S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9783
 
                           I N  A S S E M B L Y
 
                             February 11, 2020
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to personalized pistols
 
   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 400.25 to
 read as follows:
 § 400.25 PERSONALIZED PISTOLS.
   1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "AUTHORIZED USER" MEANS THE LAWFUL OWNER OF A PERSONALIZED PISTOL
 OR PERSON TO WHOM THE OWNER HAS GIVEN CONSENT TO  USE  THE  PERSONALIZED
 PISTOL.
   (B)  "COMMISSION"  MEANS THE PERSONALIZED PISTOL AUTHORIZATION COMMIS-
 SION ESTABLISHED PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO  OF  THIS
 SECTION.
   (C) "PERSONALIZED PISTOL" MEANS A PISTOL WHICH INCORPORATES WITHIN ITS
 DESIGN  A PERMANENT PROGRAMMABLE FEATURE AS PART OF ITS MANUFACTURE THAT
 CANNOT BE DEACTIVATED AND RENDERS  THE  PERSONALIZED  PISTOL  REASONABLY
 RESISTANT  TO  BEING  FIRED EXCEPT WHEN ACTIVATED BY THE LAWFUL OWNER OR
 OTHER AUTHORIZED USER. NO MAKE OR MODEL OF A PISTOL SHALL BE  DEEMED  TO
 BE  A "PERSONALIZED PISTOL" UNLESS THE PERSONALIZED PISTOL AUTHORIZATION
 COMMISSION HAS PLACED SUCH PISTOL ON THE ROSTER OF AUTHORIZED  PERSONAL-
 IZED  PISTOLS  PURSUANT  TO  THE PROVISIONS OF SUBDIVISION THREE OF THIS
 SECTION.
   2. PERSONALIZED PISTOL AUTHORIZATION COMMISSION. (A) THERE  IS  ESTAB-
 LISHED  A  COMMISSION  WHICH  SHALL  BE KNOWN AS THE PERSONALIZED PISTOL
 AUTHORIZATION COMMISSION. THE COMMISSION SHALL BE RESPONSIBLE FOR ESTAB-
 LISHING PERFORMANCE STANDARDS FOR PERSONALIZED PISTOLS AND MAINTAINING A
 ROSTER OF PERSONALIZED PISTOLS AUTHORIZED FOR SALE TO THE PUBLIC  PURSU-
 ANT TO THIS ACT.
   (B) THE COMMISSION SHALL CONSIST OF SEVEN MEMBERS AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15028-01-0
              

