NY: ‘Smart Gun’ Bill Just Another Gun-Ban Scheme

by Tommy Grant

New York’s latest anti-gun scheme is, like many, a solution in search of a problem.

The measure A.1191, which aims to eventually ban all guns not classified as “smart guns”—a currently unavailable and unproven technology—was recently approved by a 14-to-6 vote in the legislature’s Assembly Codes Committee. The measure requires the state’s Division of Criminal Justice Services to certify any “smart” or “personalized” guns as technologically viable and to create a roster of these firearms.

According to the legislation, “‘Personalized handgun’ means 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. No make or model of a pistol or revolver shall be deemed to be a “personalized handgun” unless the division of criminal justice services has determined the personalized handgun meets the standards established pursuant to section eight hundred thirty-seven of this article.”

The scheme requires that so-called “personalized” handguns be submitted to the division for screening according to the random standards set by the legislation. After that, the ball really starts rolling.

“Following a certification by the division or a designee that personalized handguns are technologically viable, the division shall: (a) within three hundred sixty-five days from the date of certification of the viability of such technology by the division or a designee pursuant to subdivision two of this section, establish performance standards, qualifying criteria and testing protocols applicable to the examination and verification of personalized handguns,” the measure states. “(b) within two years from the date of certification of the viability of such technology by the division or a designee pursuant to subdivision two of this section, establish and maintain a roster of all personalized handguns approved for retail sales to the public. Such roster shall be published on the division’s website and shall be updated at least every six months. A copy of such roster shall be made available to registered and licensed firearms dealers in the state at least every six months.”

Certainly, the primary issue with the legislation is the roster. As highlighted by the National Rifle Association’s Institute for Legislative Action (NRA-ILA) in a recent news piece about the measure, anti-gun advocates of the bill understand that once a roster of “smart” handguns becomes available, they can start prohibiting the use of traditional, conventional handguns.

“This is nothing more than laying the groundwork for a backdoor gun ban so that once approved, they will make sure new traditional handguns cannot be sold,” NRA-ILA wrote in the report. “Like any gun ban, the notion that this legislation is going to have an impact on public safety is just pure fantasy, or in this case, science fiction.”

Notably, the Assembly passed a similar bill out of committee last year but did not move it forward on the floor. A.1191 will next be reviewed by the Assembly Ways & Means Committee. A Senate version of the bill is also being considered.

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