Bill S84-2013

Requires state agencies and certain covered authorities to purchase handguns from responsible suppliers

Requires state agencies and certain covered authorities to purchase handguns from responsible suppliers; defines criteria therefor; provides for exceptions.

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S84

TITLE OF BILL: An act to amend the state finance law, in relation to the procurement of handguns by state agencies

PURPOSE: This legislation establishes a standard of conduct for firearms manufacturers and requires New York State Agencies to purchase guns from those manufacturers that adhere to the code of conduct.

SUMMARY OF PROVISIONS: Section 1: Legislative Findings. Section 2: Relates to the purchase of handguns. Provides definitions concerning the purchase of handguns including the definition of responsible supplier. Contained within the definition of responsible supplier is a standard of conduct that makes every reasonable effort to restrict the sale of weapons that might result in the illegal possession and/or misuse by criminals, unauthorized juveniles, and other prohibited persons. This standard of conduct includes the following:

* Prohibiting the sale of weapons to dealers who have sold more than 20 weapons in any 12 month period in the past five years that have been used in crimes or illegally possessed. * Prohibiting the sale of weapons at gun shows without a mandatory back-ground check for each sale made at that gun show. * Only selling to dealers who maintain a fixed address for their store, an electronic database including specifications of all guns held in inventory or for sale, and the names and license numbers of all gun buyers. * Providing full access of records to law enforcement and government regulators. * Limiting purchases by a person to one weapon per 30 days. * Implementing a security plan for securing weapons in transit. * Limiting the sale of assault rifles and large capacity magazines to police, military and other government entities.

This section also includes the language that all state agencies shall only enter into a contract to purchase or lease handguns for use in the performance of official duties from a responsible supplier. Language is also included in this section to address special circumstances in which it is necessary to contract with a supplier that does not adhere to the code of conduct.

Section 3: Contains the effective date.

JUSTIFICATION: It is in the state's best interest to procure handguns for use by state employees in the performance of their duties from responsible suppliers that are committed to the legal sale and use of firearms.

The standard of conduct would ensure that every effort has been made to restrict gun sales that might lead to illegal possession and/or misuse by criminals, unauthorized juveniles, and other prohibited

persons. Over 30,000 people in the United States die each year from gunfire. This includes 4,200 children, which is a horrifying average of nine American children each and every day. In New York City, firearms, predominantly handguns, are used in approximately sixty-six percent of the murders committed each year. The number of individuals who suffered injuries inflicted by firearms is more than twice those killed with a firearm. Handguns are also used in a high percentage of other crimes, including robbery, felony reckless endangerment and menacing.

Government agencies purchase approximately twenty-five percent of all guns sold in the United States including guns for police forces, correctional services, and public safety agencies. The state is a major purchaser of handguns for use by the state's various law enforcement agencies.

The state, acting with the discretion allowed any private participant in the market, should choose to allocate its purchasing dollars in a manner that promotes the responsible manufacture, shipment, and sale of handguns. In furtherance of this goal, the legislation requires that state agencies purchase handguns from suppliers that refrain from marketing or manufacturing handguns in a manner that is attractive to criminals and juveniles. In addition, they must adhere to provisions designed to minimize the risk of injury or death to innocent third parties and to prevent handguns from leaving the legal stream of commerce. This legislation does recognize the fact that standards set forth may not be suitable for all law enforcement needs, and provides an exception, if necessary, for handguns procured for law enforcement or military use. It is essential that the State spend its citizens' money in a manner that promotes the safety and wellbeing of its residents. With this legislation, the State can use its purchasing power to alter the way which manufacturers market their firearms.

