STATE OF NEW YORK
        ________________________________________________________________________

                                           437

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to requiring warnings regard-
          ing  rifles  and  shotguns; and to amend a chapter of the laws of 2024
          amending the penal law relating to warnings to be posted and  provided
          by  firearms  dealers, as proposed in legislative bills numbers S.6649
          and A. 2882, in relation to making certain technical corrections ther-
          eto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 20 of section 400.00 of the penal law, as added
     2  by  a  chapter  of  the  laws of 2024 amending the penal law relating to
     3  warnings to be posted and provided by firearms dealers, as  proposed  in
     4  legislative  bills  numbers  S.6649  and  A. 2882, is amended to read as
     5  follows:
     6    20. Firearms dealers; required warnings. (a) (i) Every person licensed
     7  as a gunsmith or a dealer in firearms shall post the following notice at
     8  the site where such [weapons] rifles, shotguns, or  firearms  are  sold,
     9  displayed or delivered to the purchaser, at the entrance to the site and
    10  in  at  least one additional area where sales occur, conspicuously stat-
    11  ing, in no smaller than twenty-six-point type on a sign at  least  eight
    12  and one-half by eleven inches in bold print:

    13                                   WARNING

    14                    ACCESS TO A [WEAPON] RIFLE, SHOTGUN,
    15             OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
    16    RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
    17              DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02673-01-5

        A. 437                              2

     1   IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
     2              THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
     3    (ii)  Every firearms dealer shall distribute a notice to the purchaser
     4  at the time of each individual sale of a [weapon]   rifle,  shotgun,  or
     5  firearm, conspicuously stating, in no smaller than twenty-six-point type
     6  and  on paper at least eight and one-half by eleven inches in bold print
     7  the following warning:

     8                                   WARNING

     9                    ACCESS TO A [WEAPON] RIFLE, SHOTGUN,
    10             OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
    11    RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
    12              DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

    13   IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
    14              THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

    15    (iii) Upon the issuance of  or  amendment  to  a  rifle,  shotgun,  or
    16  firearm  [or  weapon] license and/or permit, the licensing officer shall
    17  provide the licensee/permittee  a  written  copy  of  a  warning  notice
    18  conspicuously  stating  in  no smaller than twenty-six-point type and on
    19  paper at least eight and one-half by eleven inches  in  bold  print  the
    20  following warning:

    21                                   WARNING

    22                    ACCESS TO A [WEAPON] RIFLE, SHOTGUN,
    23             OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE
    24    RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL
    25              DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

    26   IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL
    27              THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.

    28    (b)  No  licensing  officer, local government, or any employee thereof
    29  shall be liable to any person by reason of any injury or damage  result-
    30  ing  from  the failure of any gunsmith or firearms dealer to comply with
    31  this subdivision or in consequence of any act or omission in  connection
    32  with the implementation or enforcement of this subdivision.
    33    (c)  [(i)  Failure  to  comply  with any provision of this subdivision
    34  shall be] Any person, firm, or corporation required to post or  distrib-
    35  ute  warnings  pursuant  to subparagraph (i) or (ii) of paragraph (a) of
    36  this subdivision who fails to post or distribute in the manner  provided
    37  for  in  such  provisions  shall  be guilty of a violation punishable by
    38  imprisonment of not more than fifteen days or by a fine of not more than
    39  one thousand dollars, or both. Each day that a violation continues shall
    40  be deemed a separate offense.
    41    [(ii) The provisions of this subdivision shall be enforced within each
    42  municipality by the applicable local police force, including town,  city
    43  and  village  police  departments which officers are authorized to issue
    44  appearance tickets. Appearance tickets shall be served personally.]
    45    (d) The provisions of this subdivision shall not supersede  any  local
    46  law  or  ordinance  that  imposes stricter disclosure or notice require-
    47  ments; and notices required by this subdivision shall be in addition  to

        A. 437                              3

     1  any  other  notices  required  by any other federal, state or local law,
     2  ordinance, rule or regulation.
     3    § 2. Section 2 of a chapter of the laws of 2024 amending the penal law
     4  relating  to  warnings to be posted and provided by firearms dealers, as
     5  proposed in legislative bills numbers S.6649 and A. 2882, is  renumbered
     6  section 3 and a new section 2 is added to read as follows:
     7    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     8  sion,  section  or  part  of  this act shall be adjudged by any court of
     9  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    10  impair,  or  invalidate  the remainder thereof, but shall be confined in
    11  its operation to the clause, sentence, paragraph,  subdivision,  section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered. It is hereby declared to be the intent of
    14  the  legislature  that  this  act  would  have been enacted even if such
    15  invalid provisions had not been included herein.
    16    § 3. This act shall take effect on the  same  date  and  in  the  same
    17  manner  as a chapter of the laws of 2024 amending the penal law relating
    18  to warnings to be posted and provided by firearms dealers,  as  proposed
    19  in legislative bills numbers S.6649 and A. 2882, takes effect.