Requires state agencies and certain covered authorities to purchase handguns from responsible suppliers; defines criteria therefor; provides for exceptions.
STATE OF NEW YORK
________________________________________________________________________
87
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH, PEOPLES-STOKES, JAFFEE, ROBINSON,
CAMARA, O'DONNELL -- Multi-Sponsored by -- M. of A. ARROYO,
BROOK-KRASNY, GOTTFRIED, LIFTON, McDONOUGH, TITONE, WEISENBERG, WRIGHT
-- read once and referred to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to the procurement of
handguns by state agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Declaration of legislative findings and intent. The legis-
2 lature finds that it is in the state's best interest to procure handguns
3 for use by state employees in the performance of their duties from
4 responsible suppliers that are committed to a standard of conduct which
5 makes every effort to eliminate sales of guns that might lead to illegal
6 possession and/or misuse by criminals, unauthorized juveniles, and other
7 prohibited persons.
8 Over 30,000 people in the United States die each year from gunfire,
9 including 4,200 children. On average, firearms kill approximately nine
10 American children every day. In New York City, firearms, predominantly
11 handguns, are used in approximately sixty-six percent of the murders
12 committed each year. More than twice the number of individuals murdered
13 with a firearm suffered injuries inflicted by firearms. Handguns are
14 also used in a high percentage of other crimes, including robbery, felo-
15 ny reckless endangerment and menacing.
16 Government agencies purchase approximately twenty-five percent of all
17 guns sold in the United States, including guns for police forces,
18 correctional services, and public safety agencies. The state is a major
19 purchaser of handguns for use by the state's various law enforcement
20 agencies. The legislature finds that the state, acting with the
21 discretion allowed any private participant in the market, should choose
22 to allocate its purchasing dollars in a manner that promotes the respon-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01079-02-3
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1 sible manufacture, shipment, and distribution of handguns. In further-
2 ance of this goal, this legislation requires that state agencies
3 purchase handguns from suppliers that refrain from marketing or manufac-
4 turing handguns in a manner that is attractive to criminals and juve-
5 niles, as well as adhere to other provisions designed to minimize the
6 risk to innocent third parties and to prevent handguns from leaving the
7 legal stream of commerce. Nevertheless, the legislature recognizes that
8 handguns which satisfy the standards required by this legislation may
9 not be suitable for law enforcement needs, thus, the legislation
10 provides an exception if necessary for handguns procured for law
11 enforcement or military uses.
12 The legislature finds that it is imperative that the state spend its
13 citizens' money in a manner that promotes the safety and well-being of
14 all residents. Accordingly, the legislature finds that when procuring
15 handguns, the state should do so from responsible manufacturers whenever
16 possible.
17 § 2. The state finance law is amended by adding a new section 169 to
18 read as follows:
19 § 169. Purchase of handguns. 1. For the purposes of this section
20 only, the following terms shall have the following meanings:
21 (a) "Contract" means any written agreement, purchase order, or instru-
22 ment whereby a contracting agency is committed to expend or does expend
23 funds in return for work, labor, services, supplies, equipment, materi-
24 als, or any combination of the foregoing.
25 (b) "Responsible supplier" means that the supplier of handguns,
26 including a manufacturer, retail dealer, and/or wholesale dealer, is
27 able to demonstrate that it is committed to a standard of conduct which
28 makes every reasonable effort to eliminate sales of weapons that might
29 lead to illegal possession and/or misuse by criminals, unauthorized
30 juveniles, and other prohibited persons. This standard includes demon-
31 strated compliance with the following provisions:
32 (1) does not sell weapons to dealers who have sold more than twenty
33 weapons within any continuous twelve month period in the preceding five
34 years traced to use in a crime or illegal possession, as determined by
35 the United States Bureau of Alcohol, Tobacco, Firearms and Explosives or
36 who have not, on their own, sold weapons, twenty or more of which within
37 any continuous twelve month period in the preceding five years are
38 traced to use in a crime or illegal possession, as determined by the
39 United States Bureau of Alcohol, Tobacco, Firearms and Explosives;
40 (2) makes no sales at gun shows or alternative venues unless such
41 sales at the gun show or alternative venue are conducted only upon
42 completion of a background check and all sellers at the gun show or
43 alternative venue agree to conduct sales only upon completion of a back-
44 ground check as dictated by state and federal law for sale at a retail
45 gun store;
46 (3) (i) in the case of a manufacturer selling weapons to dealers, only
47 sells to dealers who operate a retail shop located at a fixed address,
48 or (ii) in the case of retail or wholesale dealers where:
49 a. the dealer maintains an electronic database of make, model, caliber
50 or gauge, and serial number of all weapons held in inventory or offered
51 for sale;
52 b. the dealer maintains an electronic database of make, model, caliber
53 or gauge, and serial number of all weapons sold and the name and license
54 number of all purchasers; and
55 c. the dealer makes visible all permits and legally required signage;
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1 (4) provides full access of aforementioned records to law enforcement
2 and government regulators conducting compliance inspections;
3 (5) limits purchases by any individual in any given thirty day period
4 to one weapon; and
5 (6) implements a security plan for securing weapons in transit.
