Relates to requiring social media and search engine reviews prior to the delivery of a rifle or shotgun; provides that prior to the delivery of any rifle or shotgun sold by a licensed dealer to any person, the purchaser shall consent to have his or her social media accounts and search engine history reviewed and investigated by the police authority of the locality where such sale is made; provides that after completion of the review, the purchaser shall provide the licensed dealer with proof of his or her approval to purchase such rifle or shotgun.
STATE OF NEW YORK
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9197
IN SENATE
November 30, 2018
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to requiring social media and
search engine reviews prior to the delivery of a rifle or shotgun
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 400.20 to
2 read as follows:
3 § 400.20 Social media account and search engine history review prior to
4 the delivery of a rifle or shotgun.
5 1. Prior to the delivery of any rifle or shotgun sold by a licensed
6 dealer to any person, the purchaser shall consent to have his or her
7 social media accounts and search engine history reviewed and investi-
8 gated by the police authority of the locality where such sale is made.
9 After completion of the review pursuant to subdivision two of this
10 section, the purchaser shall provide the licensed dealer with proof of
11 his or her approval to purchase such rifle or shotgun.
12 2. In order to ascertain whether any social media account or search
13 engine history of a purchaser of a rifle or shotgun presents any good
14 cause for the denial of such purchase, the police authority of the
15 locality where such sale is made shall, after obtaining the purchaser's
16 consent pursuant to subdivision one of this section, and obtaining any
17 log-in name, password or other means for accessing a personal account,
18 service, or electronic communications device necessary to review such
19 purchaser's social media accounts and search engine history, review a
20 purchaser's social media accounts for the previous three years and
21 search engine history for the previous year and investigate posts or
22 searches related to (i) commonly known profane slurs or biased language
23 used to describe the race, color, national origin, ancestry, gender,
24 religion, religious practice, age, disability or sexual orientation of a
25 person; (ii) threatening the health or safety of another person; (iii)
26 an act of terrorism; or (iv) any other issue deemed necessary by the
27 police authority. For the purposes of this section, "social media
28 accounts" shall only include Facebook, Snapchat, Twitter and Instagram,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16702-01-8
S. 9197 2
1 and "search engine" shall only include Google, Yahoo and Bing. Upon
2 completion of the investigation, the police authority shall report the
3 results to the purchaser without unnecessary delay and, if appropriate,
4 provide the purchaser with proof of approval to purchase such rifle or
5 shotgun.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law. Effective immediately the addition, amendment and/or
8 repeal of any rule or regulation necessary for the implementation of
9 this act on its effective date are authorized to be made and completed
10 on or before such effective date.