Senate Bill S7802

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

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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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Bill Amendments

2023-S7802 - Details

Current Committee:
Senate Finance
Law Section:
Penal Law
Laws Affected:
Amd §265.00, Pen L; 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

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
              

2023-S7802A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Penal Law
Laws Affected:
Amd §265.00, Pen L; add §837-y, Exec L

2023-S7802A (ACTIVE) - 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-S7802A (ACTIVE) - Sponsor Memo

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
              

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