NY State Senate Bill 2023-S7802A

Senate Bill S7802A

2023-2024 Legislative Session

Requires the division of criminal justice services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns

download bill text pdf

Current Bill Status - In Senate Committee Finance 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
May 28, 2024	print number 7802a
May 28, 2024	amend and recommit to finance
May 22, 2024	reported and committed to finance
Jan 03, 2024	referred to codes
Dec 11, 2023	referred to rules

Votes

- May 22, 2024 - Codes Committee Vote
  S7802A
  
  9
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 22, 2024
      
      aye (9)
      
      Bailey
      
      Brisport
      
      Harckham
      
      Hoylman-Sigal
      
      Kavanagh
      
      Myrie
      
      Persaud
      
      Ryan
      
      Sepúlveda
      
      nay (4)
      
      Gallivan
      
      Murray
      
      O'Mara
      
      Palumbo

Bill Amendments

Original

A (Active)

2023-S7802 - Details

See Assembly Version of this Bill:: A8333
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §835, add §837-y, Exec L

2023-S7802 - Summary

Enacts the "safer weapons, safer homes act"; requires the division of criminal justice services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns; defines personalized handgun; requires the division to establish and maintain a roster of all personalized handguns approved for retail sale to the public

2023-S7802 - Sponsor Memo

                                 
BILL NUMBER: S7802

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the penal law, in relation to defining personalized
handguns; and to amend the executive law, in relation to requiring the
division of criminal justice services to certify the technological
viability of personalized handguns and to establish requirements related
to the sale of personalized handguns

 
PURPOSE OR GENERAL IDEA OF BILL:

Amends the penal law and executive law to both define and establish
requirements for personalized handguns.

 
SUMMARY OF PROVISIONS:

Section one amends penal law section 265 to define a personalized gun as
one that incorporates technology that renders it resistant to firing
except when used by its lawful owner or authorized user. It specifies
that no handgun shall be deemed personalized unless the division of

criminal justice services has determined the handgun meets the standards
defined in the executive law.

Section two amends the executive law by adding a new section 837-x.
This requires the division of criminal justice to engage in an investi-
gation to certify the technological viability of personalized handguns.
Within 365 days from the date of certification, the bill requires the
division to establish performance standards and testing protocols for
personalized handguns.

The bill further requires the division to maintain a roster of all
personalized handguns approved for retail sales within two years from
the date of certification of technology viability. This roster shall be
made available to registered and licensed firearms dealers in the state
at least every six months. Additionally, the amendment requires each
licensed firearms retailer to have on its premises at least one person-
alized handgun available for sale within two years from the date of
certification of the technology's viability, except in cases where such
a requirement would impose a significant financial burden.

Section four sets forth the effective date.

 
JUSTIFICATION:

User-authenticated or personalized handguns have the potential to stem
violence and ensure the safety of New Yorkers. Violence from accidental
gun discharge causes incredible harm with more than 300 children unin-
tentionally shooting themselves or someone else each year. In 2020, this
resulted in the deaths of over 120 people.  Personalized handguns would
stop children from being able to shoot guns that are left out or improp-
erly stored. This would help prevent school shootings as well, as most
shootings have followed the shooter taking the weapon from their or a
neighbor's home. Moreover, approximately 380,000 guns are stolen from
owners each year. Personalized handguns would prevent those weapons from
being used in other crimes or against their owners.


