New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S06649 Summary:

S06649 Actions:

S06649 Committee Votes:

S06649 Floor Votes:

S06649 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6649
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       May 3, 2023
                                       ___________
 
        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to warnings to be posted  and
          provided by firearms dealers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 400.00 of the penal law is amended by adding a  new
     2  subdivision 20 to read as follows:
     3    20. Firearms dealers; required warnings. (a) (i) Every person licensed
     4  as a gunsmith or a dealer in firearms shall post the following notice at
     5  the site where such weapons or firearms are sold, displayed or delivered
     6  to  the purchaser, at the entrance to the site and in at least one addi-
     7  tional area where sales occur, conspicuously stating, in no smaller than
     8  twenty-six-point type on a sign at least eight and  one-half  by  eleven
     9  inches in bold print:
 
    10                                   WARNING
 
    11    ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
    12    RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
    13              DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
 
    14   IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
    15              THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
    16    (ii)  Every firearms dealer shall distribute a notice to the purchaser
    17  at the time of each individual sale of a weapon or firearm, conspicuous-
    18  ly stating, in no smaller than twenty-six-point type  and  on  paper  at
    19  least  eight  and  one-half by eleven inches in bold print the following
    20  warning:
 
    21                                   WARNING
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01543-01-3
        S. 6649                             2
 
     1    ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
     2    RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
     3              DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
 
     4   IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
     5              THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
 
     6    (iii) Upon the issuance of or amendment to a firearm or weapon license
     7  and/or    permit,    the    licensing    officer   shall   provide   the
     8  licensee/permittee a written copy  of  a  warning  notice  conspicuously
     9  stating  in  no smaller than twenty-six-point type and on paper at least
    10  eight and one-half by eleven inches in bold print the following warning:
 
    11                                   WARNING
 
    12    ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
    13    RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
    14              DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.
 
    15   IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
    16              THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
 
    17    (b) No licensing officer, local government, or  any  employee  thereof
    18  shall  be liable to any person by reason of any injury or damage result-
    19  ing from the failure of any gunsmith or firearms dealer to  comply  with
    20  this  subdivision or in consequence of any act or omission in connection
    21  with the implementation or enforcement of this subdivision.
    22    (c) (i) Failure to comply with any provision of this subdivision shall
    23  be a violation punishable by imprisonment of not more than fifteen  days
    24  or  by  a  fine of not more than one thousand dollars, or both. Each day
    25  that a violation continues shall be deemed a separate offense.
    26    (ii) The provisions of this subdivision shall be enforced within  each
    27  municipality  by the applicable local police force, including town, city
    28  and village police departments which officers are  authorized  to  issue
    29  appearance tickets. Appearance tickets shall be served personally.
    30    (d)  The  provisions of this subdivision shall not supersede any local
    31  law or ordinance that imposes stricter  disclosure  or  notice  require-
    32  ments;  and notices required by this subdivision shall be in addition to
    33  any other notices required by any other federal,  state  or  local  law,
    34  ordinance, rule or regulation.
    35    §  2.  This  act shall take effect on the ninetieth day after it shall
    36  have become a law.