Assembly Bill A8132

2023-2024 Legislative Session

Relates to criminal history background checks for the purchase of three-dimensional printers capable of creating firearms

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A8132 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §398-g, Gen Bus L

2023-A8132 (ACTIVE) - Summary

Requires a criminal history background check for the purchase of a three-dimensional printer capable of creating firearms; prohibits sale to a person who would be disqualified on the basis of criminal history from being granted a license to possess a firearm.

2023-A8132 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8132
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the general business law, in relation to criminal histo-
   ry  background  checks  for the purchase of three-dimensional printers
   capable of creating firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 398-g to read as follows:
   §  398-G.  SALE OF CERTAIN THREE-DIMENSIONAL PRINTERS. 1. ANY RETAILER
 OF A THREE-DIMENSIONAL PRINTER SOLD IN THIS STATE WHICH  IS  CAPABLE  OF
 PRINTING  A  FIREARM,  OR  ANY  COMPONENTS OF A FIREARM, IS REQUIRED AND
 AUTHORIZED TO REQUEST AND RECEIVE CRIMINAL HISTORY INFORMATION  CONCERN-
 ING  SUCH  PURCHASER  FROM  THE DIVISION OF CRIMINAL JUSTICE SERVICES IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE-B  OF
 THE  EXECUTIVE  LAW.  ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE
 GOVERNED BY THE PROVISIONS OF SUCH SECTION.  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  IS  AUTHORIZED  TO SUBMIT FINGERPRINTS TO THE FEDERAL
 BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
   2. WITHIN FIFTEEN BUSINESS DAYS AFTER RECEIVING A REQUEST FOR CRIMINAL
 HISTORY INFORMATION PURSUANT TO THIS SECTION, THE  COMMISSIONER  OF  THE
 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REVIEW SUCH CRIMINAL HISTORY
 INFORMATION  AND  DETERMINE  WHETHER  SUCH  PURCHASER HAS BEEN CONVICTED
 ANYWHERE OF A FELONY OR A SERIOUS OFFENSE OR WHO IS NOT THE  SUBJECT  OF
 AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION OF A
 FELONY  OR  SERIOUS  OFFENSE WHICH WOULD DISQUALIFY SUCH INDIVIDUAL FROM
 BEING LICENSED TO CARRY OR POSSESS A FIREARM UNDER SECTION 400.00 OF THE
 PENAL LAW. SUCH COMMISSIONER SHALL PROMPTLY NOTIFY THE SELLER OF HIS  OR
 HER  DETERMINATION  IN THIS REGARD. NO RETAILER SHALL SELL ANY THREE-DI-
 MENSIONAL PRINTER CAPABLE OF PRINTING A FIREARM UNLESS THE  DIVISION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13330-01-3
 A. 8132                             2
              

Comments

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Jared_Carpentier
1 month ago

I'm at a loss for words here. Has the author ever encountered reality before?

1. Does this not imply that anyone who purchases a 3D printer would be creating firearms? Is that not already illegal in NYS (though it is unconstitutional to prevent the people from building their own arms, but that's a separate matter)?
2. Does the author not understand that you can purchase 3D printer components and build one just as easily?
3. Does the author not understand that 3D printers exist for sale outside the bounds of NYS without an absurd regulatory framework to purchase, that this author proposes?
4. Does the author not understand that schools and business use these tools for other purposes?
5. Does the author not understand that this will be an absolute waste of taxpayer funds to enforce this law and perform background checks?
6. Does the author not understand that 3D printers already exist in large quantities within NYS and they would not automatically cease to exist if this law is enacted?
7. Does the author not understand that continually bringing forth legislation such as this displays the ignorance of those in office and their complete departure from reality? Does the author not understand that this will impede law abiding citizens more than any criminal who, if intent on creating a weapon, will find other means to obtain a 3D printer (out of state, private sale [because lets be real here, it says retailer in the bill], or even purchasing frames from a legal state and bring them in).

