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A09373 Summary:

BILL NOA09373A
 
SAME ASNo Same As
 
SPONSORMcDonald
 
COSPNSRPaulin, Glick, Griffin, Colton, Shimsky, McMahon, Dinowitz, Rosenthal, Simon, Reyes, Cunningham, Valdez
 
MLTSPNSR
 
Add §139-n, St Fin L
 
Requires bidders on contracts to purchase firearms, ammunition, and firearm accessories to submit a statement that the bidder is licensed and in compliance with all applicable federal, state, and local laws, rules and regulations relating to the sale, transfer, storage and disposition of firearms, ammunition and firearm accessories.
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A09373 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9373--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced  by  M. of A. McDONALD, PAULIN, GLICK, GRIFFIN, COLTON, SHIM-
          SKY, McMAHON, DINOWITZ, ROSENTHAL, SIMON, REYES, CUNNINGHAM, VALDEZ --
          read once and referred to the Committee on Governmental Operations  --
          recommitted  to the Committee on Governmental Operations in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        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  139-n to read as follows:
     3    § 139-n. Statement in bids for the purchase of  firearms,  ammunition,
     4  and firearm accessories. 1. (a) Every bid hereafter made to the state or
     5  any  public  department  or agency thereof, where competitive bidding is
     6  required by statute, rule or regulation, for the purchase  of  firearms,
     7  ammunition,  or  firearm accessories, shall contain the following state-
     8  ment subscribed by the bidder and affirmed by such bidder as true  under
     9  the penalty of perjury:
    10    "By  submission  of  this  bid, each bidder and each person signing on
    11  behalf of any bidder certifies, and in the case  of  a  joint  bid  each
    12  party  thereto  certifies  as  to its own organization, under penalty of
    13  perjury, that the bidder:
    14    (i) is duly licensed pursuant to applicable federal, state, and  local
    15  law  to  sell  or transfer firearms, ammunition, or firearm accessories,
    16  where such licensure is required;
    17    (ii) is in compliance with all applicable federal,  state,  and  local
    18  laws,  rules,  and  regulations relating to the sale, transfer, storage,
    19  and disposition of firearms, ammunition, and firearm accessories;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13949-02-6

        A. 9373--A                          2
 
     1    (iii) does not sell, offer for sale, advertise, market, distribute, or
     2  otherwise transfer unserialized gun  build  kits  or  firearm  precursor
     3  parts;
     4    (iv)  has  and  has implemented written policies, procedures, or prac-
     5  tices to prevent, detect, and screen for  straw  purchases  and  firearm
     6  trafficking;
     7    (v) has and has implemented written policies, procedures, or practices
     8  to prevent, detect, and screen against the sale or transfer of firearms,
     9  ammunition,  or  firearm  accessories  to any individual prohibited from
    10  possessing a firearm by federal, state, or local law or court order;
    11    (vi) has and has implemented written policies,  procedures,  or  prac-
    12  tices  to  prevent,  detect,  document,  and report the theft or loss of
    13  firearms, ammunition, or firearm accessories;
    14    (vii) provides training to employees regarding compliance with  appli-
    15  cable federal, state, and local laws, rules, and regulations relating to
    16  the  sale  or transfer of firearms, ammunition, and firearm accessories;
    17  and
    18    (viii) operates a digital video surveillance system at  each  premises
    19  where  firearms, ammunition, or firearm accessories are sold, stored, or
    20  transferred."
    21    (b) Every bid hereafter made to the state or any public department  or
    22  agency  thereof,  where  competitive bidding is not required by statute,
    23  rule or regulation, for the purchase of firearms, ammunition, or firearm
    24  accessories, may contain, at the discretion of the department, agency or
    25  official, the certification required pursuant to paragraph (a)  of  this
    26  subdivision.
    27    2.  Notwithstanding the foregoing, the statement required by paragraph
    28  (a) of subdivision one of this section may be  submitted  electronically
    29  in  accordance  with  the provisions of subdivision seven of section one
    30  hundred sixty-three of this chapter.
    31    3. A bid shall not be considered for award, nor  shall  any  award  be
    32  made  to  a  bidder  who  has  not complied with subdivision one of this
    33  section; provided, however, that if the bidder cannot make the foregoing
    34  certification, such bidder shall so state and shall furnish with the bid
    35  a signed statement which sets forth in detail the reasons therefor.  The
    36  department, agency or official receiving such bid may request documenta-
    37  tion,  including  inspection  reports,  notices  of  violation, or other
    38  records, as may be necessary  to  verify  any  certification  or  signed
    39  statement submitted pursuant to this section.
    40    4. Any bid hereafter made to the state or any public department, agen-
    41  cy  or  official  thereof,  by  a  corporate  bidder for the purchase of
    42  firearms, ammunition, or firearm accessories, where  such  bid  contains
    43  the  statement  required  by  subdivision  one of this section, shall be
    44  deemed to have been authorized by the board of directors of such bidder,
    45  and such authorization shall  be  deemed  to  include  the  signing  and
    46  submission  of  such  bid and the inclusion therein of such statement as
    47  the act and deed of the corporation.
    48    § 2. This act shall take effect April 1, 2027.
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