On Tuesday, January 28, 2025, a New York state legislative committee advanced a proposed bill, A.1191, directing the New York Division of Criminal Justice Services to evaluate and certify the viability of so-called “personalized handguns” for use in New York. The bill defines “personal handgun” to mean “a pistol or revolver which incorporates within its design a permanent programmable feature as part of its manufacture that cannot be deactivated and renders the personalized handgun reasonably resistant to being fired except when activated by the lawful owner or other user authorized by the lawful owner.” After certifying the technological viability of so-called “personalized handguns,” the proposal directs the Division of Criminal Justice Services to create a roster of handguns that meet the definition. In practice, a “personalized handgun” would require the implementation of either some form of biometric recognition or radio frequency identification, such as an activation token required to render the firearm useable. There are currently no semiautomatic pistols on the commercial market that incorporate any such “smart gun” technology. However, a biometric prototype has been recently advertised with a proposed “ship date” of 2026.
Three other states have enacted similar directives requiring a state agency to evaluate “smart gun” technology, including Maryland, New Jersey, and Massachusetts. None, however, have issued any findings or certifications as to the viability of the technology. The push from lobbyists and legislatures who desire further restrictions on firearm ownership to require the evaluation of “personalized handgun” technology models the efforts being used to advance microstamping technology for firearms. States such as California and New Jersey have enacted laws requiring the evaluation of “microstamping” technology, in the same way that New York is now attempting to require evaluations of “smart gun” technology.
If this New York bill becomes a law and the Division of Criminal Justice Services certifies that “personalized handguns” are viable, the next step will be to monitor how the New York Legislature uses that certification to restrict lawful sales of handguns without such features.
Renzulli Law Firm will continue to monitor and provide updates on the New York “personalized handguns” law. If you have any questions about this law or the firearm industry, please contact John F. Renzulli or Christopher Renzulli.