This whole authoritarian push by these legislators is absolutely bizarre. Pushing this type of power grabbing legislation is going to create blowback as it's coming up in everyday conversation with people I work with who have historically been liberal. People see these things now and more and more do not trust the government (the author and author's colleagues) because of the obviousness of their power hunger.

david.bershadsky2
1 month ago

This bill shows a fundamental misunderstanding of the technology. Passing a bill like this would restrict access to an important educational tool, raising the barriers involved in getting children into learning about 3d printing. While it is hypothetically possible to print a firearm with any cheap 3d printer, any firearm would be 1 time use as the shot would melt the weapon. At the same time a tool like a lathe or cnc mill which can be acquired for a similar cost could be used to make a reusable firearm just as easily. This would cause disproportionate regulation on an important creative maker and educational tool. Making it very difficult for makers and young students to explore their creative freedoms. This would also heavily impair innovation as it would make it more difficult for people to make rapid prototypes of new product ideas, in particular this would heavily affect university students and would stifle innovation.

dollinger.tech
1 month ago

This bill is not a legitimate use of New York tax payer citizen funds to consider.

In a society that values freedom, it is paramount to tread cautiously when imposing restrictions on the acquisition of general shop tools or technologies.

Laws like this, though well intentioned, erode public trust in the government as it assumes a no-citizen-can-be-trusted model for a problem that is sensationalized and not unique to 3D printer tools.

3D printers are versatile shop tools, similar to lathes and CNCs (have the same/similar chips), and are used for a myriad of legitimate purposes, from prototyping to art, and subjecting every potential user to scrutiny could stifle new business creation, innovation, and creativity.

Anonymous
1 month ago

I appose this bill. Would the same restriction be applied to purchasing a knife, axe, hammer, sledgehammer? All items that can actually kill people. How would it restrict the transfer or private sale of a used 3D printer? Would the filament used also require a background check similar to ammunition? Just another piece of overreaching legislation.

Anonymous
1 month ago

I oppose this bill in the strongest possible terms. Not only does this bill put on display the Senator's crippling ignorance, it also would be a logistical nightmare to implement; and would create a chilling effect in various fields and communities completely unrelated to firearms.

The Senator is likely unaware that 3d printers, CNC machines, and lathes are used often for educational purposes, to teach children or help educate college and post graduate students in various fields. This bill would harm their access to educational materials.

This bill would also harm businesses and their ability to prototype products or reliably produce existing goods in high quantities. This bill could have a significant impact on local businesses.

Public institutions such as local libraries would also be affected. The board of directors may not want to keep these machines around for public use if it would require fingerprinting and registration with law enforcement.

This would create a chilling effect on artists, hobbyists, and creatives who use these tools for personal enjoyment and creative expression.

There are also logistical issues with enforcement. Does every stationary and hobbyist store that sells 3d printers have to perform background checks every time a sale is made? Who validates these checks, and what are the wait times?

Finally, most importantly, slam fire shotguns and zip guns can be made with common appliance tools found in every hardware store in the state. Unless Senator Rajkumar suggests we background check the sale of every screw, pipe, and plank of wood, this bill doesn't even succeed in what it sets out to do.

Either Senator Rajkumar is unbelievably ignorant on this subject or she is very deliberately pretending to "do something" about gun violence, so she can pad her reelection campaign with "pushed sweeping legislation" on the issue. Either way, her competence and seriousness as a Senator is called into question.

Russell_Lovrin
1 month ago

The sponsor of this Bill demonstrates their ignorance of the technology that is used in education for STEM training and by hobbyists and manufacturing industries statewide. I also noticed that this Bill had no exemptions for Educational Facilities or manufacturers.

3D Printers have become so affordable that you can buy one on sale for $99. There are many kits out there to sell parts to build your own 3D printer, and most of the software to operate them using Marlin or Klipper is open source. You can see the ignorance of the Bill author by saying a computer-driven machine or device. This wouldn’t ban anything since the 3D Printer normally isn’t driven by a PC. They are driven by their internal control board that reads a GCODE file that was sliced by a PC or Online and transferred to the machine via USB Key, microSD card, or IP Network/WiFi.

