STATE OF NEW YORK
        ________________________________________________________________________

                                         5813--A

                               2025-2026 Regular Sessions

                    IN SENATE

                                      March 3, 2025
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be  committed  to  the Committee on Budget and Revenue --
          recommitted to the Committee on Budget and Revenue in accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the tax law and the penal law, in relation to an  excise
          tax  on  the  sale of firearms and  ammunition; and to amend the state
          finance law, in relation to creating a  gun  violence  prevention  and
          school safety fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The tax law is amended by adding a new article 19-A to read
     2  as follows:
     3                                 ARTICLE 19-A
     4                    EXCISE TAX ON FIREARMS AND AMMUNITION
     5  Section 460. Definitions.
     6          461. Imposition of tax.
     7          462. Registration and renewal.
     8          463. Returns and payment of tax.
     9          464. Records to be kept; penalties.
    10          465. Returns to be secret.
    11          466. Administrative provisions.
    12          467. Enforcement.
    13          468. Deposit and disposition of revenue.
    14    § 460. Definitions. For purposes of this article, the following  defi-
    15  nitions shall apply:
    16    (a) The following terms shall have the same meaning as those terms are
    17  defined in articles two hundred sixty-five and four hundred of the penal
    18  law:  "seller of ammunition", "firearm", "dealer in firearms" and "major
    19  component of a firearm".

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10402-03-6

        S. 5813--A                          2

     1    (b) "Firearms manufacturer" means any entity licensed  to  manufacture
     2  firearms  pursuant  to Chapter 44 (commencing with Section 921) of Title
     3  18 of the United States Code that  engages  in  any  retail  sale  of  a
     4  firearm or major component of a firearm to a consumer in New York.
     5    (c)  "Law enforcement agency" shall have the same meaning as set forth
     6  in section 705.00 of the criminal procedure law and shall  also  include
     7  any  department  or agency of the state or of any county, city, or other
     8  political subdivision thereof that employs  any  peace  officer  who  is
     9  authorized to carry a firearm while on duty, or any department or agency
    10  of  the  federal  government or a federally recognized Indian tribe with
    11  jurisdiction that has tribal land in New York that  employs  any  police
    12  officer  or criminal investigator authorized to carry a firearm while on
    13  duty.
    14    (d) "Peace officer" shall have the same meaning as in section 2.10  of
    15  the  criminal  procedure law and who is authorized to carry a firearm on
    16  duty, or any police officer or criminal  investigator  employed  by  the
    17  federal government or a federally recognized Indian tribe with jurisdic-
    18  tion  that  has  tribal  land  in New York, who is authorized to carry a
    19  firearm while on duty.
    20    § 461. Imposition of tax. (a)  Commencing  July  first,  two  thousand
    21  twenty-six,  an  excise  tax  is hereby imposed upon licensed dealers in
    22  firearms, firearms manufacturers, and sellers of ammunition, at the rate
    23  of eleven percent of the gross receipts from the  retail  sale  in  this
    24  state of any firearm, major component of a firearm, or ammunition.
    25    (b) (1) The provisions of this section shall not apply to retail sales
    26  of firearms, major components of firearms or ammunition to any active or
    27  retired peace officer or any law enforcement agency employing that peace
    28  officer.
    29    (2) There are exempted from the tax imposed by this article, the gross
    30  receipts  from  the  retail  sale  of  any firearm, major component of a
    31  firearm, or ammunition by any  licensed  dealer  in  firearms,  firearms
    32  manufacturer,  or  seller of ammunition in any quarterly period in which
    33  the total gross receipts from the retail sales of firearms, major compo-
    34  nents of firearms, or ammunition is less than five thousand dollars.
    35    §  462.  Registration  and  renewal.  (a)  Every  licensed  dealer  in
    36  firearms,  firearms manufacturer, or seller of ammunition on whom tax is
    37  imposed under this article must file with the  commissioner  a  properly
    38  completed  application for a certificate of registration and obtain such
    39  certificate before engaging in business. An application  for  a  certif-
    40  icate  of  registration  must  be  submitted  electronically,  on a form
    41  prescribed by the commissioner, and must be accompanied by a non-refund-
    42  able application fee as set by the commissioner. A certificate of regis-
    43  tration shall not be assignable or transferable and shall  be  destroyed
    44  immediately upon such person ceasing to do business as specified in such
    45  certificate, or in the event that such business never commenced.
    46    (b) (1) The commissioner shall refuse to issue a certificate of regis-
    47  tration  to  any applicant and shall revoke the certificate of registra-
    48  tion of any such person who does not possess a valid license under arti-
    49  cle four hundred of the penal law.
    50    (2) The commissioner may refuse to issue a certificate of registration
    51  to any applicant where such applicant:
    52    (i) has a past-due liability as that term is defined  in  section  one
    53  hundred seventy-one-v of this chapter;
    54    (ii)  has had a certificate of registration under this article revoked
    55  or suspended where such revocation or suspension was in  effect  on  the

