Bill Text: NY S07802 | 2023-2024 | General Assembly | Amended

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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 1-0)

Status: (Introduced) 2024-05-28 - PRINT NUMBER 7802A [S07802 Detail]

Download: New_York-2023-S07802-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7802--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 11, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee and committed to the  Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN  ACT to amend the executive law, in relation to defining personalized
          handguns and 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 835 of the executive law is amended  by  adding  two  new
     4  subdivisions 12 and 13 to read as follows:
     5    12.  "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 this article.
    14    13.  "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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10253-06-4
        S. 7802--A                          2

     1    § 837-y. Personalized handguns; technological viability  and  require-
     2  ments.  1. As used in this section, the terms "personalized handgun" and
     3  "authorized user" shall have the same meanings as  defined  in  subdivi-
     4  sions  twelve and thirteen, respectively, of section eight hundred thir-
     5  ty-five of this article.
     6    2.  The division or a designee shall within one hundred eighty days of
     7  the effective date of this section:
     8    (a) engage in and complete an investigation to certify the  technolog-
     9  ical viability of personalized handguns; and
    10    (b) certify or decline to certify that personalized handguns are tech-
    11  nologically viable.
    12    3.  Following  a  certification  by  the  division  or a designee that
    13  personalized handguns are technologically viable, the division shall:
    14    (a) within three hundred sixty-five days  from  the  date  of  certif-
    15  ication  of the viability of such technology by the division or a desig-
    16  nee pursuant to subdivision two of this section,  establish  performance
    17  standards,  qualifying  criteria and testing protocols applicable to the
    18  examination and verification of personalized handguns.
    19    (b) within two years from the date of certification of  the  viability
    20  of such technology by the division or a designee pursuant to subdivision
    21  two of this section, establish and maintain a roster of all personalized
    22  handguns  approved  for retail sales to the public. Such roster shall be
    23  published on the division's website and shall be updated at least  every
    24  six  months. A copy of such roster shall be made available to registered
    25  and licensed firearms dealers in the state at least every six months.
    26    4. The division shall report to the legislature on  the  technological
    27  viability of personalized handguns.  The division shall report any find-
    28  ings  to  the legislature of any personalized handgun that is not viable
    29  and is unable to be certified.
    30    5. The division shall promulgate any rule  or  regulation  as  may  be
    31  necessary to carry out the provisions of this section.
    32    § 4. This act shall take effect immediately.