 A. 9783                             2
 
   (I)  THREE  MEMBERS  WHO  SHALL  BE THE ATTORNEY GENERAL OR HIS OR HER
 DESIGNEE, THE SUPERINTENDENT OF STATE POLICE OR HIS OR HER DESIGNEE  AND
 THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE;
   (II) ONE MEMBER TO BE APPOINTED BY THE GOVERNOR WHO IS A MEMBER OF THE
 AMERICAN ACADEMY OF PEDIATRICS;
   (III)  ONE MEMBER TO BE APPOINTED BY THE GOVERNOR WHO SHALL BE A RESI-
 DENT OF THIS STATE WHO IS A GUNSMITH OR DEALER IN FIREARMS AS DEFINED IN
 SECTION 265.00 OF THIS CHAPTER, OR A RESIDENT OF THIS  STATE  WHO  IS  A
 REPRESENTATIVE  OF  A NEW YORK CHAPTER OF AN ORGANIZATION THAT ADVOCATES
 FOR SECOND AMENDMENT RIGHTS;
   (IV) ONE MEMBER TO BE APPOINTED BY THE GOVERNOR WHO SHALL BE A  REPRE-
 SENTATIVE OF AN ORGANIZATION THAT ADVOCATES AGAINST PISTOL VIOLENCE; AND
   (V)  ONE MEMBER TO BE APPOINTED BY THE GOVERNOR WITH SUBSTANTIAL EXPE-
 RIENCE IN RADIO FREQUENCY IDENTIFICATION OR BIOMETRIC READING  TECHNOLO-
 GY.
   (C) ALL APPOINTMENTS TO THE COMMISSION SHALL BE MADE WITHIN SIX MONTHS
 OF THE EFFECTIVE DATE OF THIS SECTION. THE CHAIR OF THE COMMISSION SHALL
 BE  SELECTED  FROM  AMONG  ITS  MEMBERS  BY THE GOVERNOR. MEMBERS OF THE
 COMMISSION SHALL SERVE A TERM OF FOUR  YEARS  FROM  THE  DATE  OF  THEIR
 APPOINTMENT  AND  UNTIL THEIR SUCCESSORS ARE APPOINTED. VACANCIES IN THE
 MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN THE SAME MANNER  AS  THE
 ORIGINAL APPOINTMENTS WERE MADE.
   (D)  MEMBERS  OF  THE COMMISSION SHALL SERVE WITHOUT COMPENSATION, BUT
 SHALL BE REIMBURSED FOR NECESSARY EXPENSES INCURRED IN  THE  PERFORMANCE
 OF  THEIR DUTIES AS MEMBERS OF SUCH COMMISSION, AND WITHIN THE LIMITS OF
 FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE TO THE COMMISSION FOR ITS
 PURPOSE.
   (E) THE COMMISSION SHALL BE ENTITLED TO CALL  TO  ITS  ASSISTANCE  AND
 AVAIL  ITSELF  OF THE SERVICES OF THE EMPLOYEES OF ANY STATE, COUNTY, OR
 MUNICIPAL DEPARTMENT, BOARD, BUREAU, COMMISSION, OR  AGENCY  AS  IT  MAY
 REQUIRE AND AS MAY BE AVAILABLE TO IT FOR ITS PURPOSES.
   (F)  DURING  THE FIRST YEAR FOLLOWING THE ESTABLISHMENT OF THE COMMIS-
 SION, SUCH COMMISSION SHALL MEET  MONTHLY;  THEREAFTER,  THE  COMMISSION
 SHALL  MEET  ONCE EVERY SIX MONTHS OR AT THE CALL OF THE CHAIRMAN OF THE
 COMMISSION OR THE MAJORITY OF ITS MEMBERS.
   3. PERSONALIZED PISTOL PERFORMANCE STANDARDS. (A) THE COMMISSION SHALL
 MAINTAIN A ROSTER OF ALL PERSONALIZED PISTOLS APPROVED BY  SUCH  COMMIS-
 SION AS MEETING THE PERSONALIZED PISTOL PERFORMANCE STANDARDS AND QUALI-
 FYING  CRITERIA  ESTABLISHED  PURSUANT  TO THIS SECTION.   THE ROSTER OF
 APPROVED PERSONALIZED PISTOLS SHALL BE PUBLISHED ON A WEBSITE MAINTAINED
 BY THE DIVISION OF STATE POLICE AND SHALL BE  UPDATED  AS  NECESSARY.  A
 COPY  OF SUCH ROSTER SHALL BE MADE AVAILABLE EVERY SIX MONTHS TO DEALERS
 IN FIREARMS LICENSED PURSUANT TO SECTION 400.00 OF THIS ARTICLE.
   (B) WITHIN ONE  YEAR  OF  ORGANIZING,  THE  COMMISSION  SHALL  DEVELOP
 PERSONALIZED  PISTOL PERFORMANCE STANDARDS AND QUALIFYING CRITERIA WHICH
 A PERSONALIZED PISTOL SHALL MEET IN ORDER TO BE PLACED ON THE  PERSONAL-
 IZED  PISTOL  ROSTER.  THE PERSONALIZED PISTOL PERFORMANCE STANDARDS AND
 QUALIFYING CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) THE PISTOL SHALL BE REASONABLY RESISTANT TO BEING FIRED BY  ANYONE
 OTHER  THAN  SUCH PISTOL'S AUTHORIZED USER AS DEFINED IN SUBDIVISION ONE
 OF THIS SECTION;
   (II) THE PERSONALIZED TECHNOLOGY SHALL BE INCORPORATED INTO THE DESIGN
 OF THE PERSONALIZED PISTOL AND SHALL BE A PERMANENT, IRREMOVABLE PART OF
 SUCH PISTOL AND ANY DEVICE OR OBJECT NECESSARY FOR THE  AUTHORIZED  USER
 TO FIRE SUCH PISTOL;