        S. 5813--A                          3

     1  date the application was filed or ended within one year from the date on
     2  which such application was filed;
     3    (iii) has been convicted of a crime provided for in this chapter with-
     4  in  one  year  from  the date on which such application was filed or the
     5  certificate was issued, as applicable;
     6    (iv) willfully fails to file a report or return required by this arti-
     7  cle;
     8    (v) willfully files, causes to be filed, gives or causes to be given a
     9  report, return, certificate or affidavit required by this article  which
    10  is false; or
    11    (vi)  willfully fails to collect or truthfully account for or pay over
    12  any tax imposed by this article.
    13    (3) The commissioner may revoke the certificate of registration issued
    14  to any person who:
    15    (i) has had any license or registration provided for in  this  chapter
    16  revoked or suspended;
    17    (ii)  has been convicted of a crime provided for in this chapter where
    18  such conviction occurred not more than one year prior  to  the  date  of
    19  revocation;
    20    (iii)  willfully  fails  to  file  a report or return required by this
    21  article;
    22    (iv) willfully files, causes to be filed, gives or causes to be  given
    23  a  report,  return,  certificate  or  affidavit required by this article
    24  which is false; or
    25    (v) willfully fails to collect or truthfully account for or  pay  over
    26  any tax imposed by this article.
    27    A  person  who  is  notified  of  a revocation of their certificate of
    28  registration pursuant to this paragraph shall have the right to have the
    29  revocation reviewed by the commissioner or their designee by  contacting
    30  the  department  at  a telephone number or an address to be disclosed in
    31  the notice of revocation within ten days of  such  person's  receipt  of
    32  such  notification. Such person may present written evidence or argument
    33  in support of their defense to the revocation or may appear at a  sched-
    34  uled  conference with the commissioner or their designee to present oral
    35  arguments and written and oral evidence in support of such defense.  The
    36  commissioner or their designee is authorized to delay the effective date
    37  of the revocation to enable such person to present further  evidence  or
    38  arguments  in  connection with the revocation. The commissioner or their
    39  designee shall cancel the revocation of the certificate of  registration
    40  if  the  commissioner or their designee is not satisfied by a preponder-
    41  ance of the evidence that a basis for revocation pursuant to this  para-
    42  graph  exists.  An  order of revocation of a certificate of registration
    43  under this paragraph shall not be reviewable  by  the  division  of  tax
    44  appeals  but  may  be  reviewed pursuant to article seventy-eight of the
    45  civil practice law and rules by a proceeding commenced  in  the  supreme
    46  court within four months of the revocation petitioning that the order of
    47  revocation  be  enjoined  or set aside.  Such proceeding shall be insti-
    48  tuted in the county where the commissioner has their  principal  office.
    49  Upon  the  filing  of such petition the court shall have jurisdiction to
    50  set aside such order of revocation, in whole or in part, or  to  dismiss
    51  the  petition.  The jurisdiction of the supreme court shall be exclusive
    52  and its order dismissing the petition or enjoining or setting aside such
    53  order, in whole or in part, shall be final, subject  to  review  by  the
    54  appellate  division of the supreme court and the court of appeals in the
    55  same manner and form and with the same effect as  provided  by  law  for
    56  appeals  from  a judgment in a special proceeding.  All such proceedings

