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.
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 handguns sold at retail in New York will meet the standards agreed to by Smith & Wesson.
PRIOR LEGISLATIVE HISTORY: 2009-2010: Senate and Assembly - Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: First of November next succeeding the date on which become a law.
STATE OF NEW YORK ________________________________________________________________________ 1915 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed 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: Section 1. The penal law is amended by adding a new section 265.18 to read as follows: S 265.18 SALE OF CHILD OPERATED FIREARMS; CHILDPROOFING. 1. NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION ENGAGED IN THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS OR FIREARMS SHALL SELL, DELIVER OR TRANSFER ANY CHILD OPERATED FIREARM TO ANOTHER PERSON. 2. FOR PURPOSES OF THIS SECTION, "CHILD OPERATED FIREARM" MEANS A PISTOL OR REVOLVER MANUFACTURED TWELVE MONTHS OR MORE AFTER THE EFFEC- TIVE DATE OF THIS SECTION WHICH DOES NOT CONTAIN A CHILDPROOFING DEVICE OR MECHANISM INCORPORATED INTO THE DESIGN OF SUCH PISTOL OR REVOLVER TO EFFECTIVELY PRECLUDE AN AVERAGE FIVE YEAR OLD CHILD FROM OPERATING THE PISTOL OR REVOLVER. SUCH DEVICES OR MECHANISMS SHALL INCLUDE, BUT NOT BE LIMITED TO: THE CAPACITY TO ADJUST THE TRIGGER RESISTANCE TO AT LEAST A TEN POUND PULL, THE CAPACITY TO ALTER THE FIRING MECHANISM SO THAT AN AVERAGE FIVE YEAR OLD CHILD'S HANDS ARE TOO SMALL TO OPERATE THE PISTOL OR REVOLVER, OR THE CAPACITY TO REQUIRE A SERIES OF MULTIPLE MOTIONS IN ORDER TO FIRE THE PISTOL OR REVOLVER. 3. THE SUPERINTENDENT OF THE STATE POLICE SHALL, IN CONSULTATION WITH SUCH GUN MANUFACTURERS AS SUCH SUPERINTENDENT DEEMS APPROPRIATE, ADOPT RULES AND REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR CHILDPROOFING DEVICES OR MECHANISMS TO ENSURE THAT SUCH CHILDPROOFING DEVICES OR MECH- ANISMS ARE SAFE AND EFFECTIVE. 4. ANY PERSON, FIRM OR CORPORATION WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR. S 2. This act shall take effect on the first of November next succeed- 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. LBD00233-01-1