Enacts the "safer weapons, safer homes act"; requires the division of criminal justice services to study the technological viability of personalized firearms; defines personalized firearms; requires the division to report to the governor and the legislature on the results of the study.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1191A
SPONSOR: Bores TITLE OF BILL:
An act to amend the executive law, in relation to requiring the division
of criminal justice services to study the technological viability of
personalized firearms
PURPOSE OR GENERAL IDEA OF BILL:
Amends the Executive Law to both define and establish requirements for
personalized handguns.
SUMMARY OF PROVISIONS:
Section one would amend section 835 of the Executive Law to define a
personalized gun and authorized user.
Section two would amend the Executive Law by adding a new section 837-y
that would require the division of criminal justice to engage in an
investigation to certify the technological viability of personalized
handguns. The division shall establish performance standards and testing
protocols for personalized handguns.
The bill further requires the division to maintain a roster of all
personalized handguns approved for retail sale. This roster shall be
made available to registered and licensed firearms dealers in the state
at least every six months. Additionally, the amendment requires each
licensed firearms retailer to have on its premises at least one person-
alized handgun available for sale within two years from the date of
certification of the technology's viability, except in cases where such
a requirement would impose a significant financial burden.
Section four would establish the effective date.
JUSTIFICATION:
While this bill ran out of time to pass in the Senate last year, the
Assembly passed this bill last session.
User-authenticated or personalized handguns have the potential to stem
violence and ensure the safety of New Yorkers. Violence from accidental
gun discharge causes incredible harm with more than 300 children unin-
tentionally shooting themselves or someone else each year. In 2020, this
resulted in the deaths of over 120 people. Personalized handguns would
stop children from being able to shoot guns that are left out or improp-
erly stored. This would help prevent school shootings as well, as most
shootings have followed the shooter taking the weapon from their or a
neighbor's home. Moreover, approximately 380,000 guns are stolen from
owners each year. Personalized handguns would prevent those weapons from
being used in other crimes or against their owners.
This bill creates a sensible regulatory environment to review the safety
of and viability of personalized smart guns. The past decade has seen
significant progress in the technology of these weapons; this bill
ensures that New York can implement these new safeguards as they become
available.
PRIOR LEGISLATIVE HISTORY:
A8333/S7802 of 2023/2024
A8333 - PASSED ASSEMBLY
S7802 - AMEND AND RECOMMIT TO FINANCE
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1191--A
R. R. 156
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. BORES, GLICK, EPSTEIN, SHIMSKY, LEVENBERG,
PAULIN, SIMON, GONZALEZ-ROJAS, MEEKS, SEAWRIGHT, CRUZ, COLTON, WEPRIN,
JACOBSON -- read once and referred to the Committee on Codes --
reported and referred to the Committee on Ways and Means -- reported
and referred to the Committee on Rules -- ordered to a third reading,
passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the special order of third reading
AN ACT to amend the executive law, in relation to requiring the division
of criminal justice services to study the technological viability of
personalized firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "safer
2 weapons, safer homes act".
3 § 2. Section 835 of the executive law is amended by adding two new
4 subdivisions 12 and 13 to read as follows:
5 12. "Personalized firearm" means a pistol or revolver that incorpo-
6 rates within its design a permanent programmable feature as part of its
7 manufacture that cannot be deactivated and renders it reasonably resist-
8 ant to being fired except when activated by the lawful owner or other
9 user authorized by the lawful owner.
10 13. "Authorized user" means the owner of a personalized firearm or a
11 person to whom such owner has given consent to use the personalized
12 firearm.
13 § 3. The executive law is amended by adding a new section 837-z to
14 read as follows:
15 § 837-z. Personalized firearms; study of technological viability. 1.
16 As used in this section, the terms "personalized firearm" and "author-
17 ized user" shall have the same meanings as defined in subdivisions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02280-03-5
A. 1191--A 2
1 twelve and thirteen, respectively, of section eight hundred thirty-five
2 of this article.
3 2. The division or a designee shall within two years of the effective
4 date of this section engage in and complete a study that describes
5 performance standards, qualifying criteria, and testing protocols neces-
6 sary to determine the technological viability of personalized firearms
7 and identifies by make and model firearms that qualify as personalized
8 firearms.
9 3. The division shall report the results of the study completed pursu-
10 ant to subdivision two of this section to the governor, the temporary
11 president and minority leader of the senate, and the speaker and minori-
12 ty leader of the assembly.
13 § 4. This act shall take effect immediately.