        S. 5813--A                          4

     1  shall be heard and determined by the court and by any appellate court as
     2  expeditiously as possible and with lawful precedence  over  other  civil
     3  matters. All such proceedings for review shall be heard on the petition,
     4  transcript and other papers, and on appeal shall be heard on the record,
     5  without requirement of printing.
     6    (c) Where a person that does not possess a certificate of registration
     7  under  this  section  has  been determined to have possessed or sold any
     8  firearm, major component of a firearm or ammunition:
     9    (1) The commissioner may revoke a certificate of authority  issued  to
    10  such person pursuant to section eleven hundred thirty-four of this chap-
    11  ter  for  a  place  of business where such person has been determined to
    12  have possessed for sale or to have sold firearms,  major  components  of
    13  firearms or ammunition three or more times within a period of five years
    14  without a certificate of registration.
    15    (2)  The  commissioner  may refuse to issue a certificate of authority
    16  under section eleven hundred thirty-four of this  chapter  to  a  person
    17  upon  whom  tax  is  imposed  under  this  article  unless the applicant
    18  provides the commissioner with adequate documentation demonstrating that
    19  such applicant acquired the premises or business through an arm's length
    20  transaction as defined in paragraph (e) of subdivision  one  of  section
    21  four hundred eighty-a of this chapter and that the sale or lease was not
    22  conducted,  in  whole  or  in  part,  for  the purpose of permitting the
    23  original registrant to avoid the effect of the previous  revocation  for
    24  the same premises.
    25    (d) A certificate of registration shall be valid for the period speci-
    26  fied  thereon,  unless earlier suspended or revoked. Upon the expiration
    27  of the term stated on a certificate of  registration,  such  certificate
    28  shall be null and void.
    29    (e)  Every  holder  of  a  certificate of registration must notify the
    30  commissioner of changes to any of the information stated on the  certif-
    31  icate, or of changes to any information contained in the application for
    32  the  certificate  of  registration. Such notification must be made on or
    33  before the last day of the month in which a change occurs  and  must  be
    34  made electronically on a form prescribed by the commissioner.
    35    (f)  Every  holder of a certificate of registration under this article
    36  shall be required to reapply prior  to  such  certificate's  expiration,
    37  during  a  reapplication  period  established by the commissioner.  Such
    38  reapplication period shall not occur  more  frequently  than  every  two
    39  years.  Such reapplication shall be subject to the same requirements and
    40  conditions as an initial application, including grounds for refusal  and
    41  the payment of the application fee.
    42    (g)  (1)  The department shall notify the division of state police if,
    43  after providing notice and the opportunity for a hearing, the department
    44  has revoked the certificate of registration of a licensed firearms deal-
    45  er, seller of ammunition, or firearms  manufacturer  for  violating  any
    46  provision of this article.
    47    (2)  The  holder  of  a certificate of registration that has had their
    48  certificate revoked pursuant to this article may petition the department
    49  for reinstatement of the certificate by  paying  the  amount  of  unpaid
    50  excise  tax determined, together with any interest and penalties, demon-
    51  strating full compliance with the provisions of this article, and paying
    52  a fee of fifty dollars to the department for reinstatement. The  depart-
    53  ment  shall  reinstate  the  certificate  of registration of any revoked
    54  certificate  holder  that  has   satisfactorily   complied   with   this
    55  subsection.

