NY State Senate Bill 2009-S5228

Senate Bill S5228

2009-2010 Legislative Session

Proscribes persons, firms or corporations engaged in retail business of selling firearms from selling, delivering or transferring child operated firearms

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S5228 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1915
2013-2014: S927
2015-2016: S1204
2017-2018: S3444
2019-2020: S3565
2021-2022: S1419
2023-2024: S803

2009-S5228 (ACTIVE) - Summary

Proscribes 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.

2009-S5228 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5228

 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 :


 FISCAL IMPLICATIONS :
None.

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

2009-S5228 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5228

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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.

                                                           LBD02037-01-9

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