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SECTION 837-AA

Firearm prevention technology requirements for three-dimensional printers

Executive (EXC) CHAPTER 18, ARTICLE 35

§ 837-aa. Firearm prevention technology requirements for
three-dimensional printers. 1. As used in this section, the following
terms shall have the following meanings:

(a) "Three-dimensional printer" means:

(i) any machine capable of rendering a three-dimensional object from a
digital design file using additive manufacturing; or

(ii) any machine capable of making three-dimensional modifications to
an object from a digital design file using subtractive manufacturing.

(b) "Blocking technology" means hardware, software, firmware, or other
integrated technological measures capable of ensuring a
three-dimensional printer will not proceed to print any print job unless
the underlying three-dimensional printing file has been evaluated by a
firearms blueprint detection algorithm and determined not to be a
printing file that would produce a firearm or illegal firearm parts.

(c) "Firearms blueprint detection algorithm" means a software service
that evaluates three-dimensional printing files, whether in the form of
stereolithography (STL) files or other computer aided design files or
geometric code, to determine if they can be used to program a
three-dimensional printer to produce a firearm or illegal firearm parts,
and flag any such files to prevent their use to manufacture said firearm
or illegal firearm parts.

(d) "Illegal firearm parts" means an unfinished frame or receiver, a
major component of a firearm, or any part designed and intended for use
in converting a semi-automatic weapon into a machine gun, including, but
not limited to, a pistol converter.

(e) All other terms shall have the same meaning given to such terms in
section 265.00 of the penal law.

2. Within ninety days of the effective date of this section, the
division, the department of state, and the state university of New York
shall convene a working group which shall include experts in additive
manufacturing technology, artificial intelligence and digital security,
firearms regulation, public safety, consumer product safety, and any
other relevant disciplines determined by the division to be necessary to
perform the functions prescribed herein. No later than one year after
the working group convenes, the working group shall make recommendations
regarding the minimum safety standards a three-dimensional printer's
blocking technology must meet in order to comply with the requirements
of section three hundred ninety-six-eeee of the general business law.
Such recommendations shall address, at a minimum, available and
appropriate types of blocking technology, including minimum performance
standards for those technologies and for firearms blueprint detection
algorithms, necessary safeguards to reduce the risk of circumvention of
blocking technology, and alignment with existing state and federal law.
Provided, however, that if the working group determines that it is not
technologically feasible to require three-dimensional printers sold in
the state of New York to include blocking technology, the working group
shall so report, and no regulations shall be required to be promulgated
pursuant to this section, until such time as the working group
determines that it is technologically feasible.

3. The division shall:

(a) within nine months of receiving the recommendations from the
working group pursuant to subdivision two of this section, unless the
working group reports that it is not technologically feasible to require
three-dimensional printers sold in New York to include blocking
technology, in consultation with the department of state, promulgate and
publish rules or regulations establishing performance standards for
blocking technology and any other rules and regulations as may be
necessary to carry out the provisions of this section, section three
hundred ninety-six-eeee of the general business law, and article
thirty-nine-DDDD of the general business law; and

(b) be authorized to create and maintain a library of firearms
blueprint files and illegal firearm parts blueprint files, and maintain
and update the library, including by adding new files that enable the
three-dimensional printing of firearms or illegal firearm parts and
including scans of seized firearms. In furtherance of this
authorization, the division may designate another government agency or
an academic or research institution in this state to assist with the
creation and maintenance of the file library. The library shall be made
available to three-dimensional printer manufacturers, vendors with
demonstrated expertise in software development, or experts in
computational design or public safety, for the development or
improvement of blocking technology and firearm blueprint detection
algorithms. The division shall establish safeguards to prevent
unauthorized access to and misuse of the library and shall prohibit all
persons who are granted access to the library from misusing, selling,
disseminating, or otherwise publishing its contents.