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A09373 Summary:

BILL NOA09373
 
SAME ASSAME AS S08608
 
SPONSORMcDonald
 
COSPNSR
 
MLTSPNSR
 
Add §169, St Fin L
 
Requires bidders on contracts to purchase firearms, ammunition, and firearm accessories follow certain requirements to ensure public safety.
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A09373 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9373
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to  amend the state finance law, in relation to the purchase of
          firearms, ammunition, and firearm accessories
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  state finance law is amended by adding a new section
     2  169 to read as follows:
     3    § 169. Firearms, ammunition, and firearm accessories.  1. As  used  in
     4  this section:
     5    (a) "Dealer" means a gunsmith or dealers in firearms licensed pursuant
     6  to section 400.00 of the penal law.
     7    (b) "Firearm" has the same meaning as that term is defined in subdivi-
     8  sion three of section 265.00 of the penal law.
     9    (c) "Firearm accessory" means a supplementary item designed to enhance
    10  a  firearm's functionality, performance, or user experience or to modify
    11  a firearm or external gear used in conjunction with a  firearm,  includ-
    12  ing,  but  not  limited  to, the following: sights and optics; holsters;
    13  magazines; grips; slings; muzzle devices, suppressors, compensators, and
    14  flash hiders; bipods; trigger upgrades and conversion devices;  cleaning
    15  kits; and ammunition carriers.
    16    (d)  "Firearm  precursor  part"  means any forging, casting, printing,
    17  extrusion, machined body, or similar object that has reached a stage  in
    18  manufacture  where  it may readily be completed, assembled, or converted
    19  to be used as a firearm frame or receiver, or that is marketed  or  sold
    20  to  the  public to become or be used as a firearm frame or receiver once
    21  completed, assembled, or converted.
    22    2. Notwithstanding any other provision of law, all state agencies  and
    23  authorities shall only purchase firearms, ammunition, and firearm acces-
    24  sories  from  dealers  which  do not sell unserialized gun build kits or
    25  firearm precursor parts, including, but  not  limited  to,  unserialized
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13949-01-5

        A. 9373                             2
 
     1  firearms,  unserialized  unfinished  frames, and unserialized unfinished
     2  receivers.
     3    3.  (a) All state agencies and authorities shall require a person that
     4  submits a bid or offer in response to a notice of procurement,  or  that
     5  proposes  to  renew an existing procurement contract with a state agency
     6  or proposes to assume the responsibility of a contractor pursuant  to  a
     7  procurement  contract with a state agency or otherwise proposes to enter
     8  into a contract with a state agency  with  respect  to  a  contract  for
     9  firearms,  ammunition,  and firearm accessories certify, at the time the
    10  bid is submitted or the contract is renewed  or  assigned  and  annually
    11  thereafter, to the commissioner:
    12    (i) a copy of all required valid licenses, permits, or certificates;
    13    (ii)  materials documenting the number of trace requests received from
    14  the federal Bureau of Alcohol, Tobacco,  Firearms,  and  Explosives  for
    15  each  year within the past five calendar years, and the time between the
    16  sale of a firearm subject to such trace request and the receipt of  such
    17  request.  If  such a person is unable to provide sufficient materials, a
    18  declaration explaining why they are unable to do so and the  steps  they
    19  are taking to be able to do so within a year;
    20    (iii)  materials documenting any thefts or losses of firearms, ammuni-
    21  tion, or firearm accessories from such person's premises  for  the  past
    22  five  calendar years. In the event that such person is unable to provide
    23  sufficient materials, a declaration explaining why they are unable to do
    24  so;
    25    (iv)  copies  of  the  two  most  recent  inspection  reports  of  any
    26  inspection  conducted  by  a  federal, state, or local agency focused on
    27  compliance with firearm or ammunition laws, including, but  not  limited
    28  to,  any follow-up materials documenting administrative actions taken by
    29  such agency;
    30    (v) materials documenting such person's corrective  actions  taken  in
    31  response  to  a  finding  of  noncompliance or violation of any federal,
    32  state, or local firearm, ammunition, or  firearm  accessory  law,  regu-
    33  lation, or other requirement, if applicable; and
    34    (vi)  affirm  compliance with all applicable local, state, and federal
    35  laws related to  the  sale  or  transfer  of  firearms,  ammunition  and
    36  firearms accessories.
    37    (b)  All  state  agencies  and authorities shall require a person that
    38  submits a bid or offer in response to a notice of procurement,  or  that
    39  proposes  to  renew an existing procurement contract with a state agency
    40  or proposes to assume the responsibility of a contractor pursuant  to  a
    41  procurement  contract with a state agency or otherwise proposes to enter
    42  into a contract with a state agency  with  respect  to  a  contract  for
    43  firearms,  ammunition,  and firearm accessories certify, at the time the
    44  bid is submitted or the contract is renewed or assigned, annually there-
    45  after, and at the request of such state agency or authority,  any  prac-
    46  tices  or  policies  of  such  person including, but not limited to, any
    47  amendments to such practices or policies made during the  bidding  proc-
    48  ess,  in  effect  or adopted by such person, or required by any contract
    49  term that:
    50    (1) prevent, detect, and screen for the transfer of firearms,  ammuni-
    51  tion,  or firearm accessories in a straw purchase, as defined in section
    52  eight hundred seventy-five-a of the general business law, or to  firearm
    53  traffickers;
    54    (2)  prevent, detect, and screen against the sale of firearms, ammuni-
    55  tion, or firearm accessories to an individual prohibited from possessing
    56  a firearm by federal, state, or local law, or court order;

        A. 9373                             3
 
     1    (3) prevent, detect, and document the theft or loss of firearms, ammu-
     2  nition, or firearm accessories;
     3    (4)  train employees to ensure compliance with all applicable federal,
     4  state, and local firearms, ammunition, and firearm accessories laws  and
     5  regulations;
     6    (5) assist law enforcement agencies in the investigation or prevention
     7  of criminal access to firearms, ammunition, or firearm accessories; and
     8    (6) operate a digital video surveillance system.
     9    4. The commissioner shall, in collaboration with the attorney general,
    10  develop  processes  and procedures to implement this section which shall
    11  include, but not be limited to, a process to  administer  and  assess  a
    12  person that submits a bid or offer's compliance with the requirements of
    13  this  section.  Such processes and procedures may include, but shall not
    14  be limited to, prequalifying persons in compliance with this section and
    15  the creation of a  public  safety  values  scoring  system  relating  to
    16  firearms,  ammunition, and firearm accessories for persons that submit a
    17  bid or offer.
    18    § 2. This act shall take effect April 1, 2027.
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