        S. 5813--A                          5

     1    §  463.  Returns  and  payment of tax. (a) Every person on whom tax is
     2  imposed under this article shall, on or before the twentieth day of  the
     3  month  following  each quarterly period ending on the last day of Febru-
     4  ary, May, August, and November, respectively, file  electronically  with
     5  the commissioner a return on forms to be prescribed by the commissioner,
     6  showing  the  total  amount  of  tax  due  in such quarterly period, and
     7  including such other information as the commissioner may require.
     8    (b) Every person required to file a return under this  section  shall,
     9  at the time of filing such return, pay electronically to the commission-
    10  er the total amount of tax due for the period covered by such return. If
    11  a return is not filed when due, the tax shall be due on the day on which
    12  the return is required to be filed.
    13    §  464.  Records to be kept; penalties. (a) Records to be kept.  Every
    14  licensed dealer in firearms, firearms manufacturer, and seller of  ammu-
    15  nition,  on  whom  tax  is  imposed  under  this  article shall maintain
    16  complete and accurate records in  such  form  as  the  commissioner  may
    17  require.    Such  records  must be preserved for a period of three years
    18  after the filing of the return to which such records relate and must  be
    19  provided to the commissioner upon request.
    20    (b) Penalties. In addition to any other penalty provided in this arti-
    21  cle  or  otherwise  imposed  by law, every person on whom tax is imposed
    22  under this article who fails  to  maintain  or  make  available  to  the
    23  commissioner the records required by this section is subject to a penal-
    24  ty not to exceed five hundred dollars for each month or part thereof for
    25  which the failure occurs. This penalty may not be imposed more than once
    26  for  failures  for  the  same  monthly  period or part thereof.   If the
    27  commissioner determines that a failure to  maintain  or  make  available
    28  records  in  any  month  was entirely due to reasonable cause and not to
    29  willful neglect, the commissioner must remit the penalty for that month.
    30    § 465. Returns to be secret. (a)  Except  in  accordance  with  proper
    31  judicial  order  or  as in this section or otherwise provided by law, it
    32  shall be unlawful for the commissioner, any officer or employee  of  the
    33  department,  or  any officer or person who, pursuant to this section, is
    34  permitted to inspect any return or report or to whom a copy, an abstract
    35  or a portion of any return or report is furnished, or to whom any infor-
    36  mation contained in any return or report is furnished, or any person who
    37  in any manner may acquire knowledge of  the  contents  of  a  return  or
    38  report  filed  pursuant  to this article to divulge or make known in any
    39  manner the content or any other information contained in any  return  or
    40  report required under this article. The officers charged with the custo-
    41  dy  of  such  returns or reports shall not be required to produce any of
    42  them or evidence of anything contained in them in any action or  preced-
    43  ing  in  any court, except on behalf of the state or the commissioner in
    44  an action or proceeding involving the collection of tax due  under  this
    45  chapter  to which the state or the commissioner is a party or a claimant
    46  or on behalf of  any  party  to  any  action  or  proceeding  under  the
    47  provisions of this article, when the returns or the reports or the facts
    48  shown  thereby are directly involved in such action or proceeding, or in
    49  an action or  proceeding  related  to  the  regulation  or  taxation  of
    50  firearms  or  ammunition on behalf of officers to whom information shall
    51  have been supplied as provided in this section, in any of  which  events
    52  the  court  may  require the production of, and may admit in evidence so
    53  much of said returns or reports or of the facts  shown  thereby  as  are
    54  pertinent  to the action or proceeding and no more. Nothing herein shall
    55  be construed  to  prohibit  the  commissioner,  in  such  commissioner's
    56  discretion, from allowing the inspection or delivery of a certified copy

