S T A T E O F N E W Y O R K
________________________________________________________________________
743
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. GIANARIS -- 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 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
S. 743 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
S. 743 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.