 A. 9783                             3
 
   (III)  THE  PERSONALIZED  PISTOL  SHALL  NOT  BE MANUFACTURED SO AS TO
 PERMIT THE PERSONALIZED CHARACTERISTICS OF SUCH  PISTOL  TO  BE  READILY
 DEACTIVATED; AND
   (IV)  THE  PERSONALIZED PISTOL SHALL MEET ANY OTHER RELIABILITY STAND-
 ARDS GENERALLY USED IN THE INDUSTRY  FOR  OTHER  COMMERCIALLY  AVAILABLE
 PISTOLS.
   (C)  THE  COMMISSION SHALL RECOMMEND TO THE ATTORNEY GENERAL ANY RULE,
 REGULATION, GUIDELINE OR REVISION THERETO, OR LEGISLATION WHICH IT DEEMS
 NECESSARY TO ESTABLISH  A  PROCESS  BY  WHICH  PISTOL  MANUFACTURES  MAY
 REQUEST  THAT  THEIR PISTOLS BE ADDED TO THE ROSTER ESTABLISHED PURSUANT
 THIS SUBDIVISION.
   4. APPROVAL OF PERSONALIZED PISTOLS. (A) A GUNSMITH  OR  OTHER  ENTITY
 SEEKING  TO  INCLUDE A PISTOL ON THE APPROVED PERSONALIZED PISTOL ROSTER
 ESTABLISHED PURSUANT TO PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION SHALL APPLY TO THE COMMISSION FOR A DETERMINATION OF WHETHER THE
 MAKE  AND MODEL OF SUCH PISTOL PROPOSED BY SUCH APPLICANT WOULD MEET THE
 PERSONALIZED PISTOL PERFORMANCE STANDARDS ESTABLISHED PURSUANT TO  PARA-
 GRAPH (B) OF SUCH SUBDIVISION. THE DETERMINATION OF THE COMMISSION SHALL
 BE BASED UPON TESTING CONDUCTED BY AN INDEPENDENT LABORATORY PROPOSED BY
 THE  APPLICANT  WHICH HAS BEEN ACCREDITED FOR THE TESTING OF FIREARMS BY
 THE NATIONAL VOLUNTARY ACCREDITATION OR OTHER NATIONAL  CERTIFYING  BODY
 APPROVED  BY  THE  COMMISSION  OR,  IF THE APPLICANT DOES NOT PROPOSE AN
 INDEPENDENT LABORATORY OR IF ONE IS NOT APPROVED OR  AVAILABLE,  BY  THE
 DIVISION OF STATE POLICE.
   (B) THE COMMISSION SHALL APPROVE AN INDEPENDENT LABORATORY PROPOSED BY
 AN  APPLICANT  TO PERFORM THE DETERMINATION PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION IF THE COMMISSION FINDS THAT SUCH LABORATORY IS CAPABLE
 OF PERFORMING THE  DETERMINATION  AND  WILL  BE  SUFFICIENTLY  OBJECTIVE
 MAKING  SUCH  DETERMINATION,  PROVIDED  THAT THE LABORATORY SHALL NOT BE
 OWNED OR OPERATED BY A GUNSMITH OR ANY OTHER ORGANIZATION THAT SEEKS  TO
 EITHER  PROMOTE  OR  RESTRICT  PISTOL  OWNERSHIP.  THE  APPLICATION  FOR
 APPROVAL OF AN  INDEPENDENT  LABORATORY  TO  PERFORM  THE  DETERMINATION
 PURSUANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  BE IN A FORM
 PRESCRIBED BY THE ATTORNEY GENERAL, IN CONSULTATION WITH THE COMMISSION,
 AND SHALL PROVIDE INFORMATION REGARDING THE CAPABILITIES AND OBJECTIVITY
 OF SUCH LABORATORY.
   (C) AN INDEPENDENT LABORATORY OR THE DIVISION OF STATE POLICE, AS  THE
 CASE  MAY  BE,  SHALL  TEST  A PISTOL WITHIN A REASONABLE AMOUNT OF TIME
 FOLLOWING THE APPROVAL OF AN APPLICATION MADE PURSUANT TO PARAGRAPH  (A)
 OF THIS SUBDIVISION. SUCH TEST SHALL BE CONDUCTED:
   (I)  IN  ACCORDANCE  WITH  THE  TESTING REQUIREMENTS FORMULATED BY THE
 COMMISSION; AND
   (II) AT THE EXPENSE OF THE GUNSMITH OR OTHER ENTITY SEEKING TO INCLUDE
 THE PISTOL ON THE APPROVED PERSONALIZED PISTOL ROSTER ESTABLISHED PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
   THE INDEPENDENT LABORATORY OR THE DIVISION OF  STATE  POLICE,  AS  THE
 CASE  MAY  BE,  SHALL ISSUE A FINAL TEST REPORT TO THE COMMISSION AT THE
 CONCLUSION OF THE TEST. THE REPORT SHALL STATE WHETHER THE PISTOL  MEETS
 THE  PERFORMANCE  STANDARDS  AND  QUALIFYING CRITERIA ESTABLISHED BY THE
 COMMISSION PURSUANT TO  PARAGRAPH  (B)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION.
   (D)  THE  COMMISSION  SHALL  REVIEW THE FINAL TEST REPORT AND BASED ON
 FINDINGS OF SUCH REPORT SHALL ISSUE A FINAL DECISION BY MAJORITY VOTE AS
 TO WHETHER THE PISTOL SHOULD BE INCLUDED ON THE ROSTER. SUCH FINAL DECI-
 SIONS SHALL BE ISSUED WITHIN FORTY-FIVE DAYS OF RECEIVING THE FINAL TEST
 REPORT.

