Requires state agencies and certain covered authorities to purchase handguns from responsible suppliers

Summary of provisions

Section 1: Legislative Findings. Section 2: Relates to the purchase of handguns. Provides definitions concerning the purchase of handguns including the definition of responsible supplier. Contained within the definition of responsible supplier is a standard of conduct that makes every reasonable effort to restrict the sale of weapons that might result in the illegal possession and/or misuse by criminals, unauthorized juveniles, and other prohibited persons. This standard of conduct includes the following:

* Prohibiting the sale of weapons to dealers who have sold more than 20 weapons in any 12 month period in the past five years that have been used in crimes or illegally possessed.

* Prohibiting the sale of weapons at gun shows without a mandatory background check for each sale made at that gun show.

* Only selling to dealers who maintain a fixed address for their store, an electronic database including specifications of all guns held in inventory or for sale, and the names and license numbers of all gun buyers.

* Providing full access of records to law enforcement and government regulators.

* Limiting purchases by a person to one weapon per 30 days.

* Implementing a security plan for securing weapons in transit.

* Limiting the sale of assault rifles and large capacity magazines to police, military and other government entities.

This section also includes the language that all state agencies shall only enter into a contract to purchase or lease handguns for use in the performance of official duties from a responsible supplier. Language is also included in this section to address special circumstances in which it is necessary to contract with a supplier that does not adhere to the code of conduct.

Section 3: Contains the effective date.

Justification

It is in the state's best interest to procure handguns for use by state employees in the performance of their duties from responsible suppliers that are committed to the legal sale and use of firearms.

The standard of conduct would ensure that every effort has been made to restrict gun sales that might lead to illegal possession and/or misuse by criminals, unauthorized juveniles, and other prohibited persons. Over 30,000 people in the United States die each year from gunfire. This includes 4,200 children, which is a horrifying average of nine American children each and every day. In New York City, firearms, predominantly handguns, are used in approximately sixty-six percent of the murders committed each year. The number of individuals who suffered injuries inflicted by firearms is more than twice those killed with a firearm. Handguns are also used in a high percentage of other crimes, including robbery, felony reckless endangerment and menacing.

Government agencies purchase approximately twenty-five percent of all guns sold in the United States including guns for police forces, correctional services, and public safety agencies. The state is a major purchaser of handguns for use by the state's various law enforcement agencies.

The state, acting with the discretion allowed any private participant in the market, should choose to allocate its purchasing dollars in a manner that promotes the responsible manufacture, shipment, and sale of handguns. In furtherance of this goal, the legislation requires that state agencies purchase handguns from suppliers that refrain from marketing or manufacturing handguns in a manner that is attractive to criminals and juveniles. In addition, they must adhere to provisions designed to minimize the risk of injury or death to innocent third parties and to prevent handguns from leaving the legal stream of commerce. This legislation does recognize the fact that standards set forth may not be suitable for all law enforcement needs, and provides an exception, if necessary, for handguns procured for law enforcement or military use. It is essential that the State spend its citizens' money in a manner that promotes the safety and wellbeing of its residents. With this legislation, the State can use its purchasing power to alter the way which manufacturers market their firearms.

Legislative history

2010: Referred to Finance 2008: Referred to Finance 2007: Referred to Finance

Fiscal implications

Small cost to the state for developing and disseminating materials relating to gun violence prevention.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.