        S. 5813--A                          6

     1  of  any  return or report filed under this article or of any information
     2  contained in any such return or report to the attorney general or  other
     3  legal representatives of the state when an action shall have been recom-
     4  mended  or  commenced  pursuant to this chapter in which such returns or
     5  reports or the  facts  shown  thereby  are  directly  involved;  or  the
     6  inspection  of the returns or reports required under this article by the
     7  comptroller or duly designated officer or employee of the state  depart-
     8  ment  of audit and control, for purposes of the audit of a refund of any
     9  tax paid by any person under this article; nor to prohibit the  delivery
    10  to  such  person  or  a duly authorized representative of such person, a
    11  certified copy of any return or report filed by such person pursuant  to
    12  this  article,  nor to prohibit the publication of statistics so classi-
    13  fied as to prevent the identification of particular returns  or  reports
    14  and  the  items  thereof.  This  section  shall also not be construed to
    15  prohibit the disclosure, for tax administration purposes, to  the  divi-
    16  sion  of the budget and the office of the state comptroller, of informa-
    17  tion aggregated from the returns filed by all  persons  subject  to  the
    18  taxes  imposed by the article, whether the number of such persons is one
    19  or more.
    20    (b) The commissioner, in such commissioner's  discretion,  may  permit
    21  the  appropriate  officers  of  any  other state that regulates or taxes
    22  firearms, major components of firearms or ammunition or the duly author-
    23  ized representatives of any such officers, to inspect returns or reports
    24  made pursuant to this article, or may furnish to such other officers, or
    25  their duly authorized representatives, a copy  of  any  such  return  or
    26  report  or  an  abstract  of  the  information therein contained, or any
    27  portion thereof, or may supply any such officers or such representatives
    28  with information relating to the business of a person making returns  or
    29  reports hereunder solely for purposes of tax administration. The commis-
    30  sioner  may refuse to supply information pursuant to this subdivision to
    31  the officers of any other state if the statutes of the state represented
    32  by such officers do not grant substantially similar  privileges  to  the
    33  commissioner, but such refusal shall not be mandatory. Information shall
    34  not  be  supplied  to  the  officers of any state unless such officer or
    35  other representatives shall agree not to divulge or make  known  in  any
    36  manner  the information so supplied, but such officers may transmit such
    37  information to their employees or legal representatives when  necessary,
    38  who  in  turn  shall be subject to the same restrictions as those hereby
    39  imposed upon such officer or other representatives.
    40    (c)(1) Any officer or employee of the state who willfully violates the
    41  provisions of subdivision (a) or (b) of this section shall be  dismissed
    42  from  office and be incapable of holding any public office in this state
    43  for a period of five years thereafter.
    44    (2) For criminal penalties, see article thirty-seven of this chapter.
    45    § 466. Administrative provisions. The provisions  of  article  twenty-
    46  seven  of  this chapter shall apply to the taxes imposed by section four
    47  hundred sixty-one of this article in the same manner and with  the  same
    48  force  and  effect  as if the language of such article had been incorpo-
    49  rated in full into this section and had expressly referred  to  the  tax
    50  imposed by this article, except to the extent that any provision of such
    51  article  is  either  inconsistent with a provision of this article or is
    52  not relevant to this article.
    53    § 467.  Enforcement.  The  commissioner  or  the  commissioner's  duly
    54  authorized representatives are hereby authorized:
    55    (a)  To conduct regulatory inspections during normal business hours of
    56  any place of business.