6 (c) "Contracting agency" means a state agency or covered authority.
7 (d) "Contractor" means any supplier, by sale or lease, of handguns to
8 a contracting agency.
9 (e) "Handgun" means a revolver or semi-automatic pistol designed to
10 expel a projectile by the action of an explosive.
11 (f) "State agent" means any individual who, as part of his or her
12 official duties, purchases or leases a handgun financed in whole or in
13 part by a contracting agency for performance of official duties.
14 2. A contracting agency shall only enter into a contract to purchase
15 or obtain for any purpose handguns from a responsible supplier, and a
16 state agent shall only purchase or lease a handgun for use in perform-
17 ance of official duties from a responsible supplier.
18 3. The superintendent of state police shall promulgate rules specify-
19 ing the documents and information that contractors must provide to the
20 contracting agency for purposes of subparagraph three of paragraph (b)
21 of subdivision one of this section.
22 4. Upon a determination that a contractor is in violation of this
23 section, the contracting agency shall review such information and offer
24 the contractor an opportunity to respond. If the contracting agency
25 finds that a violation has occurred, it shall take such action as may be
26 appropriate and provided for by law, rule or contract, including, but
27 not limited to, imposing sanctions, seeking compliance, recovering
28 damages, declaring the contractor in default, seeking debarment or
29 suspension of the contractor and/or deeming it as non-responsible.
30 5. Every contract for or on behalf of all contracting agencies for the
31 supply of handguns shall contain a provision or provisions detailing the
32 requirements of this section.
33 6. With regard to a "contracting agency", the requirements of this
34 section shall be waived in writing under the following circumstances:
35 (a) there is only one prospective contractor willing to enter into a
36 contract; or
37 (b) where it is determined that all bidders to a contract are deemed
38 ineligible for purposes of this section; or
39 (c) where it is available from a sole source and the prospective
40 contractor is not currently disqualified from doing business with the
41 contracting agency; or
42 (d) the contract is necessary in order to respond to an emergency
43 which endangers the public health and safety and no entity which
44 complies with the requirements of this section capable of responding to
45 the emergency is immediately available; or
46 (e) where a contracting agency whose primary responsibility is law
47 enforcement deems it necessary to purchase handguns from other than a
48 responsible supplier; or
49 (f) where inclusion or application of such provisions will violate or
50 be inconsistent with the terms and conditions of a grant, subvention, or
51 contract of the United States or New York state government or the
52 instructions of an authorized representative of any such agency with
53 respect to any such grant, subvention, or contract.
54 All written waivers shall become part of the contract file of the
55 contracting agency. Notwithstanding any waiver, the contracting agency
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1 shall take every reasonable measure to contract with a manufacturer or
2 dealer who best satisfies the requirements of this section.
3 7. With regard to "State agents", the requirements of this section
4 shall be waived in writing under the following circumstances:
5 (a) the employer of the state agent determines that there is only one
6 prospective supplier willing or able to supply such handgun; or
7 (b) where the employer of the state agent determines that all prospec-
8 tive suppliers are deemed ineligible for purposes of this section; or
9 (c) where the employer of the state agent determines that the handgun
10 is available only from a sole source and the prospective supplier is not
11 currently disqualified from doing business with the contracting agency;
12 or
13 (d) the employer of the state agent determines that it is necessary in
14 order to respond to an emergency which endangers the public health and
15 safety and no entity which complies with the requirements of this
16 section capable of responding to the emergency is immediately available;
17 or
18 (e) where the employer of the state agent whose primary responsibility
19 is law enforcement deems it necessary to purchase handguns from other
20 than a responsible supplier; or
21 (f) where the employer of the state agent deems that the inclusion or
22 application of such provisions will violate or be inconsistent with the
23 terms and conditions of a grant, subvention, or contract of the United
24 States or New York state government or the instructions of an authorized
25 representative of any such agency with respect to any such grant,
26 subvention or contract.
27 8. This section shall not apply to any contract with a contracting
28 agency entered into prior to the effective date of this section.
29 9. If any subdivision, paragraph, subparagraph, sentence, clause,
30 phrase, or other portion of this section is, for any reason, declared
31 unconstitutional or invalid, in whole or in part, by any court of compe-
32 tent jurisdiction, such portion shall be deemed severable, and such
33 unconstitutionality or invalidity shall not affect the validity of the
34 remaining portions of this section, which remaining portions shall
35 continue in full force and effect.
36 § 3. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law.
