S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5850
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2015
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH, PEOPLES-STOKES, O'DONNELL, JAFFEE,
         ROBINSON,  -- Multi-Sponsored by -- M.  of  A.  ARROYO,  BROOK-KRASNY,
         GOTTFRIED, LIFTON, McDONOUGH, TITONE, WRIGHT -- read once and referred
         to the Committee on Correction
       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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00356-01-5
       A. 5850                             2
    1  ance of  this  goal,  this  legislation  requires  that  state  agencies
    2  purchase handguns from suppliers that refrain from marketing or manufac-
    3  turing  handguns  in  a manner that is attractive to criminals and juve-
    4  niles,  as  well  as adhere to other provisions designed to minimize the
    5  risk to innocent third parties and to prevent handguns from leaving  the
    6  legal  stream of commerce. Nevertheless, the legislature recognizes that
    7  handguns which satisfy the standards required by  this  legislation  may
    8  not  be  suitable  for  law  enforcement  needs,  thus,  the legislation
    9  provides an  exception  if  necessary  for  handguns  procured  for  law
   10  enforcement or military uses.
   11    The  legislature  finds that it is imperative that the state spend its
   12  citizens' money in a manner that promotes the safety and  well-being  of
   13  all  residents.  Accordingly,  the legislature finds that when procuring
   14  handguns, the state should do so from responsible manufacturers whenever
   15  possible.
   16    S 2. The state finance law is amended by adding a new section  169  to
   17  read as follows:
   18    S  169.  PURCHASE  OF  HANDGUNS.   1. FOR THE PURPOSES OF THIS SECTION
   19  ONLY, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   20    (A) "CONTRACT" MEANS ANY WRITTEN AGREEMENT, PURCHASE ORDER, OR INSTRU-
   21  MENT WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES  EXPEND
   22  FUNDS  IN RETURN FOR WORK, LABOR, SERVICES, SUPPLIES, EQUIPMENT, MATERI-
   23  ALS, OR ANY COMBINATION OF THE FOREGOING.
   24    (B) "RESPONSIBLE  SUPPLIER"  MEANS  THAT  THE  SUPPLIER  OF  HANDGUNS,
   25  INCLUDING  A  MANUFACTURER,  RETAIL  DEALER, AND/OR WHOLESALE DEALER, IS
   26  ABLE TO DEMONSTRATE THAT IT IS COMMITTED TO A STANDARD OF CONDUCT  WHICH
   27  MAKES  EVERY  REASONABLE EFFORT TO ELIMINATE SALES OF WEAPONS THAT MIGHT
   28  LEAD TO ILLEGAL POSSESSION  AND/OR  MISUSE  BY  CRIMINALS,  UNAUTHORIZED
   29  JUVENILES,  AND  OTHER PROHIBITED PERSONS. THIS STANDARD INCLUDES DEMON-
   30  STRATED COMPLIANCE WITH THE FOLLOWING PROVISIONS:
   31    (1) DOES NOT SELL WEAPONS TO DEALERS WHO HAVE SOLD  MORE  THAN  TWENTY
   32  WEAPONS  WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING FIVE
   33  YEARS TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION, AS  DETERMINED  BY
   34  THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES OR
   35  WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH WITHIN
   36  ANY  CONTINUOUS  TWELVE  MONTH  PERIOD  IN  THE PRECEDING FIVE YEARS ARE
   37  TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION,  AS  DETERMINED  BY  THE
   38  UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES;
   39    (2)  MAKES  NO  SALES  AT  GUN SHOWS OR ALTERNATIVE VENUES UNLESS SUCH
   40  SALES AT THE GUN SHOW OR  ALTERNATIVE  VENUE  ARE  CONDUCTED  ONLY  UPON
   41  COMPLETION  OF  A  BACKGROUND  CHECK  AND ALL SELLERS AT THE GUN SHOW OR
   42  ALTERNATIVE VENUE AGREE TO CONDUCT SALES ONLY UPON COMPLETION OF A BACK-
   43  GROUND CHECK AS DICTATED BY STATE AND FEDERAL LAW FOR SALE AT  A  RETAIL
   44  GUN STORE;
   45    (3) (I) IN THE CASE OF A MANUFACTURER SELLING WEAPONS TO DEALERS, ONLY
   46  SELLS  TO  DEALERS WHO OPERATE A RETAIL SHOP LOCATED AT A FIXED ADDRESS,
   47  OR (II) IN THE CASE OF RETAIL OR WHOLESALE DEALERS WHERE:
   48    A. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
   49  OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS HELD IN INVENTORY OR  OFFERED
   50  FOR SALE;
   51    B. THE DEALER MAINTAINS AN ELECTRONIC DATABASE OF MAKE, MODEL, CALIBER
   52  OR GAUGE, AND SERIAL NUMBER OF ALL WEAPONS SOLD AND THE NAME AND LICENSE
   53  NUMBER OF ALL PURCHASERS; AND
   54    C. THE DEALER MAKES VISIBLE ALL PERMITS AND LEGALLY REQUIRED SIGNAGE;
   55    (4)  PROVIDES FULL ACCESS OF AFOREMENTIONED RECORDS TO LAW ENFORCEMENT
   56  AND GOVERNMENT REGULATORS CONDUCTING COMPLIANCE INSPECTIONS;
       A. 5850                             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
    5  TWENTY-TWO OF SECTION 265.00 OF THE PENAL LAW, OR LARGE CAPACITY AMMUNI-
    6  TION 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.
       A. 5850                             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    S 3. This act shall take effect on the one hundred eightieth day after
   39  it shall have become a law.