This bill creates a sensible regulatory environment to review the safety
of these weapons and provide gun owners with a more secure choice. The
past decade has seen significant progress in the technology of these
weapons; this bill will allow New York to take advantage of these new
safeguards as they arrive.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS
 FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7802 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7802
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 11, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law,  in  relation  to  defining  personalized
   handguns; and to amend the executive law, in relation to requiring the
   division  of  criminal  justice  services to certify the technological
   viability of  personalized  handguns  and  to  establish  requirements
   related to the sale of personalized handguns
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "safer
 weapons, safer homes act".
   §  2.  Section  265.00  of  the penal law is amended by adding two new
 subdivisions 36 and 37 to read as follows:
   36. "PERSONALIZED HANDGUN" MEANS A PISTOL OR REVOLVER  WHICH  INCORPO-
 RATES  WITHIN ITS DESIGN A PERMANENT PROGRAMMABLE FEATURE AS PART OF ITS
 MANUFACTURE THAT CANNOT BE  DEACTIVATED  AND  RENDERS  THE  PERSONALIZED
 HANDGUN REASONABLY RESISTANT TO BEING FIRED EXCEPT WHEN ACTIVATED BY THE
 LAWFUL  OWNER  OR  OTHER USER AUTHORIZED BY THE LAWFUL OWNER. NO MAKE OR
 MODEL OF A PISTOL OR REVOLVER SHALL BE  DEEMED  TO  BE  A  "PERSONALIZED
 HANDGUN" UNLESS THE DIVISION OF CRIMINAL JUSTICE SERVICES HAS DETERMINED
 THE  PERSONALIZED  HANDGUN  MEETS  THE STANDARDS ESTABLISHED PURSUANT TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-Y OF THE EXECUTIVE LAW.
   37. "AUTHORIZED USER" MEANS THE OWNER OF A PERSONALIZED HANDGUN  OR  A
 PERSON  TO  WHOM  SUCH  OWNER  HAS GIVEN CONSENT TO USE THE PERSONALIZED
 HANDGUN.
   § 3. The executive law is amended by adding a  new  section  837-y  to
 read as follows:
   §  837-Y.  PERSONALIZED HANDGUNS; TECHNOLOGICAL VIABILITY AND REQUIRE-
 MENTS. 1. AS USED IN THIS SECTION, THE TERMS "PERSONALIZED HANDGUN"  AND
 "AUTHORIZED  USER"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN SECTION
 265.00 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10253-04-3

 S. 7802                             2
 
   2. THE DIVISION OR A DESIGNEE SHALL WITHIN ONE HUNDRED EIGHTY DAYS  OF
 THE EFFECTIVE DATE OF THIS SECTION:
   (A)  ENGAGE IN AND COMPLETE AN INVESTIGATION TO CERTIFY THE TECHNOLOG-
 ICAL VIABILITY OF PERSONALIZED HANDGUNS; AND
   (B) CERTIFY OR DECLINE TO CERTIFY THAT PERSONALIZED HANDGUNS ARE TECH-
 NOLOGICALLY VIABLE.
   3. FOLLOWING A CERTIFICATION  BY  THE  DIVISION  OR  A  DESIGNEE  THAT
 PERSONALIZED HANDGUNS ARE TECHNOLOGICALLY VIABLE, THE DIVISION SHALL:
   (A)  WITHIN  THREE  HUNDRED  SIXTY-FIVE  DAYS FROM THE DATE OF CERTIF-
 ICATION OF THE VIABILITY OF SUCH TECHNOLOGY BY THE DIVISION OR A  DESIG-
 NEE  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION, ESTABLISH PERFORMANCE
 STANDARDS, QUALIFYING CRITERIA AND TESTING PROTOCOLS APPLICABLE  TO  THE
 EXAMINATION AND VERIFICATION OF PERSONALIZED HANDGUNS.  SUCH PERFORMANCE
 STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) THE HANDGUN SHALL BE REASONABLY RESISTANT TO BEING FIRED BY ANYONE
 OTHER THAN THE HANDGUN'S AUTHORIZED USER AS DEFINED IN SECTION 265.00 OF
 THE PENAL LAW;
   (II) THE PERSONALIZED TECHNOLOGY SHALL BE INCORPORATED INTO THE DESIGN
 OF  THE  PERSONALIZED HANDGUN AND SHALL BE A PERMANENT, IRREMOVABLE PART
 OF THE HANDGUN AND ANY DEVICE OR OBJECT  NECESSARY  FOR  THE  AUTHORIZED
 USER TO FIRE THE HANDGUN;
   (III)  THE  PERSONALIZED  HANDGUN  SHALL  NOT BE MANUFACTURED SO AS TO
 PERMIT THE PERSONALIZED CHARACTERISTICS OF THE  HANDGUN  TO  BE  READILY
 DEACTIVATED; AND
   (IV)  THE PERSONALIZED HANDGUN SHALL MEET ANY OTHER RELIABILITY STAND-
 ARDS GENERALLY USED IN THE INDUSTRY  FOR  OTHER  COMMERCIALLY  AVAILABLE
 HANDGUNS; AND
   (B)  WITHIN  TWO YEARS FROM THE DATE OF CERTIFICATION OF THE VIABILITY
 OF SUCH TECHNOLOGY BY THE DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION, ESTABLISH AND MAINTAIN A ROSTER OF ALL PERSONALIZED
 HANDGUNS APPROVED FOR RETAIL SALES TO THE PUBLIC. SUCH ROSTER  SHALL  BE
 PUBLISHED  ON THE DIVISION'S WEBSITE AND SHALL BE UPDATED AT LEAST EVERY
 SIX MONTHS. A COPY OF SUCH ROSTER SHALL BE MADE AVAILABLE TO  REGISTERED
 AND LICENSED FIREARMS DEALERS IN THE STATE AT LEAST EVERY SIX MONTHS.
   4.  THE  DIVISION SHALL REPORT TO THE LEGISLATURE ON THE TECHNOLOGICAL
 VIABILITY OF PERSONALIZED HANDGUNS.  THE DIVISION SHALL REPORT ANY FIND-
 INGS TO THE LEGISLATURE OF ANY PERSONALIZED HANDGUN THAT IS  NOT  VIABLE
 AND IS UNABLE TO BE CERTIFIED.
   5.  THE  DIVISION  SHALL  PROMULGATE  ANY RULE OR REGULATION AS MAY BE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.

