Requires a criminal history background check for the purchase of a three-dimensional printer capable of creating firearms; prohibits sale to a person who would be disqualified on the basis of criminal history from being granted a license to possess a firearm.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8132
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the general business law, in relation to criminal histo-
ry background checks for the purchase of three-dimensional printers
capable of creating firearms
PURPOSE OR GENERAL IDEA OF BILL:
Provides that retailers must perform criminal background checks on
purchasers of three-dimensional printers capable of making firearms or
their components.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 398-g to the general business law providing
that any retailer selling three-dimensional printers must background
check such purchasers, and defines "three-dimensional printer" as a
device capable of producing a three-dimensional object from a digital
model.
Section 2 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE)':
CLICK HERE TO ENTER TEXT.
JUSTIFICATION:
Three-dimensionally printed firearms, a type of untraceable ghost gun,
can be built by anyone using an $150 three-dimensional printer. Three-
dimensional printed guns are growing more prevalent each year. There
were 100 taken off the streets of New York City in 2019. That number
skyrocketed to 637 in 2022. Concurrently, ghost gun shootings have
risen 1,000% across the nation. Currently, three-dimensional printers
allow people to make, buy, sell, and use untraceable guns without any
background checks. This bill will require a background check so that
three-dimensional printed firearms do not get in the wrong hands.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
STATE OF NEW YORK
________________________________________________________________________
8132
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the general business law, in relation to criminal histo-
ry background checks for the purchase of three-dimensional printers
capable of creating firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 398-g to read as follows:
3 § 398-g. Sale of certain three-dimensional printers. 1. Any retailer
4 of a three-dimensional printer sold in this state which is capable of
5 printing a firearm, or any components of a firearm, is required and
6 authorized to request and receive criminal history information concern-
7 ing such purchaser from the division of criminal justice services in
8 accordance with the provisions of section eight hundred forty-five-b of
9 the executive law. Access to and the use of such information shall be
10 governed by the provisions of such section. The division of criminal
11 justice services is authorized to submit fingerprints to the federal
12 bureau of investigation for a national criminal history record check.
13 2. Within fifteen business days after receiving a request for criminal
14 history information pursuant to this section, the commissioner of the
15 division of criminal justice services shall review such criminal history
16 information and determine whether such purchaser has been convicted
17 anywhere of a felony or a serious offense or who is not the subject of
18 an outstanding warrant of arrest issued upon the alleged commission of a
19 felony or serious offense which would disqualify such individual from
20 being licensed to carry or possess a firearm under section 400.00 of the
21 penal law. Such commissioner shall promptly notify the seller of his or
22 her determination in this regard. No retailer shall sell any three-di-
23 mensional printer capable of printing a firearm unless the division of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13330-01-3
A. 8132 2
1 criminal justice services provides written notification of the determi-
2 nation under this subdivision.
3 3. For purposes of this section, "three-dimensional printer" means a
4 computer or computer-driven machine or device capable of producing a
5 three-dimensional object from a digital model.
6 § 2. This act shall take effect on the thirtieth day after it shall
7 have become a law.
