assembly Bill A3584

2013-2014 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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 28, 2013 referred to codes

Co-Sponsors

Multi-Sponsors

A3584 (ACTIVE) - Details

See Senate Version of this Bill:
S927
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง265.18, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1326, S5228
2011-2012: A3936, S1915
2015-2016: A2178, S1204
2017-2018: A6346, S3444
2019-2020: S3565

A3584 (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.

A3584 (ACTIVE) - Bill Text download pdf

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

                                  3584

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, LENTOL, ORTIZ, KAVANAGH, SCHIMEL --
  Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, GALEF,  MILLMAN  --
  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.
  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

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