What's happening
This bill requires police to review a rifle or shotgun purchaser's social media and search history before sale approval.
Why it matters
Expands police authority. Police must now actively review and investigate a buyer’s social media and search history before approving any rifle or shotgun sale, giving law enforcement greater oversight into applicants’ personal online lives.
Defines specific criteria for denial. The investigation targets online activity involving hate speech, threats, terrorism, or any “other issue deemed necessary” by police, potentially broadening the range of reasons someone can be denied a firearm.
Requires disclosure of private information. Applicants must provide police with usernames and passwords for Facebook, Snapchat, Twitter, Instagram, and their accounts on Google, Yahoo, and Bing, raising significant privacy and data security concerns.
May affect both gun access and civil liberties. By tying gun purchase approvals to online behavior, the bill could deter harmful conduct but also raises questions about free speech, surveillance, and the fairness of subjective police decisions.
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Who cares
Rifle and shotgun buyers
Purchasers buying from licensed dealers would have to consent to police review of three years of specified social media accounts and one year of search history, provide necessary login credentials and obtain approval before delivery.
Licensed firearms dealers
Dealers would need purchasers to provide proof of police approval before delivering a rifle or shotgun.
Local police authorities
Police where the sale occurs would investigate specified online posts and searches for grounds to deny a purchase, report results without unnecessary delay and issue proof of approval when appropriate.
Headline styles
Check Social Media for Guns
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 44
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5256
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
Introduced by M. of A. CARROLL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring social media and search engine reviews prior to the delivery of a rifle or shotgun
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 400.20 to read as follows: § 400.20 Social media account and search engine history review prior to
the delivery of a rifle or shotgun.
1. Prior to the delivery of any rifle or shotgun sold by a licensed dealer to any person, the purchaser shall consent to have his or her social media accounts and search engine history reviewed and investigated by the police authority of the locality where such sale is made. After completion of the review pursuant to subdivision two of this section, the purchaser shall provide the licensed dealer with proof of his or her approval to purchase such rifle or shotgun.
2. In order to ascertain whether any social media account or search engine history of a purchaser of a rifle or shotgun presents any good cause for the denial of such purchase, the police authority of the locality where such sale is made shall, after obtaining the purchaser's consent pursuant to subdivision one of this section, and obtaining any log-in name, password or other means for accessing a personal account, service, or electronic communications device necessary to review such purchaser's social media accounts and search engine history, review a purchaser's social media accounts for the previous three years and search engine history for the previous year and investigate posts or searches related to (i) commonly known profane slurs or biased language used to describe the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person; (ii) threatening the health or safety of another person; (iii)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05507-01-9
A. 5256 2
an act of terrorism; or (iv) any other issue deemed necessary by the police authority. For the purposes of this section, "social media accounts" shall only include Facebook, Snapchat, Twitter and Instagram, and "search engine" shall only include Google, Yahoo and Bing. Upon completion of the investigation, the police authority shall report the results to the purchaser without unnecessary delay and, if appropriate, provide the purchaser with proof of approval to purchase such rifle or shotgun.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.