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S09334 Summary:

BILL NOS09334A
 
SAME ASSAME AS A10485-A
 
SPONSORBOTTCHER
 
COSPNSRBAILEY, BASKIN, BRISPORT, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, MYRIE, RIVERA, SALAZAR, SEPULVEDA, SERRANO, WEBB, ZELLNER
 
MLTSPNSR
 
Amd §400.00, Pen L
 
Relates to consumer warnings regarding rifles, shotguns, and firearms; provides that a graphic warning that depicts the nature of the health and safety risks of firearms be provided when any license or permit is issued or amended.
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S09334 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9334--A
 
                    IN SENATE
 
                                      March 3, 2026
                                       ___________
 
        Introduced  by  Sens.  BOTTCHER,  BAILEY,  BASKIN,  BRISPORT, FERNANDEZ,
          GIANARIS, GONZALEZ,  GOUNARDES,  MYRIE,  RIVERA,  SALAZAR,  SEPULVEDA,
          SERRANO,  WEBB,  ZELLNER  --  read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the penal law, in relation to consumer warnings regard-
          ing rifles, shotguns, and firearms
 
          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 21 to read as follows:
     3    21. (a) Upon the issuance of or amendment to a license or  permit  for
     4  possession  of  a firearm, rifle or shotgun, the licensing officer shall
     5  provide the licensee or permittee, as applicable, a graphic  warning  or
     6  warnings designed pursuant to paragraph (c) of this subdivision together
     7  with the notice required pursuant to subdivision twenty of this section.
     8    (b)  Where a firearms dealer displays or otherwise provides the notice
     9  required pursuant to subdivision twenty of  this  section,  adjacent  to
    10  such  notice  shall be a graphic warning sign designed pursuant to para-
    11  graph (c) of this subdivision. Such graphic warning sign shall be  unob-
    12  structed in its entirety.
    13    (c) The department of health and department of mental hygiene shall:
    14    (i)  design one or more graphic warnings that depict the nature of the
    15  health and safety risks described in the  notice  required  pursuant  to
    16  subdivision twenty of this section; and
    17    (ii)  publish  and  make available on its website the graphic warnings
    18  designed pursuant to subparagraph (i) of this paragraph.
    19    (d) No licensing officer, local government, or  any  employee  thereof
    20  shall  be liable to any person by reason of any injury or damage result-
    21  ing from the failure of any gunsmith or firearms dealer to  comply  with
    22  this  subdivision or in consequence of any act or omission in connection
    23  with the implementation or enforcement of this subdivision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14415-03-6

        S. 9334--A                          2
 
     1    (e) Any person, firm or corporation required to display  or  otherwise
     2  provide  the  graphic  warning  sign  pursuant  to paragraph (b) of this
     3  subdivision who fails  to  display  such  sign  shall  be  guilty  of  a
     4  violation punishable by imprisonment of not more than fifteen days or by
     5  a  fine  of not more than one thousand dollars, or both. Each day that a
     6  violation continues shall be deemed a separate offense.
     7    (f) The provisions of this subdivision shall not supersede  any  local
     8  law or ordinance that imposes stricter disclosure or notice requirements
     9  and the notices required by this subdivision shall be in addition to any
    10  other  notices  required by any other federal, state or local law, ordi-
    11  nance, rule or regulation.
    12    (g) The department of health and  department  of  mental  hygiene  may
    13  enact  any  rules  that are necessary to implement paragraph (c) of this
    14  subdivision.
    15    § 2. This act shall take effect on the two hundred tenth day after  it
    16  shall have become a law.
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