LEGISLATIVE HISTORY: 2011-12: S.680-A 2010: Referred to Finance 2008: Referred to Finance 2007: Referred to Finance

FISCAL IMPLICATIONS: Small cost to the state for developing and disseminating materials relating to gun violence prevention.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 84 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to the procurement of handguns by state agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Declaration of legislative findings and intent. The legis- lature finds that it is in the state's best interest to procure handguns for use by state employees in the performance of their duties from responsible suppliers that are committed to a standard of conduct which makes every effort to eliminate sales of guns that might lead to illegal possession and/or misuse by criminals, unauthorized juveniles, and other prohibited persons. Over 30,000 people in the United States die each year from gunfire, including 4,200 children. On average, firearms kill approximately nine American children every day. In New York City, firearms, predominantly handguns, are used in approximately sixty-six percent of the murders committed each year. More than twice the number of individuals murdered with a firearm suffered injuries inflicted by firearms. Handguns are also used in a high percentage of other crimes, including robbery, felo- ny reckless endangerment and menacing. Government agencies purchase approximately twenty-five percent of all guns sold in the United States, including guns for police forces, correctional services, and public safety agencies. The state is a major purchaser of handguns for use by the state's various law enforcement agencies. The legislature finds that the state, acting with the discretion allowed any private participant in the market, should choose to allocate its purchasing dollars in a manner that promotes the respon- sible manufacture, shipment, and distribution of handguns. In further- ance of this goal, this legislation requires that state agencies
purchase handguns from suppliers that refrain from marketing or manufac- turing handguns in a manner that is attractive to criminals and juve- niles, as well as adhere to other provisions designed to minimize the risk to innocent third parties and to prevent handguns from leaving the legal stream of commerce. Nevertheless, the legislature recognizes that handguns which satisfy the standards required by this legislation may not be suitable for law enforcement needs, thus, the legislation provides an exception if necessary for handguns procured for law enforcement or military uses. The legislature finds that it is imperative that the state spend its citizens' money in a manner that promotes the safety and well-being of all residents. Accordingly, the legislature finds that when procuring handguns, the state should do so from responsible manufacturers whenever possible. S 2. The state finance law is amended by adding a new section 169 to read as follows: S 169. PURCHASE OF HANDGUNS. 