Bill Text: NY A03936 | 2011-2012 | General Assembly | Introduced
Bill Title: Proscribes persons, firms or corporations engaged in the retail business of selling firearms from selling, delivering or transferring child operated firearms; defines "child operated firearm" to mean a pistol or revolver manufactured 1 year after the effective date of these provisions which does not contain a childproofing device or mechanism incorporated into the design of such pistol or revolver to effectively preclude an average 5 year old from firing same; makes violations a class A misdemeanor.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A03936 Detail]
Download: New_York-2011-A03936-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3936 2011-2012 Regular Sessions I N A S S E M B L Y January 31, 2011 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the sale of child operated firearms 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 265.18 to 2 read as follows: 3 S 265.18 SALE OF CHILD OPERATED FIREARMS; CHILDPROOFING. 4 1. NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION ENGAGED 5 IN THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS OR FIREARMS SHALL 6 SELL, DELIVER OR TRANSFER ANY CHILD OPERATED FIREARM TO ANOTHER PERSON. 7 2. FOR PURPOSES OF THIS SECTION, "CHILD OPERATED FIREARM" MEANS A 8 PISTOL OR REVOLVER MANUFACTURED TWELVE MONTHS OR MORE AFTER THE EFFEC- 9 TIVE DATE OF THIS SECTION WHICH DOES NOT CONTAIN A CHILDPROOFING DEVICE 10 OR MECHANISM INCORPORATED INTO THE DESIGN OF SUCH PISTOL OR REVOLVER TO 11 EFFECTIVELY PRECLUDE AN AVERAGE FIVE YEAR OLD CHILD FROM OPERATING THE 12 PISTOL OR REVOLVER. 13 3. THE SUPERINTENDENT OF THE STATE POLICE SHALL, IN CONSULTATION WITH 14 SUCH GUN MANUFACTURERS AS SUCH SUPERINTENDENT DEEMS APPROPRIATE, ADOPT 15 RULES AND REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR CHILDPROOFING 16 DEVICES OR MECHANISMS TO ENSURE THAT SUCH CHILDPROOFING DEVICES OR MECH- 17 ANISMS ARE SAFE AND EFFECTIVE. 18 4. ANY PERSON, FIRM OR CORPORATION WHO VIOLATES THE PROVISIONS OF THIS 19 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR. 20 S 2. This act shall take effect on the first of November next succeed- 21 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00233-02-1