Kyle_Weiss
1 month ago

The fact that one of our representatives wasted our tax dollars even entertaining proposing something this absurd is mind blowing. There's already plenty of comments outlining very well why this would not only be a barrier to access educational technology, but also asinine to enforce, so all I have to add is directed to "representative" Rajkumar: You should resign if this is how you're going to spend your time in office. This does not represent the will of the people, this harms the people, and will continue to waste our money while you push this nonsense.

Anonymous
1 month ago

I oppose and condemn this bill. This is a classic example of treating the symptom and not the cause. In case NY lawmakers are wondering, this bill is exactly the reason why people are moving out in waves.

eagleapex
1 month ago

I approve of the intent here as I hate 3D printed guns. But NY State must also know that the easiest to make and most durable firearms are made of metal with CNC machines. Those machines are absent from this bill, even though a CNC machine of a comparable price to a 3D Printer can turn an "80%" aluminum paperweight into a working lower receiver. Polymer guns are not as viable as aluminum ones, but they can be undetectable, making this an issue that extends beyond NY.

Theresa_Krenzer_1
1 month ago

Yeah, background checks for CNC machines sounds just as ridiculous as this, agreed.

Anonymous
1 month ago

I have sent an email to my Senator expressing my opposition to this bill.

zoltars.galaxy
1 month ago

The premise of this bill is ridiculous. Requiring a background check for a "tool" is short-sighted.
We should prosecute criminals that make illegal weapons, not make tools difficult to obtain.
Less than 1% of 3D printers are used for nefarious purposes.
This law will do little to nothing to prevent criminals from obtaining weapons.
If a criminal is set on obtaining a firearm, they will find much more reliable weapons on the black market.
Why are we looking to restrict and punish law abiding innovators and hobbyists?
I am a liberal and normally vote democratic but if this type of government overreach passes, I will seriously consider changing parties.
This type of legislation is what gets conservatives votes. Please let common sense reign here.

Anonymous
1 month ago

What's next, background checks for hand tools? How about every purchase from a hardware store?

anthonyjm
1 month ago

As someone who has been involved with 3D printing for many years, both personally and professionally, bill 8132 is not feasible way to curb gun violence. I support the need for effective gun laws, but the requirements set forth in this bill would do nothing to protect people and would place an unnessiscary burdon on consumers and retailers. The parts made with 3D printers this bill aims to control can be made in a variety of ways, often with better results than 3D printing. A bad actor in the plumbing isle of a hardware store could do far more, and much faster, then one with a 3D printer.

A large part of the 3D printing community take pride in building their own printers from parts as a learning experience. It would be impossible prevent those who would fail a background check from assembling a 3D printer, or having one assembled for them. Should this bill become law, it would not prevent bad actors from having access to 3D printers.

To put this bill in another light, would you think it reasonable to require a background check to purchase a baseball bat or golf club? They are sometimes used to assault and even kill people. Yes, assailants could use something else to accomplish the same thing. No, products weren't designed to cause harm, but sports equipment is occasionally used to commit crimes. Yes, it's only the tiniest of a percent of those products that are used for violence, but it happens. What about a hammer? What about a kitchen knife? Anything could be used to cause harm in the hands of a bad actor, but 3D printers can do far more good when they are easily accessible.

A useless bill can be mostly harmless, but this one has to the potential to stifle interest and enthusiasm for STEM subjects. I have worked with students from elementary school through college and there is nothing like watching their excitement when something they designed in a computer becomes a physical part. Whether something as simple as a bookmark or key chain or complex as part of a robot, learning is a brought to a new level when it moves from a screen into the real world. There is also the aspect of assembling the printer itself. Be it as simple as 30 minutes of a basic setup or as complex as 8 to 20 hour build from a kit, but they always learn something. The only thing this bill would do is make it less likely young people will be exposed to this technology and much harder to bring it into their homes.

The stipulation "…capable of printing a firearm, or any components of a firearm…" is so broad as to include every 3D printer ever made. The few brick-and-mortar stores that sell 3D printers carry nothing else that would require a background check and 3D printers make up a tiny portion of their business. I doubt retailers would be willing to go through effort and cost of setting up procedures for background checks to sell 3D printers. It seems far more likely that retailers like Best Buy and Microcenter would just stop carrying 3D printers in New York.

