S927-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S927-2013 Memo

BILL NUMBER:S927

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
2011-2012: S1915

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date on which become a law.

S927-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          927
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 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.
 LBD00568-01-3

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