S T A T E O F N E W Y O R K
________________________________________________________________________
3936
2011-2012 Regular Sessions
I N A S S E M B L Y
January 31, 2011
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Introduced by M. of A. ENGLEBRIGHT -- 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.
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.
LBD00233-02-1