BILL NUMBER: S1358
SPONSOR: SERRANO
TITLE OF BILL:
An act to amend the penal law, in relation to the sale of child operated
firearms
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit the sale of pistols or revolvers by any person,
firm or corporation in the retail business of selling guns which does
not contain child proofing features built into the design of the gun.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would prohibit the sale of pistols or revolvers by any person,
firm or corporation in the retail business of selling guns which does
not contain child proofing features built into the design of the gun.
The prohibition would apply to pistols or revolvers manufactured twelve
or more months after the effective date of the bill. Design features
could include the capacity to adjust the trigger resistance of the gun
to at least a ten-pound pull, the capacity to alter the firing mechanism
so that an average five-year-old child's hand would be too small to
operate the gun, or the capacity to require a series of multiple motions
in order to fire the gun. A violation of this provision would be a class
A misdemeanor.
JUSTIFICATION:
According to the Archives of Pediatrics and Adolescent Medicine, 85% of
3 to 4 year olds are strong enough to pull the trigger of a gun - a
recipe for disaster. But such tragedies involving young children can be
prevented; the technology to do so is readily available. In a historic
agreement reached between Smith & Wesson and the Departments of the
Treasury and Housing and Urban Development, Local Governments and
States, Smith & Wesson agreed. that, within a 12-month period, all of
its handguns will be designed so that they cannot be readily operated by
a child under 6. This bill will have the effect of ensuring that all
handguns sold at retail in New York will meet the standards agreed to by
Smith & Wesson.
PRIOR LEGISLATIVE HISTORY:
2009-2010: Senate and Assembly - Referred to Codes
2011-2012: S.1915-Referred to Codes
2013-2014: S.927- Referred to Codes
2015-2016: S.1204 - Referred to Codes
2017-2018: S.3444 - Referred to Codes
2019-2020: S.3565 - Referred to Codes
2021-2022: S.1419 - Referred to Codes
2023-2024: S803 - Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE: :
First of November next succeeding the date on which it shall have become
a law.