What New York’s Proposed Smart Gun Bill Will REALLY Do

A while back, New Jersey passed a law that dictated every gun store in the state could only carry “smart guns” as soon as they entered the market. The result? Absolutely no gun company had any interest in developing any such firearm. The moment a viable weapon hit the market, every other product would be shut down, including many of their own.

In time, New Jersey changed the law so that the gun stores could still sell more traditional firearms, they’d just need to have at least one model of smart gun in the case for people who wanted such a firearm.

New Jersey’s earlier effort was a trainwreck, so they adjusted.

New York, however, didn’t seem to learn from its neighbor’s failures. They’ve got their own smart gun bill running through the legislature right now.

As Mark Chesnut notes over at The Truth About Guns, though, what the bill really is about is something far more sinister.

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.”

…

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.

In other words, they’re trying the same approach New Jersey tried, only they’re going to do it piecemeal.

First, they create a roster of approved “smart guns,” then after that becomes a thing, they can restrict traditional handguns into oblivion.

At least in theory.

I say that because a roster for smart guns is likely the least controversial aspect of this, but even that is likely to be challenged. A ban on other guns will most definitely be challenged, and depending on the judicial landscape, it might get killed really quickly. After all, assault ban challenges are happening right now. If the Supreme Court hears one and decides that no, you cannot ban any category of firearms, then trying to ban “dumb guns” might well become a non-starter for the courts.

That doesn’t mean New York won’t try it, of course. They like to try and see what they can get away with on gun control, so I have no problem imagining this bill passing regardless of what the courts may decide between then and now.