NY State Senate Bill 2015-S1204

Senate Bill S1204

2015-2016 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 09, 2015	referred to codes

co-Sponsors

2015-S1204 (ACTIVE) - Details

See Assembly Version of this Bill:: A2178
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5228, A1326
2011-2012: S1915, A3936
2013-2014: S927, A3584
2017-2018: S3444, A6346
2019-2020: S3565
2021-2022: S1419
2023-2024: S803

2015-S1204 (ACTIVE) - Summary

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.

2015-S1204 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1204

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 a
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: S.1915- Referred to Codes
2013-2014: S.927- Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


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

2015-S1204 (ACTIVE) - Bill Text download pdf

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

                                  1204

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by Sens. SERRANO, HASSELL-THOMPSON, KRUEGER, SANDERS -- 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.
                                                           LBD04482-01-5

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Senate Bill S1204

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Ruth Hassell-Thompson

Liz Krueger

James Sanders Jr.

Daniel L. Squadron

2015-S1204 (ACTIVE) - Details

2015-S1204 (ACTIVE) - Summary

2015-S1204 (ACTIVE) - Sponsor Memo

2015-S1204 (ACTIVE) - Bill Text download pdf

Comments