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A04271 Summary:

BILL NOA04271
 
SAME ASSAME AS S00803
 
SPONSORO'Donnell
 
COSPNSR
 
MLTSPNSR
 
Add §265.18, Pen L
 
Prohibits persons, firms or corporations engaged in the retail business of selling firearms from selling, delivering or transferring child operated firearms; defines "child operated firearm" to mean a pistol or revolver manufactured 1 year after the effective date of these provisions which does not contain a childproofing device or mechanism incorporated into the design of such pistol or revolver to effectively preclude an average 5 year old from firing same; makes violations a class A misdemeanor.
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A04271 Actions:

BILL NOA04271
 
02/14/2023referred to codes
01/03/2024referred to codes
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A04271 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4271
 
SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the penal law, in relation to the sale of child operated firearms   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun.   SUMMARY OF SPECIFIC PROVISIONS: This bill would prohibit the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun. The prohibition would apply to pistols or revolvers manufactured twelve or more months after the effective date of the bill. Design features could include the capacity to adjust the trigger resistance of the gun to at least a ten pound pull, the capacity to alter the firing mechanism so- that an average five year old child's hand would be too small to operate the gun, or the capacity to require a series of multiple motions in order to fire the gun. A violation of this provision would be a class A misdemeanor.   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: There is no requirement that pistol or revolvers contain child proofing design features for such guns.   JUSTIFICATION: According to the Archives of Pediatrics and Adolescent Medicine, 85% of 3- to 4- year olds are strong enough to pull the trigger of a gun - a recipe for disaster. But such tragedies involving young children can be prevented; the technology to do so is readily available. In an historic agreement recently reached between Smith & Wesson and the Departments of the Treasury and Housing and Urban Development, Local Governments and States, Smith & Wesson agreed that, within a 12 month period, all of its handguns will be designed so that they cannot be readily operated by a child under 6. This bill will have the effect of ensuring that all hand- guns sold at retail in New York will meet the standards agreed to by Smith & Wesson.   PRIOR LEGISLATIVE HISTORY: A10656 (2021) Died in Codes; A6346 (2018) Died in Codes; A2178 (2016) Died in Codes; A3584 (2014) Died in Codes; A3936 (2012) Died in Codes; A1326 (2010) Passed Assembly   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: First of November next succeeding the date on which become a law.
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A04271 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4271
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to the sale of child operated
          firearms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 265.18 to
     2  read as follows:
     3  § 265.18 Sale of child operated firearms; childproofing.
     4    1. No person, firm, limited liability company or  corporation  engaged
     5  in  the  retail  business  of selling rifles, shotguns or firearms shall
     6  sell, deliver or transfer any child operated firearm to another person.
     7    2. For purposes of this section,  "child  operated  firearm"  means  a
     8  pistol  or  revolver manufactured twelve months or more after the effec-
     9  tive date of this section which does not contain a childproofing  device
    10  or  mechanism incorporated into the design of such pistol or revolver to
    11  effectively preclude an average five year old child from  operating  the
    12  pistol or revolver. Such devices or mechanisms shall include, but not be
    13  limited  to: the capacity to adjust the trigger resistance to at least a
    14  ten pound pull, the capacity to alter the firing mechanism  so  that  an
    15  average  five year old child's hands are too small to operate the pistol
    16  or revolver, or the capacity to require a series of multiple motions  in
    17  order to fire the pistol or revolver.
    18    3.  The superintendent of the state police shall, in consultation with
    19  such gun manufacturers as such superintendent deems  appropriate,  adopt
    20  rules  and  regulations establishing minimum standards for childproofing
    21  devices or mechanisms to ensure that such childproofing devices or mech-
    22  anisms are safe and effective.
    23    4. Any person, firm or corporation who violates the provisions of this
    24  section shall be guilty of a class A misdemeanor.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02815-01-3
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