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Assembly Bill A1326

2009-2010 Legislative Session

Proscribes persons, firms or corporations engaged in retail business of selling firearms from selling, delivering or transferring child operated firearms

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A1326 - Details

See Senate Version of this Bill:
S5228
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3936, S1915
2013-2014: A3584, S927
2015-2016: A2178, S1204
2017-2018: A6346, S3444
2019-2020: S3565
2021-2022: S1419
2023-2024: S803
2025-2026: S1358

2009-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.

2009-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

multi-Sponsors

2009-A1326A (ACTIVE) - Details

See Senate Version of this Bill:
S5228
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3936, S1915
2013-2014: A3584, S927
2015-2016: A2178, S1204
2017-2018: A6346, S3444
2019-2020: S3565
2021-2022: S1419
2023-2024: S803
2025-2026: S1358

2009-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.

2009-A1326A (ACTIVE) - Sponsor Memo

2009-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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