|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Apr 27, 2009||referred to codes|
senate Bill S5228
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5228 (ACTIVE) - Details
S5228 (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.
S5228 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5228 TITLE OF BILL : An act to amend the penal law, in relation to the sale of child operated firearms PURPOSE OR GENERAL IDEA OF 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 SPECIFIC 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 revolvers manufactured twelve or more months after the effective date of the bill. Design features could include the capacity to adjust the trigger resistance of the gun to at least a ten pound pull, the capacity to alter the firing mechanism so- that an average five year old child's hand would be too small to operate the gun, or the capacity to require a series of multiple motions in order to fire the gun. A violation of this provision would be a class A misdemeanor.
S5228 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5228 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SERRANO -- 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: 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. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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