2023-S7802A (ACTIVE) - Details

See Assembly Version of this Bill:: A8333
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §835, add §837-y, Exec L

2023-S7802A (ACTIVE) - Summary

2023-S7802A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7802A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to defining personalized
handguns and requiring the division of criminal justice services to
certify the technological viability of personalized handguns and to
establish requirements related to the sale of personalized handguns

 
PURPOSE OR GENERAL IDEA OF BILL:

Amend the executive law to both define and establish requirements for
personalized handguns.

 
SUMMARY OF PROVISIONS:

Section one of the bill sets forth that this act shall be known and may
be cited as the "safer weapons, safer homes act".

Section two of the bill amends section 835 of the executive law to
define a personalized handgun and authorized user.

Section three of the bill amends the executive law by adding a new
section 837-y that would require the division of criminal justice to
engage in an investigation to certify the technological viability of
personalized handguns. The division shall establish performance stand-
ards and testing protocols for personalized handguns. This section also
requires the division to maintain a roster of all personalized handguns
approved for retail sale. This roster shall be made available to regis-
tered and licensed firearms dealers in the state at least every six
months. Additionally, the amendment requires each licensed firearms
retailer to have on its premises at least one personalized handgun
available for sale within two years from the date of certification of
the technology's viability, except in cases where such a requirement
would impose a significant financial burden.

Section four of the bill sets forth the effective date.

 
JUSTIFICATION:

User-authenticated or personalized handguns have the potential to stem
violence and ensure the safety of New Yorkers. Violence from accidental
gun discharge causes incredible harm with more than 300 children unin-
tentionally shooting themselves or someone else each year. In 2020, this
resulted in the deaths of over 120 people.  Personalized handguns would
stop children from being able to shoot guns that are left out or improp-
erly stored. This would help prevent school shootings as well, as most
shootings have followed the shooter taking the weapon from their or a
neighbor's home. Moreover, approximately 380,000 guns are stolen from
owners each year.  Personalized handguns would prevent those weapons
from being used in other crimes or against their owners.

This bill creates a sensible regulatory environment to review the safety
of these weapons and provide gun owners with a more secure choice. The
past decade has seen significant progress in the technology of these
weapons; this bill will allow New York to take advantage of these new
safeguards as they arrive.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7802A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7802--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 11, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee and committed to the  Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT to amend the executive law, in relation to defining personalized
   handguns and requiring the division of criminal  justice  services  to
   certify  the  technological  viability of personalized handguns and to
   establish requirements related to the sale of personalized handguns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "safer
 weapons, safer homes act".
   § 2. Section 835 of the executive law is amended  by  adding  two  new
 subdivisions 12 and 13 to read as follows:
   12.  "PERSONALIZED  HANDGUN" MEANS A PISTOL OR REVOLVER WHICH INCORPO-
 RATES WITHIN ITS DESIGN A PERMANENT PROGRAMMABLE FEATURE AS PART OF  ITS
 MANUFACTURE  THAT  CANNOT  BE  DEACTIVATED  AND RENDERS THE PERSONALIZED
 HANDGUN REASONABLY RESISTANT TO BEING FIRED EXCEPT WHEN ACTIVATED BY THE
 LAWFUL OWNER OR OTHER USER AUTHORIZED BY THE LAWFUL OWNER.  NO  MAKE  OR
 MODEL  OF  A  PISTOL  OR  REVOLVER SHALL BE DEEMED TO BE A "PERSONALIZED
 HANDGUN" UNLESS THE DIVISION OF CRIMINAL JUSTICE SERVICES HAS DETERMINED
 THE PERSONALIZED HANDGUN MEETS THE  STANDARDS  ESTABLISHED  PURSUANT  TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-Y OF THIS ARTICLE.
   13.  "AUTHORIZED  USER" MEANS THE OWNER OF A PERSONALIZED HANDGUN OR A
 PERSON TO WHOM SUCH OWNER HAS GIVEN  CONSENT  TO  USE  THE  PERSONALIZED
 HANDGUN.
   §  3.  The  executive  law is amended by adding a new section 837-y to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10253-06-4
 S. 7802--A                          2

