October 23, 2024 – This month, the Governor of New York signed into law six bills related to firearms. All of these new laws are designed to further restrict access to firearms, most seem unlikely to have a significant impact on reducing firearms related violence, and one appears solely intended to assist anti-gun interests groups with frivolous litigation against firearm industry members.
First, Bill A2882/S6649 requires firearms dealers and gunsmiths to conspicuously post (in at least three locations) and distribute a warning to customers stating that “access to a weapon or firearm in the home significantly increases the risk of suicide, death during domestic disputes, and/or unintentional deaths to children, household members, and others.” New York has not produced a sample poster and hand-out, but dealers in New York should immediately review the new law, post the quoted language and provide the hand-out to purchasers as set out in the new law.
Second, Bill S7365B/A10053A adds “pistol converter” – a device that converts a semi-automatic pistol into one that can fire full-automatic – to the Penal Law’s defined terms. It further requires firearms manufacturers and sellers to take “reasonable steps to prevent the installation and use of a pistol converter.” No definition is provided of what would be sufficient to constitute such “reasonable steps.” The failure to adopt such “reasonable steps,” however, is considered to be a violation of General Business Law §§ 898a-e, New York’s anti-PLCAA law designed to satisfy the predicate exception to the immunity provided by the Protection of Lawful Commerce in Arms Act.
Third, Bill S3340/A5873 amends the law concerning notifications for extreme risk protection orders to include notification to the statewide registry so that orders of protection are tracked statewide.
Fourth, Bill A7717B/S8589A allows the petitioner for an extreme risk protection order to be a police department, rather than an individual police officer.
Fifth, Bill S8479A/A9862A requires that credit card companies track firearms and ammunition purchases by categorizing purchases made at firearms and ammunition retailers with a unique purchase code. The State’s claimed justification for this law specifically targeting firearms and ammunition purchases is that it would facilitate the “collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts” and “make it easier for financial institutions to monitor certain types of suspicious activities including straw purchases and unlawful bulk purchases that could be used in the commission of domestic terrorist acts or gun trafficking schemes.”
Sixth, Bill S9760/A10356A requires firearms licensing officers to provide information to applicants about safe storage requirements for firearms. It also mandates a public awareness campaign about safe storage requirements for firearms.
In sum, New York based dealers need to comply immediately with the new requirements for posting a specific warning, and the industry will need to closely monitor expected lawsuits regarding tracking of firearm purchases by credit card companies (many with headquarters in New York) and the expansion of state laws that will be used to try to circumnavigate around the protections afforded by the Protection of Lawful Commerce in Arms Act.
Renzulli Law Firm will continue to monitor the implementation of these laws, related litigation, and their potential impacts. If you have any questions about the laws, please contact John F. Renzulli or Christopher Renzulli.