STATE OF NEW YORK ________________________________________________________________________ 3565 2019-2020 Regular Sessions IN SENATE February 8, 2019 ___________ Introduced by Sens. SERRANO, BAILEY, KRUEGER, SANDERS -- read twice and ordered printed, and when printed to be committed 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 § 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. Such devices or mechanisms shall include, but not be 13 limited to: the capacity to adjust the trigger resistance to at least a 14 ten pound pull, the capacity to alter the firing mechanism so that an 15 average five year old child's hands are too small to operate the pistol 16 or revolver, or the capacity to require a series of multiple motions in 17 order to fire the pistol or revolver. 18 3. The superintendent of the state police shall, in consultation with 19 such gun manufacturers as such superintendent deems appropriate, adopt 20 rules and regulations establishing minimum standards for childproofing 21 devices or mechanisms to ensure that such childproofing devices or mech- 22 anisms are safe and effective. 23 4. Any person, firm or corporation who violates the provisions of this 24 section shall be guilty of a class A misdemeanor. 25 § 2. This act shall take effect on the first of November next succeed- 26 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. LBD03531-01-9