NY State Senate Bill 2019-S3565

Senate Bill S3565

2019-2020 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Feb 08, 2019	referred to codes

co-Sponsors

2019-S3565 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.18, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5228
2011-2012: S1915
2013-2014: S927
2015-2016: S1204
2017-2018: S3444
2021-2022: S1419
2023-2024: S803

2019-S3565 (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.

2019-S3565 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3565

SPONSOR: SERRANO
 
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.

 
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 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 hand-
guns 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
2015-2016: S.1204 - Referred to Codes
2017-2018: S.3444 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

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

2019-S3565 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3565
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced  by Sens. SERRANO, BAILEY, 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:
 § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03531-01-9

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Senate Bill S3565

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Sponsored By

Jose M. Serrano