File #: Int 1016-2024    Version: * Name: Consumer warnings regarding rifles, shotguns, and firearms.
Type: Introduction Status: Committee
Committee: Committee on Consumer and Worker Protection
On agenda: 9/12/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to consumer warnings regarding rifles, shotguns, and firearms
Sponsors: Erik D. Bottcher, Julie Menin, Sandy Nurse, Lynn C. Schulman, Oswald Feliz, Yusef Salaam, Kamillah Hanks, Keith Powers , Farah N. Louis, Christopher Marte, Sandra Ung, Lincoln Restler, Selvena N. Brooks-Powers, Amanda Farías, Mercedes Narcisse, Gale A. Brewer, Justin L. Brannan, Pierina Ana Sanchez, Tiffany Cabán
Council Member Sponsors: 19
Summary: This bill would require dealers in firearms, rifles, and shotguns to display a warning sign where the firearms, rifles, or shotguns are displayed or where they are transferred to the purchaser. The warning sign would include the following message: “A firearm in the home significantly increases the risk of suicide, homicide, death during domestic disputes, and unintentional deaths to children, household members and others. If you or a loved one is experiencing distress or depression, call the Mobile Crisis Team at 1-888-NYC WELL (1-888-692-9355) or the National Suicide Hotline at 988.” Failure to display the sign would be a violation punishable by a fine of not more than $5,000. In addition, the bill would require that graphic images depicting the nature of such risks be posted adjacent to the warning sign. The Department of Health and Mental Hygiene would design and disseminate the graphic images and any rules for posting them.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1016, 2. Int. No. 1016, 3. Hearing Transcript - Stated Meeting 9-12-24, 4. September 12, 2024 - Stated Meeting Agenda

Int. No. 1016

 

By Council Members Bottcher, Menin, Nurse, Schulman, Feliz, Salaam, Hanks, Powers, Louis, Marte, Ung, Restler, Brooks-Powers, Farías, Narcisse, Brewer, Brannan, Sanchez and Cabán

 

A Local Law to amend the administrative code of the city of New York, in relation to consumer warnings regarding rifles, shotguns, and firearms

 

Be it enacted by the Council as follows:

 

Section 1. Section 10-313 of chapter 3 of title 10 of the administrative code of the city of New York, as added by local law 236 of 2017, is amended to read as follows:

§ 10-313 Mandatory disclosure of gun violence information.

a. Prior to issuing a license or permit for possession of a firearm, the police department must provide applicants with the following statement in printed form: “Warning: The presence of a firearm in the home is associated with an increased risk of suicide, death during domestic [violence] disputes, and unintentional deaths to children and others.” Such statement shall be followed by any graphic warning or warnings required by any rule or regulation that may be issued pursuant to subdivision c of this section.

b. Every dealer in firearms and dealer in rifles and shotguns shall, in the place where rifles, shotguns, or firearms are displayed or where rifles, shotguns, or firearms are transferred to a purchaser, conspicuously post:

1. A notice stating: “A firearm in the home significantly increases the risk of suicide, homicide, death during domestic disputes, and unintentional deaths to children, household members, and others. If you or a loved one is experiencing distress or depression, call the Mobile Crisis Team at 1-888-NYC-WELL (1-888-692-9355) or the National Suicide Hotline at 988.” Such notice shall be at least 8 inches by 11 inches and printed in no less than 36-point font, and shall be unobstructed in its entirety.

2. Adjacent to such notice, a graphic warning sign in conformity with the rules and regulations issued pursuant to subdivision c of this section. Such graphic warning sign shall be unobstructed in its entirety.

c. The department of health and mental hygiene shall, within 16 months of the effective date of this subdivision:

1. Design one or more graphic warnings that depict the nature of the health and safety risks listed in the notice required pursuant to paragraph 1 of subdivision b of this section and which, in the view of the department of health and mental hygiene, are likely to be beneficial in educating the public and mitigating such risks;

2. Promulgate such rules and regulations as are necessary to establish the format, type size, colors, designs, and any additional text to be included in a graphic warning sign to be posted pursuant to subdivision a or paragraph 2 of subdivision b of this section;

3. Publish and make freely available on its website the graphic warnings designed pursuant to paragraph 1 of this subdivision; and

4. In coordination with the department of small business services, notify all dealers in firearms and dealers in rifles and shotguns in the city of New York of their obligations pursuant to this section.

d. Any person who violates subdivision b of this section shall be guilty of a violation punishable by a fine of not more than $5,000.

e. If any provision of this section or of the rules and regulations promulgated under this division is judged to be invalid by any court of competent jurisdiction, whether as written or as applied to a particular person or circumstances, that judgment shall not affect or impair the validity of the remaining provisions, rules, and regulations or the application thereof to other persons and circumstances.

§ 2. This local law takes effect 60 days after it becomes law, except that paragraph 2 of subdivision b of section 10-313 of chapter 3 of title 10 of the administrative code of the city of New York shall take effect 60 days after the department of health and mental hygiene publishes such rules and regulations as may be required pursuant to subdivision c of that section.

AM/JLB

LS #9682 & 9689

9/5/2024 6:35 PM