 A. 9783                             4
 
   (E) UPON MAKING A FINAL DETERMINATION PURSUANT  TO  PARAGRAPH  (D)  OF
 THIS SUBDIVISION THE COMMISSION SHALL NOTIFY THE APPLICANT IN WRITING AS
 TO  WHETHER  THE PISTOL HAS BEEN APPROVED OR DENIED FOR INCLUSION ON THE
 ROSTER. A NOTIFICATION INFORMING THE APPLICANT THAT A FIREARM  HAS  BEEN
 DENIED SHALL BE PROVIDED ALONG WITH A WRITTEN DESCRIPTION OF THE REASONS
 FOR WHICH SUCH PISTOL FAILED TO MEET THE PERFORMANCE STANDARDS AND QUAL-
 IFYING CRITERIA ESTABLISHED BY THE COMMISSION AS DOCUMENTED IN THE FINAL
 TEST  REPORT  ISSUED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. ANY
 ALTERATION TO THE DESIGN OF A MAKE AND MODEL OF  PISTOL  THAT  HAS  BEEN
 APPROVED  FOR  ADDITION ON THE ROSTER SHALL REQUIRE A DETERMINATION THAT
 SUCH PISTOL CONTINUES TO MEET THE PERFORMANCE STANDARDS  AND  QUALIFYING
 CRITERIA  ESTABLISHED  BY THE COMMISSION IN ACCORDANCE WITH THE REQUIRE-
 MENTS OF THIS SECTION IN ORDER TO INCLUDE THE ALTERED  DESIGN  MODEL  OF
 THE PISTOL ON THE ROSTER.
   5.  PERSONALIZED  PISTOL  AVAILABILITY  REQUIREMENTS. (A) WITHIN SIXTY
 DAYS OF THE FIRST PERSONALIZED  PISTOL  BEING  INCLUDED  ON  THE  ROSTER
 ESTABLISHED  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, EACH DEALER
 IN FIREARMS LICENSED PURSUANT TO SECTION 400.00 OF THIS ARTICLE SHALL:
   (I) MAKE AVAILABLE FOR  PURCHASE  AT  LEAST  ONE  PERSONALIZED  PISTOL
 APPROVED  BY  THE  COMMISSION  AND  LISTED ON THE ROSTER AS ELIGIBLE FOR
 SALE.
   (II) POST IN A CONSPICUOUS MANNER IN ONE  OR  MORE  LOCATIONS  IN  THE
 PLACE OR PLACES OF BUSINESS OF SUCH DEALER IN FIREARMS:
   (1) COPIES OF THE PERSONALIZED PISTOL ROSTER; AND
   (2)  A  SIGN,  TO  BE  PROMULGATED  BY THE COMMISSION, THAT INCLUDES A
 STATEMENT DISCLOSING THE FEATURES OF PERSONALIZED PISTOLS THAT  ARE  NOT
 OFFERED  BY TRADITIONAL PISTOLS AND ADVISES CUSTOMERS THAT SUCH FIREARMS
 MAY BE PURCHASED THROUGH THE DEALER IN FIREARMS.
   (III) ACCEPT AND  PROCESS  ORDERS  TO  ENABLE  CUSTOMERS  TO  PURCHASE
 THROUGH  THE  LICENSED  RETAIL  DEALER  ANY  OF THE PERSONALIZED PISTOLS
 INCLUDED ON THE ROSTER.
   (B) A PERSONALIZED PISTOL OFFERED FOR SALE BY  A  DEALER  IN  FIREARMS
 PURSUANT  TO THIS SUBDIVISION SHALL BE DISPLAYED IN A CONSPICUOUS MANNER
 THAT MAKES IT EASILY VISIBLE TO CUSTOMERS AND DISTINGUISHABLE FROM OTHER
 TRADITIONAL PISTOLS. A DEALER IN FIREARMS SHALL POST A COPY OF THE  SIGN
 REQUIRED PURSUANT TO CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
 THIS SUBDIVISION IN CLOSE PROXIMITY TO EACH PERSONALIZED PISTOL.
   (C) IN THE EVENT THAT THE INVENTORY OF PERSONALIZED PISTOLS OF A DEAL-
 ER  IN FIREARMS IS DEPLETED AND THERE ARE NO PERSONALIZED PISTOLS AVAIL-
 ABLE FOR PURCHASE ON THE PREMISES, SUCH DEALER IN FIREARMS SHALL:
   (I) PLACE AN ORDER FOR AT LEAST ONE PERSONALIZED PISTOL  WITHIN  TWEN-
 TY-ONE DAYS OF THE SALE OF THE LAST PERSONALIZED PISTOL IN THE INVENTORY
 OF SUCH DEALER IN FIREARMS;
   (II)  MAINTAIN  WRITTEN  RECORDS  OF  THE  EFFORTS  OF  SUCH DEALER IN
 FIREARMS TO PLACE AN ORDER AND MAINTAIN SUCH RECORDS ON THE PREMISES AND
 ALLOW THEM TO BE OPEN FOR INSPECTION AT ALL TIMES; AND
   (III) POST A SIGN ON THE PREMISES OF SUCH DEALER IN FIREARMS  INDICAT-
 ING  THAT  PERSONALIZED  PISTOLS  ARE ROUTINELY SOLD ON THE PREMISES AND
 WILL SOON BE AVAILABLE FOR PURCHASE.
   (D) A DEALER IN FIREARMS SHALL NOT MAKE ANY CLAIM THAT  A  PISTOL  HAS
 BEEN  APPROVED BY THE COMMISSION AS MEETING THE PERFORMANCE STANDARDS OR
 QUALIFYING CRITERIA FOR A PERSONALIZED PISTOL  IF  SUCH  PISTOL  IS  NOT
 INCLUDED ON THE ROSTER ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION.
   (E)  THE  SUPERINTENDENT  OF  STATE POLICE SHALL DESIGNATE OFFICERS TO
 INSPECT THE PERSONALIZED PISTOL INVENTORY AND RECORDS  OF  ALL  LICENSED

