Bill Text: NY S07802 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07802 Detail]
Download: New_York-2023-S07802-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7802 2023-2024 Regular Sessions IN SENATE December 11, 2023 ___________ Introduced by Sen. KAVANAGH -- 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 defining personalized handguns; and to amend the executive law, in relation to 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 265.00 of the penal law is amended by adding two new 4 subdivisions 36 and 37 to read as follows: 5 36. "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 the executive law. 14 37. "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 21 "authorized user" shall have the same meaning as defined in section 22 265.00 of the penal law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10253-04-3S. 7802 2 1 2. The division or a designee shall within one hundred eighty days of 2 the effective date of this section: 3 (a) engage in and complete an investigation to certify the technolog- 4 ical viability of personalized handguns; and 5 (b) certify or decline to certify that personalized handguns are tech- 6 nologically viable. 7 3. Following a certification by the division or a designee that 8 personalized handguns are technologically viable, the division shall: 9 (a) within three hundred sixty-five days from the date of certif- 10 ication of the viability of such technology by the division or a desig- 11 nee pursuant to subdivision two of this section, establish performance 12 standards, qualifying criteria and testing protocols applicable to the 13 examination and verification of personalized handguns. Such performance 14 standards shall include, but not be limited to, the following: 15 (i) the handgun shall be reasonably resistant to being fired by anyone 16 other than the handgun's authorized user as defined in section 265.00 of 17 the penal law; 18 (ii) the personalized technology shall be incorporated into the design 19 of the personalized handgun and shall be a permanent, irremovable part 20 of the handgun and any device or object necessary for the authorized 21 user to fire the handgun; 22 (iii) the personalized handgun shall not be manufactured so as to 23 permit the personalized characteristics of the handgun to be readily 24 deactivated; and 25 (iv) the personalized handgun shall meet any other reliability stand- 26 ards generally used in the industry for other commercially available 27 handguns; and 28 (b) within two years from the date of certification of the viability 29 of such technology by the division or a designee pursuant to subdivision 30 two of this section, establish and maintain a roster of all personalized 31 handguns approved for retail sales to the public. Such roster shall be 32 published on the division's website and shall be updated at least every 33 six months. A copy of such roster shall be made available to registered 34 and licensed firearms dealers in the state at least every six months. 35 4. The division shall report to the legislature on the technological 36 viability of personalized handguns. The division shall report any find- 37 ings to the legislature of any personalized handgun that is not viable 38 and is unable to be certified. 39 5. The division shall promulgate any rule or regulation as may be 40 necessary to carry out the provisions of this section. 41 § 4. This act shall take effect immediately.
