STATE OF NEW YORK
        ________________________________________________________________________

                                          4271

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred 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.
                                                                   LBD02815-01-3