STATE OF NEW YORK ________________________________________________________________________ 354 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to the procurement of handguns by state agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Declaration of legislative findings and intent. The legis- 2 lature finds that it is in the state's best interest to procure handguns 3 for use by state employees in the performance of their duties from 4 responsible suppliers that are committed to a standard of conduct which 5 makes every effort to eliminate sales of guns that might lead to illegal 6 possession and/or misuse by criminals, unauthorized juveniles, and other 7 prohibited persons. 8 Over 30,000 people in the United States die each year from gunfire, 9 including 4,200 children. On average, firearms kill approximately nine 10 American children every day. In New York City, firearms, predominantly 11 handguns, are used in approximately sixty-six percent of the murders 12 committed each year. More than twice the number of individuals murdered 13 with a firearm suffered injuries inflicted by firearms. Handguns are 14 also used in a high percentage of other crimes, including robbery, felo- 15 ny reckless endangerment and menacing. 16 Government agencies purchase approximately twenty-five percent of all 17 guns sold in the United States, including guns for police forces, 18 correctional services, and public safety agencies. The state is a major 19 purchaser of handguns for use by the state's various law enforcement 20 agencies. The legislature finds that the state, acting with the 21 discretion allowed any private participant in the market, should choose 22 to allocate its purchasing dollars in a manner that promotes the respon- 23 sible manufacture, shipment, and distribution of handguns. In further- 24 ance of this goal, this legislation requires that state agencies EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00066-01-7S. 354 2 1 purchase handguns from suppliers that refrain from marketing or manufac- 2 turing handguns in a manner that is attractive to criminals and juve- 3 niles, as well as adhere to other provisions designed to minimize the 4 risk to innocent third parties and to prevent handguns from leaving the 5 legal stream of commerce. Nevertheless, the legislature recognizes that 6 handguns which satisfy the standards required by this legislation may 7 not be suitable for law enforcement needs, thus, the legislation 8 provides an exception if necessary for handguns procured for law 9 enforcement or military uses. 10 The legislature finds that it is imperative that the state spend its 11 citizens' money in a manner that promotes the safety and well-being of 12 all residents. Accordingly, the legislature finds that when procuring 13 handguns, the state should do so from responsible manufacturers whenever 14 possible. 15 § 2. The state finance law is amended by adding a new section 169 to 16 read as follows: 17 § 169. Purchase of handguns. 1. For the purposes of this section 18 only, the following terms shall have the following meanings: 19 (a) "Contract" means any written agreement, purchase order, or instru- 20 ment whereby a contracting agency is committed to expend or does expend 21 funds in return for work, labor, services, supplies, equipment, materi- 22 als, or any combination of the foregoing. 23 (b) "Responsible supplier" means that the supplier of handguns, 24 including a manufacturer, retail dealer, and/or wholesale dealer, is 25 able to demonstrate that it is committed to a standard of conduct which 26 makes every reasonable effort to eliminate sales of weapons that might 27 lead to illegal possession and/or misuse by criminals, unauthorized 28 juveniles, and other prohibited persons. This standard includes demon- 29 strated compliance with the following provisions: 30 (1) does not sell weapons to dealers who have sold more than twenty 31 weapons within any continuous twelve month period in the preceding five 32 years traced to use in a crime or illegal possession, as determined by 33 the United States Bureau of Alcohol, Tobacco, Firearms and Explosives or 34 who have not, on their own, sold weapons, twenty or more of which within 35 any continuous twelve month period in the preceding five years are 36 traced to use in a crime or illegal possession, as determined by the 37 United States Bureau of Alcohol, Tobacco, Firearms and Explosives; 38 (2) makes no sales at gun shows or alternative venues unless such 39 sales at the gun show or alternative venue are conducted only upon 40 completion of a background check and all sellers at the gun show or 41 alternative venue agree to conduct sales only upon completion of a back- 42 ground check as dictated by state and federal law for sale at a retail 43 gun store; 44 (3) (i) in the case of a manufacturer selling weapons to dealers, only 45 sells to dealers who operate a retail shop located at a fixed address, 46 or (ii) in the case of retail or wholesale dealers where: 47 a. the dealer maintains an electronic database of make, model, caliber 48 or gauge, and serial number of all weapons held in inventory or offered 49 for sale; 50 b. the dealer maintains an electronic database of make, model, caliber 51 or gauge, and serial number of all weapons sold and the name and license 52 number of all purchasers; and 53 c. the dealer makes visible all permits and legally required signage; 54 (4) provides full access of aforementioned records to law enforcement 55 and government regulators conducting compliance inspections;S. 354 3 1 (5) limits purchases by any individual in any given thirty day period 2 to one weapon; 3 (6) implements a security plan for securing weapons in transit; and 4 (7) does not sell assault weapons, as defined in subdivision twenty- 5 two of section 265.00 of the penal law, or large capacity ammunition 6 feeding devices, as defined in subdivision twenty-three of section 7 265.00 of the penal law, other than to police officers, law enforcement 8 or military entities, or other authorized governmental agency. 