| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Feb 22, 2010 | amended on third reading 1326a |
| Jan 06, 2010 | ordered to third reading cal.118 returned to assembly died in senate |
| Apr 28, 2009 | referred to codes delivered to senate passed assembly |
| Apr 09, 2009 | advanced to third reading cal.306 |
| Apr 06, 2009 | reported |
| Jan 07, 2009 | referred to codes |
assembly Bill A1326A
2009-2010 Legislative Session
Sponsored By
ENGLEBRIGHT
Archive: Last Bill Status - On Floor Calendar
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Bill Amendments
Co-Sponsors
Joseph Lentol
Felix Ortiz
David Koon
Adriano Espaillat
Multi-Sponsors
William Colton
Steven Cymbrowitz
Sandy Galef
Susan John
A1326 - Details
A1326 - Summary
Proscribes 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.
A1326 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1326
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, LENTOL, ORTIZ, KOON, ESPAILLAT,
KAVANAGH, SCHIMEL -- Multi-Sponsored by -- M. of A. COLTON, CYMBROW-
ITZ, GALEF, JOHN, MAYERSOHN, MILLMAN, PHEFFER, TOWNS -- read once and
referred 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:
Section 1. The penal law is amended by adding a new section 265.18 to
read as follows:
S 265.18 SALE OF CHILD OPERATED FIREARMS; CHILDPROOFING.
1. NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION ENGAGED
IN THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS OR FIREARMS SHALL
SELL, DELIVER OR TRANSFER ANY CHILD OPERATED FIREARM TO ANOTHER PERSON.
2. FOR PURPOSES OF THIS SECTION, "CHILD OPERATED FIREARM" MEANS A
PISTOL OR REVOLVER MANUFACTURED TWELVE MONTHS OR MORE AFTER THE EFFEC-
TIVE DATE OF THIS SECTION WHICH DOES NOT CONTAIN A CHILDPROOFING DEVICE
OR MECHANISM INCORPORATED INTO THE DESIGN OF SUCH PISTOL OR REVOLVER TO
EFFECTIVELY PRECLUDE AN AVERAGE FIVE YEAR OLD CHILD FROM OPERATING THE
PISTOL OR REVOLVER. SUCH DEVICES OR MECHANISMS SHALL INCLUDE, BUT NOT BE
LIMITED TO: THE CAPACITY TO ADJUST THE TRIGGER RESISTANCE TO AT LEAST A
TEN POUND PULL, THE CAPACITY TO ALTER THE FIRING MECHANISM SO THAT AN
AVERAGE FIVE YEAR OLD CHILD'S HANDS ARE TOO SMALL TO OPERATE THE PISTOL
OR REVOLVER, OR THE CAPACITY TO REQUIRE A SERIES OF MULTIPLE MOTIONS IN
ORDER TO FIRE THE PISTOL OR REVOLVER.
3. THE SUPERINTENDENT OF THE STATE POLICE SHALL, IN CONSULTATION WITH
SUCH GUN MANUFACTURERS AS SUCH SUPERINTENDENT DEEMS APPROPRIATE, ADOPT
RULES AND REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR CHILDPROOFING
DEVICES OR MECHANISMS TO ENSURE THAT SUCH CHILDPROOFING DEVICES OR MECH-
ANISMS ARE SAFE AND EFFECTIVE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
Co-Sponsors
Joseph Lentol
Felix Ortiz
Adriano Espaillat
Brian Kavanagh
Multi-Sponsors
William Colton
Steven Cymbrowitz
Sandy Galef
Susan John
A1326A (ACTIVE) - Details
A1326A (ACTIVE) - Summary
Proscribes 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.
A1326A (ACTIVE) - Sponsor Memo
BILL NUMBER:A1326A TITLE OF BILL: An act to amend the penal law, in relation to the sale of child operated firearms PURPOSE OR GENERAL IDEA OF THE BILL: This bill would prohibit the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun. SUMMARY OF PROVISIONS: This bill would prohibit the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun. The prohibition would apply to pistols or revol- vers manufactured twelve or more months after the effective date of the bill. A violation of this provision would be a class A misdemeanor. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently there is no requirement that pistol or revolvers contain child proofing design features for such guns. JUSTIFICATION: According to the Archives of Pediatrics and Adolescent Medicine, 85% of 3- to 4- year olds are strong enough to pull the trig- ger of a gun - a recipe for disaster. But such tragedies involving young children can be prevented; the technology to do so is readily available. In an historic agreement recently reached between Smith & Wesson and the
A1326A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1326--A
Cal. No. 118
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, LENTOL, ORTIZ, KOON, ESPAILLAT,
KAVANAGH, SCHIMEL -- Multi-Sponsored by -- M. of A. COLTON, CYMBROW-
ITZ, GALEF, JOHN, MAYERSOHN, MILLMAN, PHEFFER, TOWNS -- read once and
referred to the Committee on Codes -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
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:
Section 1. The penal law is amended by adding a new section 265.18 to
read as follows:
S 265.18 SALE OF CHILD OPERATED FIREARMS; CHILDPROOFING.
1. NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION ENGAGED
IN THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS OR FIREARMS SHALL
SELL, DELIVER OR TRANSFER ANY CHILD OPERATED FIREARM TO ANOTHER PERSON.
2. FOR PURPOSES OF THIS SECTION, "CHILD OPERATED FIREARM" MEANS A
PISTOL OR REVOLVER MANUFACTURED TWELVE MONTHS OR MORE AFTER THE EFFEC-
TIVE DATE OF THIS SECTION WHICH DOES NOT CONTAIN A CHILDPROOFING DEVICE
OR MECHANISM INCORPORATED INTO THE DESIGN OF SUCH PISTOL OR REVOLVER TO
EFFECTIVELY PRECLUDE AN AVERAGE FIVE YEAR OLD CHILD FROM OPERATING THE
PISTOL OR REVOLVER.
3. THE SUPERINTENDENT OF THE STATE POLICE SHALL, IN CONSULTATION WITH
SUCH GUN MANUFACTURERS AS SUCH SUPERINTENDENT DEEMS APPROPRIATE, ADOPT
RULES AND REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR CHILDPROOFING
DEVICES OR MECHANISMS TO ENSURE THAT SUCH CHILDPROOFING DEVICES OR MECH-
ANISMS ARE SAFE AND EFFECTIVE.
4. ANY PERSON, FIRM OR CORPORATION WHO VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
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