assembly Bill A3936

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 31, 2011 referred to codes

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A3936 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง265.18, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1326
2013-2014: A3584
2015-2016: A2178
2017-2018: A6346

A3936 (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.

A3936 (ACTIVE) - Bill Text download pdf

                    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
                               ___________

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.