NY State Senate Bill 2017-S3444

Senate Bill S3444

2017-2018 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

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 23, 2017	referred to codes

co-Sponsors

2017-S3444 (ACTIVE) - Details

See Assembly Version of this Bill:: A6346
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5228, A1326
2011-2012: S1915, A3936
2013-2014: S927, A3584
2015-2016: S1204, A2178
2019-2020: S3565
2021-2022: S1419
2023-2024: S803

2017-S3444 (ACTIVE) - 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.

2017-S3444 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3444

 TITLE OF BILL :

An act to amend the penal law, in relation to the sale of child
operated firearms

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would prohibit the sale of pistols or revolvers by any
person, firm or corporation in the retail business of selling guns
which does not contain child proofing features built into the design
of the gun.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would prohibit the sale of pistols or revolvers by any
person, firm or corporation in the retail business of selling guns
which does not contain child proofing features built into the design
of the gun. The prohibition would apply to pistols or revolvers
manufactured twelve or more months after the effective date of the
bill. Design features could include the capacity to adjust the trigger
resistance of the gun to at least a ten pound pull, the capacity to
alter the firing mechanism so- that an average five year old child's
hand would be too small to operate the gun, or the capacity to require
a series of multiple motions in order to fire the gun. A violation of

this provision would be a class A misdemeanor.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

There is no requirement that pistol or revolvers contain child
proofing design features for such guns.

 JUSTIFICATION :

According to the Archives of Pediatrics and Adolescent Medicine, 85%
of 3 to 4 year olds are strong enough to pull the trigger of a gun - a
recipe for disaster. But such tragedies involving young children can
be prevented; the technology to do so is readily available. In a
historic agreement recently reached between Smith & Wesson and the
Departments of the Treasury and Housing and Urban Development, Local
Governments and States, Smith & Wesson agreed that, within a 12 month
period, all of its handguns will be designed so that they cannot be
readily operated by a child under 6. This bill will have the effect of
ensuring that all handguns sold at retail in New York will meet the
standards agreed to by Smith & Wesson.

 PRIOR LEGISLATIVE HISTORY :

2009-2010: Senate and Assembly - Referred to Codes
2011-2012: S.1915- Referred to Codes
2013-2014: S.927- Referred to Codes
2015-2016: S.1204 - Referred to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
First of November next succeeding the date on which become a law.

2017-S3444 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3444
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sens. SERRANO, BAILEY, KRUEGER, SANDERS, SQUADRON -- 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:
 § 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.
   § 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.
                                                            LBD03251-01-7

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Senate Bill S3444

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Sponsored By

Jose M. Serrano