1. FOR THE PURPOSES OF THIS SECTION ONLY, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CONTRACT" MEANS ANY WRITTEN AGREEMENT, PURCHASE ORDER, OR INSTRU- MENT WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS IN RETURN FOR WORK, LABOR, SERVICES, SUPPLIES, EQUIPMENT, MATERI- ALS, OR ANY COMBINATION OF THE FOREGOING. (B) "RESPONSIBLE SUPPLIER" MEANS THAT THE SUPPLIER OF HANDGUNS, INCLUDING A MANUFACTURER, RETAIL DEALER, AND/OR WHOLESALE DEALER, IS ABLE TO DEMONSTRATE THAT IT IS COMMITTED TO A STANDARD OF CONDUCT WHICH MAKES EVERY REASONABLE EFFORT TO ELIMINATE SALES OF WEAPONS THAT MIGHT LEAD TO ILLEGAL POSSESSION AND/OR MISUSE BY CRIMINALS, UNAUTHORIZED JUVENILES, AND OTHER PROHIBITED PERSONS. THIS STANDARD INCLUDES DEMON- STRATED COMPLIANCE WITH THE FOLLOWING PROVISIONS: (1) DOES NOT SELL WEAPONS TO DEALERS WHO HAVE SOLD MORE THAN TWENTY WEAPONS WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING FIVE YEARS TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES OR WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING FIVE YEARS ARE TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES; (2) MAKES NO SALES AT GUN SHOWS OR ALTERNATIVE VENUES UNLESS SUCH SALES AT THE GUN SHOW OR ALTERNATIVE VENUE ARE CONDUCTED ONLY UPON COMPLETION OF A BACKGROUND CHECK AND ALL SELLERS AT THE GUN SHOW OR ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK- GROUND CHECK AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT A RETAIL GUN STORE; (3) (I) IN THE CASE OF A MANUFACTURER SELLING WEAPONS TO DEALERS, ONLY SELLS TO DEALERS WHO OPERATE A RETAIL SHOP LOCATED AT A FIXED ADDRESS, OR (II) IN THE CASE OF RETAIL OR WHOLESALE DEALERS WHERE: A. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS HELD IN INVENTORY OR OFFERED FOR SALE; B. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD AND THE NAME AND LICENSE NUMBER OF ALL PURCHASERS; AND C. THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE; (4) PROVIDES FULL ACCESS OF AFOREMENTIONED RECORDS TO LAW ENFORCEMENT AND GOVERNMENT REGULATORS CONDUCTING COMPLIANCE INSPECTIONS;
(5) LIMITS PURCHASES BY ANY INDIVIDUAL IN ANY GIVEN THIRTY DAY PERIOD TO ONE WEAPON; (6) IMPLEMENTS A SECURITY PLAN FOR SECURING WEAPONS IN TRANSIT; AND (7) DOES NOT SELL ASSAULT WEAPONS, AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW, OR LARGE CAPACITY AMMUNI- TION FEEDING DEVICES, AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF THE PENAL LAW, OTHER THAN TO POLICE OFFICERS, LAW ENFORCEMENT OR MILITARY ENTITIES, OR OTHER AUTHORIZED GOVERNMENTAL AGENCY. (C) "CONTRACTING AGENCY" MEANS A STATE AGENCY OR COVERED AUTHORITY. (D) "CONTRACTOR" MEANS ANY SUPPLIER, BY SALE OR LEASE, OF HANDGUNS TO A CONTRACTING AGENCY. (E) "HANDGUN" MEANS A REVOLVER OR SEMI-AUTOMATIC PISTOL DESIGNED TO EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE. (F) "STATE AGENT" MEANS ANY INDIVIDUAL WHO, AS PART OF HIS OR HER OFFICIAL DUTIES, PURCHASES OR LEASES A HANDGUN FINANCED IN WHOLE OR IN PART BY A CONTRACTING AGENCY FOR PERFORMANCE OF OFFICIAL DUTIES. 2. A CONTRACTING AGENCY SHALL ONLY ENTER INTO A CONTRACT TO PURCHASE OR OBTAIN FOR ANY PURPOSE HANDGUNS FROM A RESPONSIBLE SUPPLIER, AND A STATE AGENT SHALL ONLY PURCHASE OR LEASE A HANDGUN FOR USE IN PERFORM- ANCE OF OFFICIAL DUTIES FROM A RESPONSIBLE SUPPLIER. 3. THE SUPERINTENDENT OF STATE POLICE SHALL PROMULGATE RULES SPECIFY- ING THE DOCUMENTS AND INFORMATION THAT CONTRACTORS MUST PROVIDE TO THE CONTRACTING AGENCY FOR PURPOSES OF SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. 4. UPON A DETERMINATION THAT A CONTRACTOR IS IN VIOLATION OF THIS SECTION, THE CONTRACTING AGENCY SHALL REVIEW SUCH INFORMATION AND OFFER THE CONTRACTOR AN OPPORTUNITY TO RESPOND. IF THE CONTRACTING AGENCY FINDS THAT A VIOLATION HAS OCCURRED, IT SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE AND PROVIDED FOR BY LAW, RULE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, IMPOSING SANCTIONS, SEEKING COMPLIANCE, RECOVERING DAMAGES, DECLARING THE CONTRACTOR IN DEFAULT, SEEKING DEBARMENT OR SUSPENSION OF THE CONTRACTOR AND/OR DEEMING IT AS NON-RESPONSIBLE. 