STATE OF NEW YORK
        ________________________________________________________________________

                                          1455

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 10, 2025
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the executive law, in relation to defining  personalized
          handguns  and  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  835  of the executive law is amended by adding two new
     4  subdivisions 12 and 13 to read as follows:
     5    12. "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 this article.
    14    13. "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 meanings as defined in subdivi-
    22  sions twelve and thirteen, respectively, of section eight hundred  thir-
    23  ty-five of this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02280-01-5

        S. 1455                             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.
    14    (b)  within  two years from the date of certification of the viability
    15  of such technology by the division or a designee pursuant to subdivision
    16  two of this section, establish and maintain a roster of all personalized
    17  handguns approved for retail sales to the public. Such roster  shall  be
    18  published  on the division's website and shall be updated at least every
    19  six months. A copy of such roster shall be made available to  registered
    20  and licensed firearms dealers in the state at least every six months.
    21    4.  The  division shall report to the legislature on the technological
    22  viability of personalized handguns.  The division shall report any find-
    23  ings to the legislature of any personalized handgun that is  not  viable
    24  and is unable to be certified.
    25    5.  The  division  shall  promulgate  any rule or regulation as may be
    26  necessary to carry out the provisions of this section.
    27    § 4. This act shall take effect immediately.