NY State Senate Bill 2017-S9197

Senate Bill S9197

2017-2018 Legislative Session

Relates to requiring social media and search engine reviews prior to the delivery of a rifle or shotgun

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Nov 30, 2018	referred to rules

2017-S9197 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §400.20, Pen L

2017-S9197 (ACTIVE) - Summary

Relates to requiring social media and search engine reviews prior to the delivery of a rifle or shotgun; provides that prior to the delivery of any rifle or shotgun sold by a licensed dealer to any person, the purchaser shall consent to have his or her social media accounts and search engine history reviewed and investigated by the police authority of the locality where such sale is made; provides that after completion of the review, the purchaser shall provide the licensed dealer with proof of his or her approval to purchase such rifle or shotgun.

2017-S9197 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9197

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to requiring social media and
search engine reviews prior to the delivery of a rifle or shotgun

 
PURPOSE OR GENERAL IDEA OF BILL:

Prior to the delivery of any rifle or shotgun sold by a licensed dealer
in NYS, the purchase shall consent to have his or her social media
accounts and search engine history reviewed and investigated by local
police where such sale is made.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Penal law is amended by adding a new section 400.20

Section 2. This act shall take effect on the ninetieth day after it
shall have become law. Effective immediately the addition, amendment

and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

 
JUSTIFICATION:

Three hundred and twenty three mass shootings have occurred in the
United States as of November 28, 2018. The most recent is the "Tree of
Life" synagogue massacre in Pittsburg where once again eleven innocent
people were brutally murdered. Strengthening gun policies has become the
topic of conversation, not only in New York State but for the entire
country. In this and other mass shootings, authorities have noticed a
trend. The shooters not only promoted and encouraged violence against
others, but in some cases posted on their social media about their
planned actions prior to the attacks.

New York is 1 of 6 states with constitutions that do not explicitly
protect the right of the people to keep and bear arms. Although New York
State has some of the strictest gun laws in the country, we can no long-
er provide protection to existing gun owners at the expense of the rest
of society. FBI Statistics show that over a 13-year period, 72 percent
of the mass shootings in the U.S. were committed with legally obtained
firearms. New York State is a "May Issue" policy state and the issuance
of a firearm is at the discretion of the issuing officer. This legis-
lation will give them an added line of defense in deciphering
intentions, if any of individuals purchasing rifles/shotguns.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law

2017-S9197 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9197
 
                             I N  S E N A T E
 
                             November 30, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to requiring social media and
   search engine reviews prior to the delivery of a rifle or shotgun
 
   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 400.20 to
 read as follows:
 § 400.20 SOCIAL MEDIA ACCOUNT AND SEARCH ENGINE HISTORY REVIEW PRIOR  TO
            THE DELIVERY OF A RIFLE OR SHOTGUN.
   1.  PRIOR  TO  THE DELIVERY OF ANY RIFLE OR SHOTGUN SOLD BY A LICENSED
 DEALER TO ANY PERSON, THE PURCHASER SHALL CONSENT TO  HAVE  HIS  OR  HER
 SOCIAL  MEDIA  ACCOUNTS  AND SEARCH ENGINE HISTORY REVIEWED AND INVESTI-
 GATED BY THE POLICE AUTHORITY OF THE LOCALITY WHERE SUCH SALE  IS  MADE.
 AFTER  COMPLETION  OF  THE  REVIEW  PURSUANT  TO SUBDIVISION TWO OF THIS
 SECTION, THE PURCHASER SHALL PROVIDE THE LICENSED DEALER WITH  PROOF  OF
 HIS OR HER APPROVAL TO PURCHASE SUCH RIFLE OR SHOTGUN.
   2.  IN  ORDER  TO ASCERTAIN WHETHER ANY SOCIAL MEDIA ACCOUNT OR SEARCH
 ENGINE HISTORY OF A PURCHASER OF A RIFLE OR SHOTGUN  PRESENTS  ANY  GOOD
 CAUSE  FOR  THE  DENIAL  OF  SUCH  PURCHASE, THE POLICE AUTHORITY OF THE
 LOCALITY WHERE SUCH SALE IS MADE SHALL, AFTER OBTAINING THE  PURCHASER'S
 CONSENT  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, AND OBTAINING ANY
 LOG-IN NAME, PASSWORD OR OTHER MEANS FOR ACCESSING A  PERSONAL  ACCOUNT,
 SERVICE,  OR  ELECTRONIC  COMMUNICATIONS DEVICE NECESSARY TO REVIEW SUCH
 PURCHASER'S SOCIAL MEDIA ACCOUNTS AND SEARCH ENGINE  HISTORY,  REVIEW  A
 PURCHASER'S  SOCIAL  MEDIA  ACCOUNTS  FOR  THE  PREVIOUS THREE YEARS AND
 SEARCH ENGINE HISTORY FOR THE PREVIOUS YEAR  AND  INVESTIGATE  POSTS  OR
 SEARCHES  RELATED TO (I) COMMONLY KNOWN PROFANE SLURS OR BIASED LANGUAGE
 USED TO DESCRIBE THE RACE, COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A
 PERSON;  (II)  THREATENING THE HEALTH OR SAFETY OF ANOTHER PERSON; (III)
 AN ACT OF TERRORISM; OR (IV) ANY OTHER ISSUE  DEEMED  NECESSARY  BY  THE
 POLICE  AUTHORITY.  FOR  THE  PURPOSES  OF  THIS  SECTION, "SOCIAL MEDIA
 ACCOUNTS" SHALL ONLY INCLUDE FACEBOOK, SNAPCHAT, TWITTER AND  INSTAGRAM,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16702-01-8

 S. 9197                             2
 
 AND  "SEARCH  ENGINE"  SHALL  ONLY  INCLUDE GOOGLE, YAHOO AND BING. UPON
 COMPLETION OF THE INVESTIGATION, THE POLICE AUTHORITY SHALL  REPORT  THE
 RESULTS  TO THE PURCHASER WITHOUT UNNECESSARY DELAY AND, IF APPROPRIATE,
 PROVIDE  THE  PURCHASER WITH PROOF OF APPROVAL TO PURCHASE SUCH RIFLE OR
 SHOTGUN.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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