 
   § 837-Y. PERSONALIZED HANDGUNS; TECHNOLOGICAL VIABILITY  AND  REQUIRE-
 MENTS.  1. AS USED IN THIS SECTION, THE TERMS "PERSONALIZED HANDGUN" AND
 "AUTHORIZED USER" SHALL HAVE THE SAME MEANINGS AS  DEFINED  IN  SUBDIVI-
 SIONS  TWELVE AND THIRTEEN, RESPECTIVELY, OF SECTION EIGHT HUNDRED THIR-
 TY-FIVE OF THIS ARTICLE.
   2.  THE DIVISION OR A DESIGNEE SHALL WITHIN ONE HUNDRED EIGHTY DAYS OF
 THE EFFECTIVE DATE OF THIS SECTION:
   (A) ENGAGE IN AND COMPLETE AN INVESTIGATION TO CERTIFY THE  TECHNOLOG-
 ICAL VIABILITY OF PERSONALIZED HANDGUNS; AND
   (B) CERTIFY OR DECLINE TO CERTIFY THAT PERSONALIZED HANDGUNS ARE TECH-
 NOLOGICALLY VIABLE.
   3.  FOLLOWING  A  CERTIFICATION  BY  THE  DIVISION  OR A DESIGNEE THAT
 PERSONALIZED HANDGUNS ARE TECHNOLOGICALLY VIABLE, THE DIVISION SHALL:
   (A) WITHIN THREE HUNDRED SIXTY-FIVE DAYS  FROM  THE  DATE  OF  CERTIF-
 ICATION  OF THE VIABILITY OF SUCH TECHNOLOGY BY THE DIVISION OR A DESIG-
 NEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION,  ESTABLISH  PERFORMANCE
 STANDARDS,  QUALIFYING  CRITERIA AND TESTING PROTOCOLS APPLICABLE TO THE
 EXAMINATION AND VERIFICATION OF PERSONALIZED HANDGUNS.
   (B) WITHIN TWO YEARS FROM THE DATE OF CERTIFICATION OF  THE  VIABILITY
 OF SUCH TECHNOLOGY BY THE DIVISION OR A DESIGNEE PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION, ESTABLISH AND MAINTAIN A ROSTER OF ALL PERSONALIZED
 HANDGUNS  APPROVED  FOR RETAIL SALES TO THE PUBLIC. SUCH ROSTER SHALL BE
 PUBLISHED ON THE DIVISION'S WEBSITE AND SHALL BE UPDATED AT LEAST  EVERY
 SIX  MONTHS. A COPY OF SUCH ROSTER SHALL BE MADE AVAILABLE TO REGISTERED
 AND LICENSED FIREARMS DEALERS IN THE STATE AT LEAST EVERY SIX MONTHS.
   4. THE DIVISION SHALL REPORT TO THE LEGISLATURE ON  THE  TECHNOLOGICAL
 VIABILITY OF PERSONALIZED HANDGUNS.  THE DIVISION SHALL REPORT ANY FIND-
 INGS  TO  THE LEGISLATURE OF ANY PERSONALIZED HANDGUN THAT IS NOT VIABLE
 AND IS UNABLE TO BE CERTIFIED.
   5. THE DIVISION SHALL PROMULGATE ANY RULE  OR  REGULATION  AS  MAY  BE
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.

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