NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2882
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the penal law, in relation to warnings to be posted and
provided by firearms dealers
PURPOSE:
To provide individuals seeking a license for or the purchase of a
firearm or weapon of the dangers of ownership, including the increased
risk of suicide, death during domestic disputes, and unintentional death
to children, household members, and others and of the availability of
the 988 National Suicide Prevention Lifeline.
SUMMARY OF PROVISIONS:
Section one of the bill adds subdivision 20 to § 400 of the penal law.
Paragraph (a) requires every licensed gunsmith or dealer in firearms to
post a notice where weapons or firearms are sold, displayed, or deliv-
ered, at the entrance to the site, and in at least one additional area
where sales are sold conspicuously stating "WARNING ACCESS TO A WEAPON
OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE,
DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL DEATHS TO CHILDREN,
HOUSEHOLD MEMBERS AND OTHERS. IF YOU OR A LOVED ONE IS EXPERIENCING
DISTRESS AND/OR DEPRESSION, CALL THE NATIONAL SUICIDE PREVENTION LIFE-
LINE AT 988." This paragraph also requires the notice to be distributed
to a purchaser at the time of each individual sale and when a licensing
officer issues to amends a firearm or weapon license and/or permit.
Paragraph (b) states that licensing officers, local governments, or
employees thereof will not be held liable for injury or damages because
of a gunsmith or firearms dealer failure to comply with this subdivision
or in consequence of any act or omission in connection with the imple-
mentation or enforcement of this subdivision.
Paragraph (c) provides that failure to comply with any provision of this
subdivision is a violation punishable by imprisonment of up to fifteen
days and/or a fine of up to one thousand dollars with each day that a
violation continues to be deemed a separate offense. This paragraph
further stipulates that enforcement shall occur within each municipality
by the applicable local police who are authorized to issue appearance
tickets and that such tickets shall be personally served.
Paragraph (d) declares that any local law or ordinance that imposes
stricter disclosure or notice requirements shall not be superseded by
this subdivision and that the notices required by this subdivision shall
be in addition to any other notice required by any federal, state, or
local law or ordinance, rule, or regulation.
Section two of the bill provides the effective date.
JUSTIFICATION:
No one can argue that in recent years the United States has seen prolif-
eration of guns. In 2018, a Swiss-based leading research project found
that for everyone 100 residents in the US, there were 120.5 firearms, up
from 88 firearms only seven years prior. The same project estimated that
that there were 390 million guns in circulation in 2018. A study by the
Annals of Internal Medicine found that seven and a half million adults
in the United States, roughly 3t of the population, became first new gun
owners between January 2019 and April 2021, exposing eleven million
people to firearms in their homes, including five million children.
Using data also from the Annals of Internal Medicine, researchers at the
University of California at San Francisco found that when firearms were
accessible, men were nearly four times more likely to commit suicide
than when firearms were not accessible and women were almost three times
more likely to be victims of homicide. In 2020 the Center for Disease
Control released data showing that 24,292 suicides occurred through the
use of guns, equating to approximately 54t of all gun related deaths,
and that nearly two in ten firearm related injuries were unintentional.
New York State has been at the forefront of addressing issues related to
gun use. This bill models legislation enacted in the County of Westches-
ter and introduced and passed by the Albany County legislature intended
to promote the health, safety, and welfare of the general public by
specifically informing buyers and potential buyers of weapons or
firearms of the dangers of owning a weapon or firearm. The notice
required by this legislation also provides those who may need it the 988
number to easily speak with someone at the National Suicide Prevention
Lifeline.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Ninety days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
2882
2023-2024 Regular Sessions
IN ASSEMBLY
January 31, 2023
___________
Introduced by M. of A. DINOWITZ, TAPIA, WEPRIN, KELLES, FORREST -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to warnings to be posted and
provided by firearms dealers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 400.00 of the penal law is amended by adding a new
2 subdivision 20 to read as follows:
3 20. Firearms dealers; required warnings. (a) (i) Every person licensed
4 as a gunsmith or a dealer in firearms shall post the following notice at
5 the site where such weapons or firearms are sold, displayed or delivered
6 to the purchaser, at the entrance to the site and in at least one addi-
7 tional area where sales occur, conspicuously stating, in no smaller than
8 twenty-six-point type on a sign at least eight and one-half by eleven
9 inches in bold print:
10 WARNING
11 ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
12 RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
13 DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
14 IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
15 THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
16 (ii) Every firearms dealer shall distribute a notice to the purchaser
17 at the time of each individual sale of a weapon or firearm, conspicuous-
18 ly stating, in no smaller than twenty-six-point type and on paper at
19 least eight and one-half by eleven inches in bold print the following
20 warning:
21 WARNING
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01543-01-3
A. 2882 2
1 ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
2 RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
3 DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
4 IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
5 THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
6 (iii) Upon the issuance of or amendment to a firearm or weapon license
7 and/or permit, the licensing officer shall provide the
8 licensee/permittee a written copy of a warning notice conspicuously
9 stating in no smaller than twenty-six-point type and on paper at least
10 eight and one-half by eleven inches in bold print the following warning:
11 WARNING
12 ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
13 RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
14 DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
15 IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
16 THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
17 (b) No licensing officer, local government, or any employee thereof
18 shall be liable to any person by reason of any injury or damage result-
19 ing from the failure of any gunsmith or firearms dealer to comply with
20 this subdivision or in consequence of any act or omission in connection
21 with the implementation or enforcement of this subdivision.
22 (c) (i) Failure to comply with any provision of this subdivision shall
23 be a violation punishable by imprisonment of not more than fifteen days
24 or by a fine of not more than one thousand dollars, or both. Each day
25 that a violation continues shall be deemed a separate offense.
26 (ii) The provisions of this subdivision shall be enforced within each
27 municipality by the applicable local police force, including town, city
28 and village police departments which officers are authorized to issue
29 appearance tickets. Appearance tickets shall be served personally.
30 (d) The provisions of this subdivision shall not supersede any local
31 law or ordinance that imposes stricter disclosure or notice require-
32 ments; and notices required by this subdivision shall be in addition to
33 any other notices required by any other federal, state or local law,
34 ordinance, rule or regulation.
35 § 2. This act shall take effect on the ninetieth day after it shall
36 have become a law.
