senate Bill S1915

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 Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 14, 2011 referred to codes

S1915 - Details

Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S5228

S1915 - Summary

Prohibits 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.

S1915 - Sponsor Memo

S1915 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1915

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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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