S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1326

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced  by  M.  of  A.  ENGLEBRIGHT, LENTOL, ORTIZ, KOON, ESPAILLAT,
         KAVANAGH, SCHIMEL -- Multi-Sponsored by -- M. of A.  COLTON,  CYMBROW-
         ITZ,  GALEF, JOHN, MAYERSOHN, MILLMAN, PHEFFER, TOWNS -- read once and
         referred 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:

    1    Section  1. The penal law is amended by adding a new section 265.18 to
    2  read as follows:
    3  S 265.18 SALE OF CHILD OPERATED FIREARMS; CHILDPROOFING.
    4    1. NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  ENGAGED
    5  IN  THE  RETAIL  BUSINESS  OF SELLING RIFLES, SHOTGUNS OR FIREARMS SHALL
    6  SELL, DELIVER OR TRANSFER ANY CHILD OPERATED FIREARM TO ANOTHER PERSON.
    7    2. FOR PURPOSES OF THIS SECTION,  "CHILD  OPERATED  FIREARM"  MEANS  A
    8  PISTOL  OR  REVOLVER MANUFACTURED TWELVE MONTHS OR MORE AFTER THE EFFEC-
    9  TIVE DATE OF THIS SECTION WHICH DOES NOT CONTAIN A CHILDPROOFING  DEVICE
   10  OR  MECHANISM INCORPORATED INTO THE DESIGN OF SUCH PISTOL OR REVOLVER TO
   11  EFFECTIVELY PRECLUDE AN AVERAGE FIVE YEAR OLD CHILD FROM  OPERATING  THE
   12  PISTOL OR REVOLVER. SUCH DEVICES OR MECHANISMS SHALL INCLUDE, BUT NOT BE
   13  LIMITED  TO: THE CAPACITY TO ADJUST THE TRIGGER RESISTANCE TO AT LEAST A
   14  TEN POUND PULL, THE CAPACITY TO ALTER THE FIRING MECHANISM  SO  THAT  AN
   15  AVERAGE  FIVE YEAR OLD CHILD'S HANDS ARE TOO SMALL TO OPERATE THE PISTOL
   16  OR REVOLVER, OR THE CAPACITY TO REQUIRE A SERIES OF MULTIPLE MOTIONS  IN
   17  ORDER TO FIRE THE PISTOL OR REVOLVER.
   18    3.  THE SUPERINTENDENT OF THE STATE POLICE SHALL, IN CONSULTATION WITH
   19  SUCH GUN MANUFACTURERS AS SUCH SUPERINTENDENT DEEMS  APPROPRIATE,  ADOPT
   20  RULES  AND  REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR CHILDPROOFING
   21  DEVICES OR MECHANISMS TO ENSURE THAT SUCH CHILDPROOFING DEVICES OR MECH-
   22  ANISMS ARE SAFE AND EFFECTIVE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A                                                          LBD02037-01-9
       A. 1326                             2

    1    4. ANY PERSON, FIRM OR CORPORATION WHO VIOLATES THE PROVISIONS OF THIS
    2  SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.