Assembly Bill A6346

2017-2018 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

Sponsored By

Archive: Last Bill Status - In Assembly 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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2017-A6346 (ACTIVE) - Details

See Senate Version of this Bill:
S3444
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1326, S5228
2011-2012: A3936, S1915
2013-2014: A3584, S927
2015-2016: A2178, S1204
2019-2020: S3565
2021-2022: S1419
2023-2024: S803

2017-A6346 (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.

2017-A6346 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6346
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, LENTOL, ORTIZ, KAVANAGH -- Multi-
   Sponsored by -- M. of A. COLTON, CYMBROWITZ, GALEF --  read  once  and
   referred 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:
 § 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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