9 (c) "Contracting agency" means a state agency or covered authority. 10 (d) "Contractor" means any supplier, by sale or lease, of handguns to 11 a contracting agency. 12 (e) "Handgun" means a revolver or semi-automatic pistol designed to 13 expel a projectile by the action of an explosive. 14 (f) "State agent" means any individual who, as part of his or her 15 official duties, purchases or leases a handgun financed in whole or in 16 part by a contracting agency for performance of official duties. 17 2. A contracting agency shall only enter into a contract to purchase 18 or obtain for any purpose handguns from a responsible supplier, and a 19 state agent shall only purchase or lease a handgun for use in perform- 20 ance of official duties from a responsible supplier. 21 3. The superintendent of state police shall promulgate rules specify- 22 ing the documents and information that contractors must provide to the 23 contracting agency for purposes of subparagraph three of paragraph (b) 24 of subdivision one of this section. 25 4. Upon a determination that a contractor is in violation of this 26 section, the contracting agency shall review such information and offer 27 the contractor an opportunity to respond. If the contracting agency 28 finds that a violation has occurred, it shall take such action as may be 29 appropriate and provided for by law, rule or contract, including, but 30 not limited to, imposing sanctions, seeking compliance, recovering 31 damages, declaring the contractor in default, seeking debarment or 32 suspension of the contractor and/or deeming it as non-responsible. 33 5. Every contract for or on behalf of all contracting agencies for the 34 supply of handguns shall contain a provision or provisions detailing the 35 requirements of this section. 36 6. With regard to a contracting agency, the requirements of this 37 section shall be waived in writing under the following circumstances: 38 (a) there is only one prospective contractor willing to enter into a 39 contract; or 40 (b) where it is determined that all bidders to a contract are deemed 41 ineligible for purposes of this section; or 42 (c) where it is available from a sole source and the prospective 43 contractor is not currently disqualified from doing business with the 44 contracting agency; or 45 (d) the contract is necessary in order to respond to an emergency 46 which endangers the public health and safety and no entity which 47 complies with the requirements of this section capable of responding to 48 the emergency is immediately available; or 49 (e) where a contracting agency whose primary responsibility is law 50 enforcement deems it necessary to purchase handguns from other than a 51 responsible supplier; or 52 (f) where inclusion or application of such provisions will violate or 53 be inconsistent with the terms and conditions of a grant, subvention, or 54 contract of the United States or state government or the instructions of 55 an authorized representative of any such agency with respect to any such 56 grant, subvention, or contract.S. 354 4 1 All written waivers shall become part of the contract file of the 2 contracting agency. Notwithstanding any waiver, the contracting agency 3 shall take every reasonable measure to contract with a manufacturer or 4 dealer who best satisfies the requirements of this section. 5 7. With regard to state agents, the requirements of this section shall 6 be waived in writing under the following circumstances: 7 (a) the employer of the state agent determines that there is only one 8 prospective supplier willing or able to supply such handgun; or 9 (b) where the employer of the state agent determines that all prospec- 10 tive suppliers are deemed ineligible for purposes of this section; or 11 (c) where the employer of the state agent determines that the handgun 12 is available only from a sole source and the prospective supplier is not 13 currently disqualified from doing business with the contracting agency; 14 or 15 (d) the employer of the state agent determines that it is necessary in 16 order to respond to an emergency which endangers the public health and 17 safety and no entity which complies with the requirements of this 18 section capable of responding to the emergency is immediately available; 19 or 20 (e) where the employer of the state agent whose primary responsibility 21 is law enforcement deems it necessary to purchase handguns from other 22 than a responsible supplier; or 23 (f) where the employer of the state agent deems that the inclusion or 24 application of such provisions will violate or be inconsistent with the 25 terms and conditions of a grant, subvention, or contract of the United 26 States or New York state government or the instructions of an authorized 27 representative of any such agency with respect to any such grant, 28 subvention or contract. 29 8. This section shall not apply to any contract with a contracting 30 agency entered into prior to the effective date of this section. 31 9. If any subdivision, paragraph, subparagraph, sentence, clause, 32 phrase, or other portion of this section is, for any reason, declared 33 unconstitutional or invalid, in whole or in part, by any court of compe- 34 tent jurisdiction, such portion shall be deemed severable, and such 35 unconstitutionality or invalidity shall not affect the validity of the 36 remaining portions of this section, which remaining portions shall 37 continue in full force and effect. 38 § 3. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law.