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A06346 Summary:

BILL NOA06346
 
SAME ASSAME AS S03444
 
SPONSOREnglebright
 
COSPNSRLentol, Ortiz, Kavanagh
 
MLTSPNSRColton, Cymbrowitz, Galef
 
Add 265.18, Pen L
 
Prohibits persons, firms or corporations engaged in the retail business of selling firearms from selling, delivering or transferring child operated firearms; defines "child operated firearm" to mean a pistol or revolver manufactured 1 year after the effective date of these provisions which does not contain a childproofing device or mechanism incorporated into the design of such pistol or revolver to effectively preclude an average 5 year old from firing same; makes violations a class A misdemeanor.
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A06346 Actions:

BILL NOA06346
 
03/02/2017referred to codes
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A06346 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6346
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to the sale of child operated firearms   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun.   SUMMARY OF PROVISIONS: This bill would prohibit the sale of pistols or revolvers by any person, firm or corporation in the retail business of selling guns which does not contain child proofing features built into the design of the gun. The prohibition would apply to pistols or revolvers manufactured twelve or more months after the effective date of the bill. A violation of this provision would be a class A misdemeanor.   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently there is no requirement that pistol or revolvers contain child proofing design features for such guns.   JUSTIFICATION: According to the Archives of Pediatrics and Adolescent Medicine, 85% of 3- to 4- year olds are strong enough to pull the trigger of a gun - a recipe for disaster. But such tragedies involving young children can be prevented; the technology to do so is readily available. In an historic agreement recently reached between Smith & Wesson and the Departments of the Treasury and Housing and Urban Development, Local Governments and States, Smith & Wesson agreed that, within a 12 month period, all of its handguns will be designed so that they cannot be readily operated by a child under 6. This bill will have the effect of ensuring that all handguns sold at retail in New York will meet the standards agreed to by Smith & Wesson.   PRIOR LEGISLATIVE HISTORY: 2003-04 A3311 passed assembly 2005-06 A2302 passed assembly 2007-08 A829 passed assembly 2009-10 A1326A amended on 3rd reading 2011-12 A3936 referred to codes 2013-14 A3584 referred to codes 2015-16 A2178 referred to codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: First of November next succeeding the date on which it shall have become a law.
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A06346 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6346
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2017
                                       ___________
 
        Introduced  by  M.  of A. ENGLEBRIGHT, LENTOL, ORTIZ, KAVANAGH -- Multi-
          Sponsored by -- M. of A. COLTON, CYMBROWITZ, GALEF --  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  § 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.
    23    4. Any person, firm or corporation who violates the provisions of this
    24  section shall be guilty of a class A misdemeanor.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03251-01-7
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