NY A4271 and S803 by Tom Reynolds
Two bills (Assembly Bill 4271 and Senate bill 803) have been introduced in the NY Legislature. They say:
NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION ENGAGED IN THE RETAIL BUSINESS OF SELLING RIFLES, SHOTGUNS OR FIREARMS SHALL SELL, DELIVER OR TRANSFER ANY CHILD OPERATED FIREARM TO ANOTHER PERSON.
No one can sell deliver or transfer a Child Operated Firearm. But, young children aren’t allowed to operate firearms. Does this mean toys?
The bills explain what is a Child Operated Firearm:
CHILD OPERATED FIREARM MEANS A PISTOL OR REVOLVER…WHICH DOES NOT CONTAIN A CHILDPROOFING DEVICE OR MECHANISM INCORPORATED INTO THE DESIGN OF SUCH PISTOL OR REVOLVER TO EFFECTIVELY PRECLUDE AN AVERAGE FIVE YEAR OLD CHILD FROM OPERATING THE PISTOL OR REVOLVER.
So, gun locks are not enough. The child proofing needs to be built in as a part of the firearm. Won’t that eliminate virtually every firearm currently sold? Does a bear…
My kids are all above average. But for those of you with average 5 year olds, remember, in just one year they will be six and will be able to bypass these new mechanisms. Wouldn’t it be better to just keep the gun unloaded? Oh wait, that is already the law when children are present in the household.
My above average kids are grown and out on their own. Why would I want to buy a gun with these impediments?
Some examples of these devices or mechanisms to be incorporated into the firearm that are cited in the bill:
1-THE CAPACITY TO ADJUST THE TRIGGER RESISTANCE TO AT LEAST A TEN POUND PULL.
Ten pound pull - the force need to pull the trigger to fire the weapon. Put into perspective, per the American Gun Association on trigger pulls:
1-5 pounds: most single-action revolvers and semiautomatic weapons, some hunting rifles, most target rifles, some shotguns
5-8 pounds: some other hunting rifles, some shotguns, many striker-fired semiautomatic weapons
Over 8 pounds: double-action weapons
What happens with heavier trigger pulls? (You jerk the weapon and miss the target.) Doesn’t missing the target defeat the purpose of the weapon? Does a bear…
Aren’t women generally less strong than men and will have to make greater effort to pull the trigger? What about the handicapped or elderly? Too bad…you die if you need a gun for emergency self defense.
2-THE CAPACITY TO ALTER THE FIRING MECHANISM SO THAT AN AVERAGE FIVE YEAR OLD CHILD'S HANDS ARE TOO SMALL TO OPERATE THE PISTOL OR REVOLVER.
Will only big guns be legal?
3-THE CAPACITY TO REQUIRE A SERIES OF MULTIPLE MOTIONS IN ORDER TO FIRE THE PISTOL OR REVOLVER.
The often-cited reason why many people, (women, black, jews, Asians, LGBTQ, and even straight white men) cite as the reason for buying a gun is self-defense. Using a gun in self-defense is usually an emergency and requires a fast response. (At least that’s what experts in the field say. But what do they know compared to Hochul and the NY Legislature.) Won’t all these mechanisms slow down the response and make it less effective? Does a bear…
Will those that illegally possess guns – some or many of them living with 5 years old or younger children and are responsible for most gun homicides – follow these regulations?
These rules need some “fleshing out”. How will that be done? The law says:
THE SUPERINTENDENT OF THE STATE POLICE SHALL, IN CONSULTATION WITH SUCH GUN MANUFACTURERS AS SUCH SUPERINTENDENT DEEMS APPROPRIATE, ADOPT RULES AND REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR CHILDPROOFING DEVICES OR MECHANISMS TO ENSURE THAT SUCH CHILDPROOFING DEVICES OR MECHANISMS ARE SAFE AND EFFECTIVE.
Steven Nigrelli is the Acting Superintendent of the NY State Police. Yes, that same Nigrelli who is being sued by Antonyuk as he is in charge of enforcing Hochul’s Concealed Carry Improvement Act and reports to Kathy Hochul. Well, I’m sure we can count on him to “deem appropriate” in consulting with gun manufacturers and people in Hochul’s administration and not abuse his unfettered authority when developing these rules and regulations. And, of course, he will not fall into the bureaucratic tendency to overregulate so no one can accuse him of underregulating.
What’s the penalty for breaking the law?
CLASS A MISDEMEANOR. (Up to a year in jail.)
When would it take effect:
This act shall take effect on the first of November next, succeeding the date on which it shall have become a law.
Rough guess: there are 20 million guns already in NY State. What about them? Nothing mentioned…yet. Unless of course, you want to trade your current gun in for a new one. It will be covered and will now have considerably less trade in value.
I know we often say this but you might want to contact your Senator or Assemblyperson and tell them how you feel about these laws.
And as to those gun owners who don’t vote because these laws are not affecting you…keep living in your dream world.