Please do not take my word for it, take just a few minutes and educate yourself on this topic. Reach out to a school district or college, or stop by your local library, and ask to speak with someone about their 3D printer initiatives. I am confident they will tell you much the same. If possible, visit a Maker Faire and I guarantee you'll be amazed by how 3D printers are being used by everyday people, both young and old.

Cody_Teague
1 month ago

3D printers are not only essential for fostering creativity, they also play a crucial role in sustainability. These devices empower individuals to repair and repurpose items with ease, reducing waste and contributing to a more eco-friendly future. Additionally, 3D printing opens the door to endless opportunities for innovation and the production of useful items. I personally use my 3D printer to make useful items around my house, as well as making replacement parts for older appliances where parts are no longer available. Increasing the difficulty to access to these tools may stifle these positive contributions to society. It would be more productive to make policy which address guns directly, or address why people would want to have a gun in the first place.

aaron.rhodes406
1 month ago

I also oppose this bill. This is useless posturing by an ignorant politician and a waste of taxpayer dollars.

Anonymous
1 month ago

I oppose this bill. This is an overreach of power by the state. We don't need everything regulated, especially by a bunch of politicians.

juxlambo
1 month ago

I OPPOSE THIS STRONGLY! This is protected under the first amendment. This is clearly a government over step of the highest order. This bill will never pass. Because now we are regulating speech

Theresa_Krenzer_1
1 month ago

A fireaems shop owners that refused to serve cops on principle and were unlawfully retaliated against for it, we have a major issue with NYS requiring 4473s background check paperwork for printer purchases: on 1/27/22, the corrupt NYSP/ATF kidnapped our workers with a Finger Lakes Railway train and robbed our shop and workers' home of everything of value. The cops took all the 4473s to used these documents to harass our customers, robbing a couple of a SAFE-compliant pump shotgun in their home because the husband was an "immigrant" (a naturalized citizen of like 20 years). On 2/14/23 and $100,000+ in damages later for us, and NYSP/ATF were found guilty of 210.35 Sworn False Statement to the Grand Jury in the malicious 116 "assault weapons possession" prosecution against us and all charges were dismissed. Malicious prosecution by NY cops who don't know the law is expensive and stressful. The organized slave catching criminals employed by the NY police state will surely use any such 3d printer 4473 forms to harass, kidnap and rob its lawful citizens on flimsy, unconstitutional grounds and destroy lives for Rajkumar's illusion of safety provided by this wastepaper bin bill.

A state government that kidnaps its own lawful citizens off the road using a freight train on Holocaust Remembrance Day and then robs their lawful clients for being "immigrants" (a NY hate crime based on national origin) shouldn't be making any unconstitutional firearms-related laws at all. You should be abolishing the unconstitutional laws without historical precedent that you've already championed like SAFE and the armor bans instead of scheming for another list of citizens names to victimize in the name of the Prison Industrial Complex. If NY wants your name on a list, NY wants to target you.

Anonymous
1 month ago

THIS BILL INFRINGE OUR COSTITUTIONAL RIGHTS IF WE TAKE THIS TO A SUPREME COURT THIS BILL WILL BE RULE UNCOSTITUTIONAL YOU POLITICS ARE ACTING LIKE COMMUNIST DICTATORS. I DONT SUPPORT THIS BILL THESE POLITICS ARE TRYING TO MAKE A QUICK BUCK TAXING EVERYTHING LIKE A DEMORAT .

Anonymous
2 weeks ago

I strongly oppose this bill. This is tyranny. This infringes on our 1st and 2nd amendment rights. Will you require background checks for pipes, files, screws, bolts, nuts, screwdrivers, hacksaws, cnc machines, lathes, and the like? What about hands? Hands can be used to craft a firearm, might aswell require background checks for those too.

You guys have taken this TOO FAR! Why should everyone else be punished because of evil people? Punish the bad people not the good ones. You're the government, figure it out and stop trying over control us.

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