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.