        S. 5813--A                          7

     1    (b) To examine any books, papers, invoices and other  records  of  any
     2  place  of  business  of a dealer in firearms, or seller of ammunition or
     3  major components of firearms. Any person in possession, control or occu-
     4  pancy of any such business is required to give to  the  commissioner  or
     5  the  commissioner's  duly  authorized representatives the means, facili-
     6  ties, and opportunity for such examinations. For the  purposes  of  this
     7  section, "place of business" shall not include a residence or other real
     8  property,  or  any  personal vehicle on or about such property, not held
     9  out as open to the public or otherwise being utilized in a  business  or
    10  commercial  manner,  unless  probable  cause exists to believe that such
    11  residence, real property or vehicle is being used in such a business  or
    12  commercial  manner  for  the buying or selling of firearms, major compo-
    13  nents of firearms or ammunition.
    14    (c) If any person registered under section four hundred  sixty-two  of
    15  this  article, or their agents, refuses to give the commissioner, or the
    16  commissioner's duly authorized representatives,  the  means,  facilities
    17  and  opportunity  for  the inspections and examinations required by this
    18  section, the commissioner, after notice and an opportunity for  a  hear-
    19  ing, may revoke their registration to sell firearms or ammunition:
    20    (i) for a period of one year for the first such failure;
    21    (ii) for a period of up to three years for a second such failure with-
    22  in a period of three years; and
    23    (iii) for a period of up to seven years for a third such failure with-
    24  in five years.
    25    §  468.  Deposit  and disposition of revenue. All taxes, interest, and
    26  penalties collected or received by the commissioner under  this  article
    27  shall be deposited and disposed of pursuant to the provisions of section
    28  one hundred seventy-one-a of this chapter, provided that an amount equal
    29  to  one  hundred  percent  collected  under this article less any amount
    30  determined by the commissioner to be reserved  by  the  comptroller  for
    31  refunds or reimbursements shall be paid by the comptroller to the credit
    32  of  the  gun  violence  prevention and school safety fund established by
    33  section ninety-nine-uu of the state finance law. Of  the  total  revenue
    34  collected  or  received under this article, the comptroller shall retain
    35  such amount as the  commissioner  may  determine  to  be  necessary  for
    36  refunds.  The commissioner is authorized and directed to deduct from the
    37  registration fees under subdivision (a) of section four  hundred  sixty-
    38  one  of  this  article,  before  deposit into the fund designated by the
    39  comptroller, a reasonable amount  necessary  to  effectuate  refunds  of
    40  appropriations  of  the  department  to reimburse the department for the
    41  costs incurred to administer, collect, and distribute the taxes  imposed
    42  by this article.
    43    §  2.  The penal law is amended by adding a new section 400.04 to read
    44  as follows:
    45  § 400.04 Firearm and ammunition excise tax administration.
    46    1. By no later than March thirty-first, two thousand  twenty-six,  and
    47  thereafter  by  no later than the last day of each calendar quarter, the
    48  division of state police shall provide a list, including the  names  and
    49  business  locations of all licensed firearm dealers, firearm manufactur-
    50  ers, and sellers of ammunition in the statewide license and record data-
    51  base maintained under section 400.02 of this article to  the  department
    52  of taxation and finance for the purposes of administering the excise tax
    53  imposed pursuant to article nineteen-A of the tax law.
    54    2.  The division of state police may revoke any license of a seller of
    55  ammunition or firearms dealer or firearms manufacturer upon notification
    56  from the department of taxation and finance that, after providing notice

