  devices or mechanisms to ensure that such childproofing devices or mech-
    22  anisms are safe and effective.
    23    4. Any person, firm or corporation who violates the provisions of this
    24  section shall be guilty of a class A misdemeanor.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03531-01-9
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