Requires bidders on contracts to purchase firearms, ammunition, and firearm accessories to submit a statement that the bidder is licensed and in compliance with all applicable federal, state, and local laws, rules and regulations relating to the sale, transfer, storage and disposition of firearms, ammunition and firearm accessories.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9373A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the state finance law, in relation to the purchase of
firearms, ammunition, and firearm accessories
PURPOSE:
To amend the state finance law to update the firearm procurement proc-
ess.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 139-n to the State Finance Law requiring
that bids submitted to the state or any public department or agency for
the purchase of firearms, ammunition, or firearm accessories contain a
certification, affirmed under penalty of perjury, regarding the bidder's
compliance with applicable federal, state, and local firearm laws and
business practices. The certification includes representations that the
bidder is properly licensed where required, complies with laws governing
the sale and transfer of firearms and related products, does not sell
non-serialized gun build kits or firearm precursor parts, maintains
policies and practices to prevent straw purchases and unlawful firearm
transfers, documents and reports thefts or losses, provides employee
training regarding legal compliance, and operates a digital video
surveillance system at locations where firearms, ammunition, or firearm
accessories are sold, stored, or transferred.
The bill further provides that, for procurements where competitive
bidding is not required, the certification may be required at the
discretion of the relevant department, agency, or official. The bill
also permits the certification to be submitted electronically pursuant
to existing electronic procurement provisions under State Finance Law §
163.
The bill provides that a bid shall not be considered for award if the
bidder fails to provide the required certification or, where applicable,
a signed statement explaining the reasons the certification cannot be
made. The department, agency, or official receiving the bid may request
supporting documentation, including inspection reports, notices of
violation, or other records, where necessary to verify a certification
or signed statement submitted pursuant to the section. Corporate bids
containing the required certification are deemed authorized by the
bidder's board of directors.
Section 2 sets forth the effective date.
JUSTIFICATION:
The State has a substantial interest in ensuring that entities seeking
public contracts for firearms, ammunition, and firearm accessories
comply with applicable firearm laws and maintain business practices
intended to reduce unlawful firearm trafficking and diversion.
This legislation establishes a procurement certification framework
requiring bidders seeking state contracts for firearms-related products
to affirm compliance with specified legal and operational standards
under penalty of perjury. The bill also authorizes state entities to
request supporting documentation where necessary to verify certif-
ications submitted by bidders. By incorporating these requirements into
the state procurement process, the legislation promotes responsible
business practices while utilizing an administrable certification frame-
work consistent with existing procurement procedures.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect April 1, 2027.
STATE OF NEW YORK
________________________________________________________________________
9373--A
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. McDONALD, PAULIN, GLICK, GRIFFIN, COLTON, SHIM-
SKY, McMAHON, DINOWITZ, ROSENTHAL, SIMON, REYES, CUNNINGHAM, VALDEZ --
read once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the state finance law, in relation to the purchase of
firearms, ammunition, and firearm accessories
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 139-n to read as follows:
3 § 139-n. Statement in bids for the purchase of firearms, ammunition,
4 and firearm accessories. 1. (a) Every bid hereafter made to the state or
5 any public department or agency thereof, where competitive bidding is
6 required by statute, rule or regulation, for the purchase of firearms,
7 ammunition, or firearm accessories, shall contain the following state-
8 ment subscribed by the bidder and affirmed by such bidder as true under
9 the penalty of perjury:
10 "By submission of this bid, each bidder and each person signing on
11 behalf of any bidder certifies, and in the case of a joint bid each
12 party thereto certifies as to its own organization, under penalty of
13 perjury, that the bidder:
14 (i) is duly licensed pursuant to applicable federal, state, and local
15 law to sell or transfer firearms, ammunition, or firearm accessories,
16 where such licensure is required;
17 (ii) is in compliance with all applicable federal, state, and local
18 laws, rules, and regulations relating to the sale, transfer, storage,
19 and disposition of firearms, ammunition, and firearm accessories;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13949-02-6
A. 9373--A 2
1 (iii) does not sell, offer for sale, advertise, market, distribute, or
2 otherwise transfer unserialized gun build kits or firearm precursor
3 parts;
4 (iv) has and has implemented written policies, procedures, or prac-
5 tices to prevent, detect, and screen for straw purchases and firearm
6 trafficking;
7 (v) has and has implemented written policies, procedures, or practices
8 to prevent, detect, and screen against the sale or transfer of firearms,
9 ammunition, or firearm accessories to any individual prohibited from
10 possessing a firearm by federal, state, or local law or court order;
11 (vi) has and has implemented written policies, procedures, or prac-
12 tices to prevent, detect, document, and report the theft or loss of
13 firearms, ammunition, or firearm accessories;
14 (vii) provides training to employees regarding compliance with appli-
15 cable federal, state, and local laws, rules, and regulations relating to
16 the sale or transfer of firearms, ammunition, and firearm accessories;
17 and
18 (viii) operates a digital video surveillance system at each premises
19 where firearms, ammunition, or firearm accessories are sold, stored, or
20 transferred."
21 (b) Every bid hereafter made to the state or any public department or
22 agency thereof, where competitive bidding is not required by statute,
23 rule or regulation, for the purchase of firearms, ammunition, or firearm
24 accessories, may contain, at the discretion of the department, agency or
25 official, the certification required pursuant to paragraph (a) of this
26 subdivision.
27 2. Notwithstanding the foregoing, the statement required by paragraph
28 (a) of subdivision one of this section may be submitted electronically
29 in accordance with the provisions of subdivision seven of section one
30 hundred sixty-three of this chapter.
31 3. A bid shall not be considered for award, nor shall any award be
32 made to a bidder who has not complied with subdivision one of this
33 section; provided, however, that if the bidder cannot make the foregoing
34 certification, such bidder shall so state and shall furnish with the bid
35 a signed statement which sets forth in detail the reasons therefor. The
36 department, agency or official receiving such bid may request documenta-
37 tion, including inspection reports, notices of violation, or other
38 records, as may be necessary to verify any certification or signed
39 statement submitted pursuant to this section.
40 4. Any bid hereafter made to the state or any public department, agen-
41 cy or official thereof, by a corporate bidder for the purchase of
42 firearms, ammunition, or firearm accessories, where such bid contains
43 the statement required by subdivision one of this section, shall be
44 deemed to have been authorized by the board of directors of such bidder,
45 and such authorization shall be deemed to include the signing and
46 submission of such bid and the inclusion therein of such statement as
47 the act and deed of the corporation.
48 § 2. This act shall take effect April 1, 2027.
