STATE OF NEW YORK
________________________________________________________________________
7802
2023-2024 Regular Sessions
IN SENATE
December 11, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to defining personalized
handguns; and to amend the executive law, in relation to requiring the
division of criminal justice services to certify the technological
viability of personalized handguns and to establish requirements
related to the sale of personalized handguns
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "safer
2 weapons, safer homes act".
3 § 2. Section 265.00 of the penal law is amended by adding two new
4 subdivisions 36 and 37 to read as follows:
5 36. "Personalized handgun" means a pistol or revolver which incorpo-
6 rates within its design a permanent programmable feature as part of its
7 manufacture that cannot be deactivated and renders the personalized
8 handgun reasonably resistant to being fired except when activated by the
9 lawful owner or other user authorized by the lawful owner. No make or
10 model of a pistol or revolver shall be deemed to be a "personalized
11 handgun" unless the division of criminal justice services has determined
12 the personalized handgun meets the standards established pursuant to
13 section eight hundred thirty-seven-y of the executive law.
14 37. "Authorized user" means the owner of a personalized handgun or a
15 person to whom such owner has given consent to use the personalized
16 handgun.
17 § 3. The executive law is amended by adding a new section 837-y to
18 read as follows:
19 § 837-y. Personalized handguns; technological viability and require-
20 ments. 1. As used in this section, the terms "personalized handgun" and
21 "authorized user" shall have the same meaning as defined in section
22 265.00 of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10253-04-3
S. 7802 2
1 2. The division or a designee shall within one hundred eighty days of
2 the effective date of this section:
3 (a) engage in and complete an investigation to certify the technolog-
4 ical viability of personalized handguns; and
5 (b) certify or decline to certify that personalized handguns are tech-
6 nologically viable.
7 3. Following a certification by the division or a designee that
8 personalized handguns are technologically viable, the division shall:
9 (a) within three hundred sixty-five days from the date of certif-
10 ication of the viability of such technology by the division or a desig-
11 nee pursuant to subdivision two of this section, establish performance
12 standards, qualifying criteria and testing protocols applicable to the
13 examination and verification of personalized handguns. Such performance
14 standards shall include, but not be limited to, the following:
15 (i) the handgun shall be reasonably resistant to being fired by anyone
16 other than the handgun's authorized user as defined in section 265.00 of
17 the penal law;
18 (ii) the personalized technology shall be incorporated into the design
19 of the personalized handgun and shall be a permanent, irremovable part
20 of the handgun and any device or object necessary for the authorized
21 user to fire the handgun;
22 (iii) the personalized handgun shall not be manufactured so as to
23 permit the personalized characteristics of the handgun to be readily
24 deactivated; and
25 (iv) the personalized handgun shall meet any other reliability stand-
26 ards generally used in the industry for other commercially available
27 handguns; and
28 (b) within two years from the date of certification of the viability
29 of such technology by the division or a designee pursuant to subdivision
30 two of this section, establish and maintain a roster of all personalized
31 handguns approved for retail sales to the public. Such roster shall be
32 published on the division's website and shall be updated at least every
33 six months. A copy of such roster shall be made available to registered
34 and licensed firearms dealers in the state at least every six months.
35 4. The division shall report to the legislature on the technological
36 viability of personalized handguns. The division shall report any find-
37 ings to the legislature of any personalized handgun that is not viable
38 and is unable to be certified.
39 5. The division shall promulgate any rule or regulation as may be
40 necessary to carry out the provisions of this section.
41 § 4. This act shall take effect immediately.