Assembly Bill A10916

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10916
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   "handgun trigger safety act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "handgun trigger safety act".
   § 2. The general business law is amended by adding a new article 42 to
 read as follows:
                                ARTICLE 42
                           PERSONALIZED HANDGUNS
 SECTION 1100. DEFINITIONS.
         1101. DEVELOPMENT OF PERSONALIZED HANDGUN TECHNOLOGY.
         1102. MANUFACTURING OF PERSONALIZED HANDGUNS.
         1103. DIVISION OF CRIMINAL JUSTICE SERVICES OVERSIGHT.
   § 1100. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1. "PERSONALIZED HANDGUN" SHALL MEAN A HANDGUN THAT:
   (A)  ENABLES  ONLY AN AUTHORIZED USER OF THE HANDGUN TO FIRE THE HAND-
 GUN; AND
   (B) IS MANUFACTURED IN SUCH  A  MANNER  THAT  THE  FIRING  RESTRICTION
 DESCRIBED  IN PARAGRAPH (A) OF THIS SUBDIVISION IS INCORPORATED INTO THE
 DESIGN OF THE HANDGUN; IS NOT SOLD AS AN ACCESSORY; AND CANNOT BE READI-
 LY REMOVED OR DEACTIVATED;
   2. "QUALIFIED ENTITY" SHALL MEAN:
   (A) A STATE OR UNIT OF LOCAL GOVERNMENT;
   (B) A NONPROFIT OR FOR-PROFIT ORGANIZATION; OR
   (C) AN INSTITUTION OF HIGHER EDUCATION; AND
   3. "RETROFITTED PERSONALIZED HANDGUN" MEANS A HANDGUN  FITTED  WITH  A
 DEVICE THAT:
   (A)  ENABLES  ONLY AN AUTHORIZED USER OF THE HANDGUN TO FIRE THE HAND-
 GUN; AND
   (B) CANNOT BE READILY REMOVED OR DEACTIVATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16050-01-8

 A. 10916                            2
 
   § 1101. DEVELOPMENT OF PERSONALIZED HANDGUN TECHNOLOGY. THE  SECRETARY
 OF  STATE  SHALL ADMINISTER A GRANT PROGRAM, WITH FUNDING TO BE PROVIDED
 BY THE LEGISLATURE, TO PROVIDE GRANTS  TO  QUALIFIED  ENTITIES  FOR  THE
 DEVELOPMENT AND IMPROVEMENT OF PERSONALIZED HANDGUN TECHNOLOGY.
   §  1102.  MANUFACTURING  OF PERSONALIZED HANDGUNS. 1.  NOTWITHSTANDING
 ANY OTHER PROVISION OF THIS SECTION, ALL HANDGUNS MANUFACTURED FOR  SALE
 IN  THE  STATE  OF NEW YORK, WHETHER FOR LAW ENFORCEMENT OR PRIVATE USE,
 SHALL BE EQUIPPED WITH PERSONALIZED HANDGUN TECHNOLOGY WITHIN FIVE YEARS
 OF THE EFFECTIVE DATE OF THIS ARTICLE.
   2. ALL HANDGUNS TO BE SOLD IN THE STATE OF NEW  YORK  SHALL  MEET  THE
 REQUIREMENTS OF A RETROFITTED PERSONALIZED HANDGUN OR PERSONALIZED HAND-
 GUN AS DEFINED IN THIS ARTICLE WITHIN TEN YEARS OF THE EFFECTIVE DATE OF
 THIS ARTICLE.
   3.  A  FUND  SHALL  BE ESTABLISHED BY THE SECRETARY OF STATE TO ASSIST
 WITH THE EXPENSES OF RETROFITTING HANDGUNS PURSUANT TO  SUBDIVISION  TWO
 OF THIS SECTION.
   §  1103. DIVISION OF CRIMINAL JUSTICE SERVICES OVERSIGHT. 1. THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES SHALL  MONITOR  THE  PROGRESS  OF  THE
 DEVELOPMENT  AND  IMPROVEMENT  OF  PERSONALIZED  HANDGUN  TECHNOLOGY  AS
 PROVIDED IN SECTION ELEVEN HUNDRED ONE OF THIS ARTICLE AND  ENFORCE  THE
 PROVISIONS OF THIS ARTICLE.
   2.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL RECOMMEND MANUFAC-
 TURING STANDARDS FOR THE SALE OF PERSONALIZED  HANDGUNS  AND  INCENTIVES
 FOR THE FURTHER DEVELOPMENT OF SUCH TECHNOLOGY. THE DIVISION OF CRIMINAL
 JUSTICE  SERVICES  SHALL MAKE SUCH RECOMMENDATIONS TO THE STATE LEGISLA-
 TURE ON A YEARLY BASIS.
   § 3. This act shall take effect immediately.