Bill Text: NY A00437 | 2025-2026 | General Assembly | Introduced
Bill Title: Includes rifles and shotguns in required warnings to consumers regarding the risk of death or suicide in homes where such weapons are present.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-01-22 - ordered to third reading rules cal.42 [A00437 Detail]
Download: New_York-2025-A00437-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 437 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to requiring warnings regard- ing rifles and shotguns; and to amend a chapter of the laws of 2024 amending the penal law relating to warnings to be posted and provided by firearms dealers, as proposed in legislative bills numbers S.6649 and A. 2882, in relation to making certain technical corrections ther- eto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 20 of section 400.00 of the penal law, as added 2 by a chapter of the laws of 2024 amending the penal law relating to 3 warnings to be posted and provided by firearms dealers, as proposed in 4 legislative bills numbers S.6649 and A. 2882, is amended to read as 5 follows: 6 20. Firearms dealers; required warnings. (a) (i) Every person licensed 7 as a gunsmith or a dealer in firearms shall post the following notice at 8 the site where such [weapons] rifles, shotguns, or firearms are sold, 9 displayed or delivered to the purchaser, at the entrance to the site and 10 in at least one additional area where sales occur, conspicuously stat- 11 ing, in no smaller than twenty-six-point type on a sign at least eight 12 and one-half by eleven inches in bold print: 13 WARNING 14 ACCESS TO A [WEAPON] RIFLE, SHOTGUN, 15 OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE 16 RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL 17 DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02673-01-5A. 437 2 1 IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL 2 THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988. 3 (ii) Every firearms dealer shall distribute a notice to the purchaser 4 at the time of each individual sale of a [weapon] rifle, shotgun, or 5 firearm, conspicuously stating, in no smaller than twenty-six-point type 6 and on paper at least eight and one-half by eleven inches in bold print 7 the following warning: 8 WARNING 9 ACCESS TO A [WEAPON] RIFLE, SHOTGUN, 10 OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE 11 RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL 12 DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS. 13 IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL 14 THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988. 15 (iii) Upon the issuance of or amendment to a rifle, shotgun, or 16 firearm [or weapon] license and/or permit, the licensing officer shall 17 provide the licensee/permittee a written copy of a warning notice 18 conspicuously stating in no smaller than twenty-six-point type and on 19 paper at least eight and one-half by eleven inches in bold print the 20 following warning: 21 WARNING 22 ACCESS TO A [WEAPON] RIFLE, SHOTGUN, 23 OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE 24 RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL 25 DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS. 26 IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL 27 THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988. 28 (b) No licensing officer, local government, or any employee thereof 29 shall be liable to any person by reason of any injury or damage result- 30 ing from the failure of any gunsmith or firearms dealer to comply with 31 this subdivision or in consequence of any act or omission in connection 32 with the implementation or enforcement of this subdivision. 33 (c) [(i) Failure to comply with any provision of this subdivision34shall be] Any person, firm, or corporation required to post or distrib- 35 ute warnings pursuant to subparagraph (i) or (ii) of paragraph (a) of 36 this subdivision who fails to post or distribute in the manner provided 37 for in such provisions shall be guilty of a violation punishable by 38 imprisonment of not more than fifteen days or by a fine of not more than 39 one thousand dollars, or both. Each day that a violation continues shall 40 be deemed a separate offense. 41 [(ii) The provisions of this subdivision shall be enforced within each42municipality by the applicable local police force, including town, city43and village police departments which officers are authorized to issue44appearance tickets. Appearance tickets shall be served personally.] 45 (d) The provisions of this subdivision shall not supersede any local 46 law or ordinance that imposes stricter disclosure or notice require- 47 ments; and notices required by this subdivision shall be in addition toA. 437 3 1 any other notices required by any other federal, state or local law, 2 ordinance, rule or regulation. 3 § 2. Section 2 of a chapter of the laws of 2024 amending the penal law 4 relating to warnings to be posted and provided by firearms dealers, as 5 proposed in legislative bills numbers S.6649 and A. 2882, is renumbered 6 section 3 and a new section 2 is added to read as follows: 7 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 8 sion, section or part of this act shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair, or invalidate the remainder thereof, but shall be confined in 11 its operation to the clause, sentence, paragraph, subdivision, section 12 or part thereof directly involved in the controversy in which such judg- 13 ment shall have been rendered. It is hereby declared to be the intent of 14 the legislature that this act would have been enacted even if such 15 invalid provisions had not been included herein. 16 § 3. This act shall take effect on the same date and in the same 17 manner as a chapter of the laws of 2024 amending the penal law relating 18 to warnings to be posted and provided by firearms dealers, as proposed 19 in legislative bills numbers S.6649 and A. 2882, takes effect.
