Assembly Bill A8333

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8333
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law,  in  relation  to  defining  personalized
   handguns; and to amend the executive law, in relation to requiring the
   division  of  criminal  justice  services to certify the technological
   viability of  personalized  handguns  and  to  establish  requirements
   related to the sale of personalized handguns
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "safer
 weapons, safer homes act".
   §  2.  Section  265.00  of  the penal law is amended by adding two new
 subdivisions 36 and 37 to read as follows:
   36. "PERSONALIZED HANDGUN" MEANS A PISTOL OR REVOLVER  WHICH  INCORPO-
 RATES  WITHIN ITS DESIGN A PERMANENT PROGRAMMABLE FEATURE AS PART OF ITS
 MANUFACTURE THAT CANNOT BE  DEACTIVATED  AND  RENDERS  THE  PERSONALIZED
 HANDGUN REASONABLY RESISTANT TO BEING FIRED EXCEPT WHEN ACTIVATED BY THE
 LAWFUL  OWNER  OR  OTHER USER AUTHORIZED BY THE LAWFUL OWNER. NO MAKE OR
 MODEL OF A PISTOL OR REVOLVER SHALL BE  DEEMED  TO  BE  A  "PERSONALIZED
 HANDGUN" UNLESS THE DIVISION OF CRIMINAL JUSTICE SERVICES HAS DETERMINED
 THE  PERSONALIZED  HANDGUN  MEETS  THE STANDARDS ESTABLISHED PURSUANT TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-Y OF THE EXECUTIVE LAW.
   37. "AUTHORIZED USER" MEANS THE OWNER OF A PERSONALIZED HANDGUN  OR  A
 PERSON  TO  WHOM  SUCH  OWNER  HAS GIVEN CONSENT TO USE THE PERSONALIZED
 HANDGUN.
   § 3. The executive law is amended by adding a  new  section  837-y  to
 read as follows:
   §  837-Y.  PERSONALIZED HANDGUNS; TECHNOLOGICAL VIABILITY AND REQUIRE-
 MENTS. 1. AS USED IN THIS SECTION, THE TERMS "PERSONALIZED HANDGUN"  AND
 "AUTHORIZED  USER"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN SECTION
 265.00 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10253-04-3
              

 A. 8333                             2
 
   2. THE DIVISION OR A DESIGNEE SHALL WITHIN ONE HUNDRED EIGHTY DAYS  OF
 THE EFFECTIVE DATE OF THIS SECTION:
   (A)  ENGAGE IN AND COMPLETE AN INVESTIGATION TO CERTIFY THE TECHNOLOG-
 ICAL VIABILITY OF PERSONALIZED HANDGUNS; AND
   (B) CERTIFY OR DECLINE TO CERTIFY THAT PERSONALIZED HANDGUNS ARE TECH-
 NOLOGICALLY VIABLE.
   3. FOLLOWING A CERTIFICATION  BY  THE  DIVISION  OR  A  DESIGNEE  THAT
 PERSONALIZED HANDGUNS ARE TECHNOLOGICALLY VIABLE, THE DIVISION SHALL:
   (A)  WITHIN  THREE  HUNDRED  SIXTY-FIVE  DAYS FROM THE DATE OF CERTIF-
 ICATION OF THE VIABILITY OF SUCH TECHNOLOGY BY THE DIVISION OR A  DESIG-
 NEE  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION, ESTABLISH PERFORMANCE
 STANDARDS, QUALIFYING CRITERIA AND TESTING PROTOCOLS APPLICABLE  TO  THE
 EXAMINATION AND VERIFICATION OF PERSONALIZED HANDGUNS.  SUCH PERFORMANCE
 STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) THE HANDGUN SHALL BE REASONABLY RESISTANT TO BEING FIRED BY ANYONE
 OTHER THAN THE HANDGUN'S AUTHORIZED USER AS DEFINED IN SECTION 265.00 OF
 THE PENAL LAW;
   (II) THE PERSONALIZED TECHNOLOGY SHALL BE INCORPORATED INTO THE DESIGN
 OF  THE  PERSONALIZED HANDGUN AND SHALL BE A PERMANENT, IRREMOVABLE PART
 OF THE HANDGUN AND ANY DEVICE OR OBJECT  NECESSARY  FOR  THE  AUTHORIZED
 USER TO FIRE THE HANDGUN;
   (III)  THE  PERSONALIZED  HANDGUN  SHALL  NOT BE MANUFACTURED SO AS TO
 PERMIT THE PERSONALIZED CHARACTERISTICS OF THE  HANDGUN  TO  BE  READILY
 DEACTIVATED; AND
   (IV)  THE PERSONALIZED HANDGUN SHALL MEET ANY OTHER RELIABILITY STAND-
 ARDS GENERALLY USED IN THE INDUSTRY  FOR  OTHER  COMMERCIALLY  AVAILABLE
 HANDGUNS; AND
   (B)  WITHIN  TWO YEARS FROM THE DATE OF CERTIFICATION OF THE VIABILITY
 OF SUCH TECHNOLOGY BY THE DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION, ESTABLISH AND MAINTAIN A ROSTER OF ALL PERSONALIZED
 HANDGUNS APPROVED FOR RETAIL SALES TO THE PUBLIC. SUCH ROSTER  SHALL  BE
 PUBLISHED  ON THE DIVISION'S WEBSITE AND SHALL BE UPDATED AT LEAST EVERY
 SIX MONTHS. A COPY OF SUCH ROSTER SHALL BE MADE AVAILABLE TO  REGISTERED
 AND LICENSED FIREARMS DEALERS IN THE STATE AT LEAST EVERY SIX MONTHS.
   4.  THE  DIVISION SHALL REPORT TO THE LEGISLATURE ON THE TECHNOLOGICAL
 VIABILITY OF PERSONALIZED HANDGUNS.  THE DIVISION SHALL REPORT ANY FIND-
 INGS TO THE LEGISLATURE OF ANY PERSONALIZED HANDGUN THAT IS  NOT  VIABLE
 AND IS UNABLE TO BE CERTIFIED.
   5.  THE  DIVISION  SHALL  PROMULGATE  ANY RULE OR REGULATION AS MAY BE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.