        S. 5813--A                          8

     1  and the opportunity for  a  hearing,  the  department  of  taxation  and
     2  finance has revoked the licensee's certificate of registration, pursuant
     3  to section four hundred sixty-two of the tax law.
     4    3.  The  licensing  authority  may  reinstate  a license that has been
     5  revoked if  the  department  of  taxation  finance  has  reinstated  the
     6  licensee's certificate of registration or the seller's permit, as appli-
     7  cable.
     8    § 3. The state finance law is amended by adding a new section 99-uu to
     9  read as follows:
    10    §  99-uu.  Gun violence prevention and school safety fund. 1. There is
    11  hereby established in the joint custody of the state comptroller and the
    12  commissioner of taxation and finance a special fund to be known  as  the
    13  gun violence prevention and school safety fund.
    14    2.  Such fund shall consist of all revenues received by the department
    15  of taxation and finance, pursuant to the  provisions  of  article  nine-
    16  teen-A of the tax law and all other moneys credited or transferred ther-
    17  eto  from any other fund or source pursuant to law. Nothing contained in
    18  this section shall prevent the state from  receiving  grants,  gifts  or
    19  bequests  for  the  purposes  of the fund as defined in this section and
    20  depositing them into the fund according to law.
    21    3. The moneys in  such  fund  shall  be  expended  for  the  following
    22  purposes:
    23    (a)  to  the  department  of  education  to  enhance  school safety by
    24  addressing risk factors for gun violence affecting pupils in  kindergar-
    25  ten  through  grade  twelve,  through  the  funding of related measures,
    26  including, physical security improvements, physical safety  assessments,
    27  school-based  or  school-linked  mental  health and behavioral services,
    28  including training for teachers and employees,  and  before  school  and
    29  after school programs for at-risk pupils;
    30    (b)  to  support a court-based firearm relinquishment grant program to
    31  ensure the prompt, consistent, and safe removal of firearms by state and
    32  local law enforcement agencies from individuals  who  become  prohibited
    33  from owning or possessing firearms and ammunition pursuant to a criminal
    34  conviction  or  other  criminal or civil court order, including, but not
    35  limited to, criminal protective orders,  domestic  violence  restraining
    36  orders,  gun  violence  restraining orders, civil harassment restraining
    37  orders, and workplace violence restraining orders;
    38    (c) to fund a  victims  of  gun  violence  grant  program  to  support
    39  evidence-based activities to equitably improve investigations and clear-
    40  ance  rates  in  firearm  homicide and firearm assault investigations in
    41  communities disproportionately impacted by firearm homicides and firearm
    42  assaults which may include hiring and training detectives  dedicated  to
    43  investigating  these  offenses,  hiring  and training personnel or other
    44  partners to coordinate with victims and witnesses or to  collect,  proc-
    45  ess, and test relevant evidence, improving data analysis, forensics, and
    46  technological  capacities,  and  promoting recurring and trauma-informed
    47  engagement with victims, witnesses, and other impacted community members
    48  in a manner that builds trust, safety, and collaboration;
    49    (d) to support activities to inform firearm and ammunition  purchasers
    50  and  firearm  owners about gun safety laws and responsibilities, such as
    51  safe firearm storage, and to promote implementation and coordination  of
    52  gun  violence  prevention  efforts  through activities such as technical
    53  assistance, training, capacity building, and local gun violence data and
    54  problem analysis support for local governments,  law  enforcement  agen-
    55  cies, community-based service providers, and other stakeholders;

        S. 5813--A                          9

     1    (e)  to  provide  counseling  and  trauma-informed support services to
     2  direct and secondary victims of mass shootings and other  gun  homicides
     3  and  to  individuals  who have experienced chronic exposure to community
     4  gun violence;
     5    (f)  for  gun violence research and initiatives to educate health care
     6  providers and other stakeholders about clinical tools and  other  inter-
     7  ventions for preventing firearm suicide and injury; and
     8    (g)  to fund and support activities and programs focused on preventing
     9  gun violence, supporting victims of gun violence, and otherwise  remedi-
    10  ating the harmful effects of gun violence.
    11    4. Moneys in the firearm violence research fund may be invested by the
    12  comptroller  pursuant to section ninety-eight-a of this article, and any
    13  income received by the comptroller shall be used  for  the  purposes  of
    14  such fund.
    15    §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
    16  section or part of this act shall be adjudged by any court of  competent
    17  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    18  invalidate the remainder thereof, but shall be confined in its operation
    19  to the clause, sentence, paragraph, subdivision, section or part  there-
    20  of  directly  involved  in  the controversy in which such judgment shall
    21  have been rendered. It is hereby declared to be the intent of the legis-
    22  lature that this act would  have  been  enacted  even  if  such  invalid
    23  provisions had not been included herein.
    24    §  5.  This  act shall take effect immediately, provided that sections
    25  one and three of this act shall take effect January 1,  2027.  Effective
    26  immediately,  the addition, amendment and/or repeal of any rule or regu-
    27  lation necessary for the implementation of this  act  on  its  effective
    28  date are authorized to be made and completed on or before such effective
    29  date.