S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    437
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to requiring warnings regard-
   ing  rifles  and  shotguns; and to amend a chapter of the laws of 2024
   amending the penal law relating to warnings to be posted and  provided
   by  firearms  dealers, as proposed in legislative bills numbers S.6649
   and A. 2882, in relation to making certain technical corrections ther-
   eto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 20 of section 400.00 of the penal law, as added
 by  a  chapter  of  the  laws of 2024 amending the penal law relating to
 warnings to be posted and provided by firearms dealers, as  proposed  in
 legislative  bills  numbers  S.6649  and  A. 2882, is amended to read as
 follows:
   20. Firearms dealers; required warnings. (a) (i) Every person licensed
 as a gunsmith or a dealer in firearms shall post the following notice at
 the site where such [weapons] RIFLES, SHOTGUNS, or  firearms  are  sold,
 displayed or delivered to the purchaser, at the entrance to the site and
 in  at  least one additional area where sales occur, conspicuously stat-
 ing, in no smaller than twenty-six-point type on a sign at  least  eight
 and one-half by eleven inches in bold print:
 
                                  WARNING
 
                   ACCESS TO A [WEAPON] RIFLE, SHOTGUN,
            OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
   RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
             DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02673-01-5
              

 A. 437                              2
 
  IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
             THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
   (ii)  Every firearms dealer shall distribute a notice to the purchaser
 at the time of each individual sale of a [weapon]   RIFLE,  SHOTGUN,  or
 firearm, conspicuously stating, in no smaller than twenty-six-point type
 and  on paper at least eight and one-half by eleven inches in bold print
 the following warning:
 
                                  WARNING
 
                   ACCESS TO A [WEAPON] RIFLE, SHOTGUN,
            OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
   RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
             DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
 
  IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
             THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
 
   (iii) Upon the issuance of  or  amendment  to  a  RIFLE,  SHOTGUN,  OR
 firearm  [or  weapon] license and/or permit, the licensing officer shall
 provide the licensee/permittee  a  written  copy  of  a  warning  notice
 conspicuously  stating  in  no smaller than twenty-six-point type and on
 paper at least eight and one-half by eleven inches  in  bold  print  the
 following warning:
 
                                  WARNING
 
                   ACCESS TO A [WEAPON] RIFLE, SHOTGUN,
            OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
   RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
             DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
 
  IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
             THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
 
   (b)  No  licensing  officer, local government, or any employee thereof
 shall be liable to any person by reason of any injury or damage  result-
 ing  from  the failure of any gunsmith or firearms dealer to comply with
 this subdivision or in consequence of any act or omission in  connection
 with the implementation or enforcement of this subdivision.
   (c)  [(i)  Failure  to  comply  with any provision of this subdivision
 shall be] ANY PERSON, FIRM, OR CORPORATION REQUIRED TO POST OR  DISTRIB-
 UTE  WARNINGS  PURSUANT  TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (A) OF
 THIS SUBDIVISION WHO FAILS TO POST OR DISTRIBUTE IN THE MANNER  PROVIDED
 FOR  IN  SUCH  PROVISIONS  SHALL  BE GUILTY OF a violation punishable by
 imprisonment of not more than fifteen days or by a fine of not more than
 one thousand dollars, or both. Each day that a violation continues shall
 be deemed a separate offense.
   [(ii) The provisions of this subdivision shall be enforced within each
 municipality by the applicable local police force, including town,  city
 and  village  police  departments which officers are authorized to issue
 appearance tickets. Appearance tickets shall be served personally.]
   (d) The provisions of this subdivision shall not supersede  any  local
 law  or  ordinance  that  imposes stricter disclosure or notice require-
 ments; and notices required by this subdivision shall be in addition  to
 A. 437                              3
 
 any  other  notices  required  by any other federal, state or local law,
 ordinance, rule or regulation.
   § 2. Section 2 of a chapter of the laws of 2024 amending the penal law
 relating  to  warnings to be posted and provided by firearms dealers, as
 proposed in legislative bills numbers S.6649 and A. 2882, is  renumbered
 section 3 and a new section 2 is added to read as follows:
   § 2. SEVERABILITY CLAUSE. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
 SION,  SECTION  OR  PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF
 COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,
 IMPAIR,  OR  INVALIDATE  THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN
 ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION,  SECTION
 OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
 MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF
 THE  LEGISLATURE  THAT  THIS  ACT  WOULD  HAVE BEEN ENACTED EVEN IF SUCH
 INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2024 amending the penal law relating
 to warnings to be posted and provided by firearms dealers,  as  proposed
 in legislative bills numbers S.6649 and A. 2882, takes effect.