Enacts the "safer weapons, safer homes act"; requires the division of criminal justice services to certify the technological viability of personalized handguns and to establish requirements related to the sale of personalized handguns; defines personalized handgun; requires the division to establish and maintain a roster of all personalized handguns approved for retail sale to the public; requires the division to report to the legislature on the technological viability of personalized handguns.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8333A
SPONSOR: Bores TITLE OF BILL:
An act to amend the executive law, in relation to defining personalized
handguns and requiring the division of criminal justice services to
certify the technological viability of personalized handguns and to
establish requirements related to the sale of personalized handguns
PURPOSE OR GENERAL IDEA OF BILL:
Amends the executive law to both define and establish requirements for
personalized handguns.
SUMMARY OF PROVISIONS:
Section one would amend section 835 of the Executive Law to define a
personalized gun and authorized user.
Section two would amend the executive law by adding a new section 837-y
that would require the division of criminal justice to engage in an
investigation to certify the technological viability of personalized
handguns. The division shall establish performance standards and testing
protocols for personalized handguns.
The bill further requires the division to maintain a roster of all
personalized handguns approved for retail sale. This roster shall be
made available to registered and licensed firearms dealers in the state
at least every six months. Additionally, the amendment requires each
licensed firearms retailer to have on its premises at least one person-
alized handgun available for sale within two years from the date of
certification of the technology's viability, except in cases where such
a requirement would impose a significant financial burden.
Section four would establish the effective date.
JUSTIFICATION:
User-authenticated or personalized handguns have the potential to stem,
violence and ensure the safety of New Yorkers. Violence from accidental
gun discharge causes incredible harm with more than 300 children unin-
tentionally shooting themselves or someone else each year. In 2020, this
resulted in the deaths of over 120 people. Personalized handguns would
stop children from being able to shoot guns that are left out or improp-
erly stored. This would help prevent school shootings as well, as most
shootings have followed the shooter taking the weapon from their or a
neighbor's home. Moreover, approximately 380,000 guns are stolen from
owners each year. Personalized handguns would prevent those weapons from
being used in other crimes or against their owners.
This bill creates a sensible regulatory environment to review the safety
of these weapons. and provide gun owners with a more secure choice. The
past decade has seen significant progress in the technology of these
weapons; this bill will allow New York to take advantage of these new
safeguards as they arrive.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8333--A
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. BORES, GLICK, EPSTEIN, SHIMSKY, LEVENBERG, PAULIN
-- read once and referred to the Committee on Codes -- recommitted to
the Committee on Codes 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 executive law, in relation to defining personalized
handguns and requiring the division of criminal justice services to
certify the technological viability of personalized handguns and to
establish requirements related to the sale of personalized handguns
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "safer
2 weapons, safer homes act".
3 § 2. Section 835 of the executive law is amended by adding two new
4 subdivisions 12 and 13 to read as follows:
5 12. "Personalized handgun" means a pistol or revolver which incorpo-
6 rates within its design a permanent programmable feature as part of its
7 manufacture that cannot be deactivated and renders the personalized
8 handgun reasonably resistant to being fired except when activated by the
9 lawful owner or other user authorized by the lawful owner. No make or
10 model of a pistol or revolver shall be deemed to be a "personalized
11 handgun" unless the division of criminal justice services has determined
12 the personalized handgun meets the standards established pursuant to
13 section eight hundred thirty-seven-y of this article.
14 13. "Authorized user" means the owner of a personalized handgun or a
15 person to whom such owner has given consent to use the personalized
16 handgun.
17 § 3. The executive law is amended by adding a new section 837-y to
18 read as follows:
19 § 837-y. Personalized handguns; technological viability and require-
20 ments. 1. As used in this section, the terms "personalized handgun" and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10253-05-4
A. 8333--A 2
1 "authorized user" shall have the same meanings as defined in subdivi-
2 sions twelve and thirteen, respectively, of section eight hundred thir-
3 ty-five of this article.
4 2. The division or a designee shall within one hundred eighty days of
5 the effective date of this section:
6 (a) engage in and complete an investigation to certify the technolog-
7 ical viability of personalized handguns; and
8 (b) certify or decline to certify that personalized handguns are tech-
9 nologically viable.
10 3. Following a certification by the division or a designee that
11 personalized handguns are technologically viable, the division shall:
12 (a) within three hundred sixty-five days from the date of certif-
13 ication of the viability of such technology by the division or a desig-
14 nee pursuant to subdivision two of this section, establish performance
15 standards, qualifying criteria and testing protocols applicable to the
16 examination and verification of personalized handguns.
17 (b) within two years from the date of certification of the viability
18 of such technology by the division or a designee pursuant to subdivision
19 two of this section, establish and maintain a roster of all personalized
20 handguns approved for retail sales to the public. Such roster shall be
21 published on the division's website and shall be updated at least every
22 six months. A copy of such roster shall be made available to registered
23 and licensed firearms dealers in the state at least every six months.
24 4. The division shall report to the legislature on the technological
25 viability of personalized handguns. The division shall report any find-
26 ings to the legislature of any personalized handgun that is not viable
27 and is unable to be certified.
28 5. The division shall promulgate any rule or regulation as may be
29 necessary to carry out the provisions of this section.
30 § 4. This act shall take effect immediately.
