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.
STATE OF NEW YORK
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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