5. EVERY CONTRACT FOR OR ON BEHALF OF ALL CONTRACTING AGENCIES FOR THE SUPPLY OF HANDGUNS SHALL CONTAIN A PROVISION OR PROVISIONS DETAILING THE REQUIREMENTS OF THIS SECTION. 6. WITH REGARD TO A "CONTRACTING AGENCY", THE REQUIREMENTS OF THIS SECTION SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES: (A) THERE IS ONLY ONE PROSPECTIVE CONTRACTOR WILLING TO ENTER INTO A CONTRACT; OR (B) WHERE IT IS DETERMINED THAT ALL BIDDERS TO A CONTRACT ARE DEEMED INELIGIBLE FOR PURPOSES OF THIS SECTION; OR (C) WHERE IT IS AVAILABLE FROM A SOLE SOURCE AND THE PROSPECTIVE CONTRACTOR IS NOT CURRENTLY DISQUALIFIED FROM DOING BUSINESS WITH THE CONTRACTING AGENCY; OR (D) THE CONTRACT IS NECESSARY IN ORDER TO RESPOND TO AN EMERGENCY WHICH ENDANGERS THE PUBLIC HEALTH AND SAFETY AND NO ENTITY WHICH COMPLIES WITH THE REQUIREMENTS OF THIS SECTION CAPABLE OF RESPONDING TO THE EMERGENCY IS IMMEDIATELY AVAILABLE; OR (E) WHERE A CONTRACTING AGENCY WHOSE PRIMARY RESPONSIBILITY IS LAW ENFORCEMENT DEEMS IT NECESSARY TO PURCHASE HANDGUNS FROM OTHER THAN A RESPONSIBLE SUPPLIER; OR (F) WHERE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR CONTRACT OF THE UNITED STATES OR NEW YORK STATE GOVERNMENT OR THE INSTRUCTIONS OF AN AUTHORIZED REPRESENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION, OR CONTRACT.
ALL WRITTEN WAIVERS SHALL BECOME PART OF THE CONTRACT FILE OF THE CONTRACTING AGENCY. NOTWITHSTANDING ANY WAIVER, THE CONTRACTING AGENCY SHALL TAKE EVERY REASONABLE MEASURE TO CONTRACT WITH A MANUFACTURER OR DEALER WHO BEST SATISFIES THE REQUIREMENTS OF THIS SECTION. 7. WITH REGARD TO "STATE AGENTS", THE REQUIREMENTS OF THIS SECTION SHALL BE WAIVED IN WRITING UNDER THE FOLLOWING CIRCUMSTANCES: (A) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THERE IS ONLY ONE PROSPECTIVE SUPPLIER WILLING OR ABLE TO SUPPLY SUCH HANDGUN; OR (B) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT ALL PROSPEC- TIVE SUPPLIERS ARE DEEMED INELIGIBLE FOR PURPOSES OF THIS SECTION; OR (C) WHERE THE EMPLOYER OF THE STATE AGENT DETERMINES THAT THE HANDGUN IS AVAILABLE ONLY FROM A SOLE SOURCE AND THE PROSPECTIVE SUPPLIER IS NOT CURRENTLY DISQUALIFIED FROM DOING BUSINESS WITH THE CONTRACTING AGENCY; OR (D) THE EMPLOYER OF THE STATE AGENT DETERMINES THAT IT IS NECESSARY IN ORDER TO RESPOND TO AN EMERGENCY WHICH ENDANGERS THE PUBLIC HEALTH AND SAFETY AND NO ENTITY WHICH COMPLIES WITH THE REQUIREMENTS OF THIS SECTION CAPABLE OF RESPONDING TO THE EMERGENCY IS IMMEDIATELY AVAILABLE; OR (E) WHERE THE EMPLOYER OF THE STATE AGENT WHOSE PRIMARY RESPONSIBILITY IS LAW ENFORCEMENT DEEMS IT NECESSARY TO PURCHASE HANDGUNS FROM OTHER THAN A RESPONSIBLE SUPPLIER; OR (F) WHERE THE EMPLOYER OF THE STATE AGENT DEEMS THAT THE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION, OR CONTRACT OF THE UNITED STATES OR NEW YORK STATE GOVERNMENT OR THE INSTRUCTIONS OF AN AUTHORIZED REPRESENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION OR CONTRACT. 8. THIS SECTION SHALL NOT APPLY TO ANY CONTRACT WITH A CONTRACTING AGENCY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. 9. IF ANY SUBDIVISION, PARAGRAPH, SUBPARAGRAPH, SENTENCE, CLAUSE, PHRASE, OR OTHER PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE- TENT JURISDICTION, SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION, WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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