 A. 9783                             5
 
 DEALERS  IN  FIREARMS. SUCH INSPECTIONS SHALL BE CONDUCTED AT LEAST ONCE
 EVERY TWO YEARS AT ANY TIME DURING THE  NORMAL  BUSINESS  HOURS  OF  THE
 DEALER IN FIREARMS.
   6. VIOLATIONS AND PENALTIES. (A) A LICENSED RETAIL DEALER WHO VIOLATES
 ANY  PROVISION  OF  SUBDIVISION FIVE OF THIS SECTION SHALL BE SUBJECT TO
 THE FOLLOWING PENALTIES:
   (I) FOR A FIRST OFFENSE, A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS;
   (II) FOR A SECOND OFFENSE, A FINE NOT TO EXCEED ONE THOUSAND  DOLLARS;
 AND
   (III)  FOR  A THIRD OR SUBSEQUENT OFFENSE, A SIX MONTH LICENSE SUSPEN-
 SION FOLLOWING NOTICE TO THE LICENSED DEALER IN FIREARMS AND OPPORTUNITY
 TO BE HEARD.
   (B) ANY PERSON WHO WITHOUT LICENSE OR PRIVILEGE TO DO SO,  TAMPERS  OR
 ATTEMPTS TO TAMPER WITH A PERSONALIZED PISTOL BY INTENTIONALLY INTERFER-
 ING WITH THE USER-AUTHORIZED FUNCTIONALITY OF THE PERSONALIZED TECHNOLO-
 GY SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.