Members of the Democratic Party’s majority in the state Assembly, however, want the state to be ready when the technology is ready. The Assembly recently passed A1191 by a 97-50 vote with Assemblymen Andrew Molitor, R-Westfield, and Joe Sempolinski, R-Canisteo, both voting against the measure. The bill has not made it to the Senate floor yet. Assembly members also approved the legislation during the 2023-24 legislative session, but it was not taken up by state senators.

“I believe this is the rare gun bill that I think everyone can support, and we do have a few of those in the chamber each year,” said Assemblyman Alex Bores, D-New York City. “The NRA has said they don’t oppose bills around smart guns that do not have a mandate. This bill does not have a mandate, as discussed in the debate. I had a conversation with the NSSF that’s similarly had questions but walked away feeling like this bill was one that studied and looked at technology in a way that kept everyone safer but did not restrict anyone’s rights.”

The personalized handguns being discussed by the state legislation use fingerprint and 3D facial recognition to ensure only authorized users can fire it. If an unauthorized user tries to fire the weapon, the technology locks the gun.

A.1191 would amend section 835 of the Executive Law to define a personalized gun and authorized user. It would then add a new section of the Executive Law by adding a new section that would require the Division of Criminal Justice Services to investigate the technological viability of personalized handguns and establish performance standards and testing protocols for personalized handguns. The bill also requires the Division of Criminal Justice Services to maintain a roster of all personalized handguns approved for retail sale, with the roster made available to registered and licensed firearms dealers in the state at least every six months. Additionally, the new section of law requires each licensed firearms retailer to have on its premises at least one personalized handgun available for sale within two years from the date of certification of the technology’s viability, except in cases where such a requirement would impose a significant financial burden.

Alex Bores

Bores said in his legislative justification that user-authenticated or personalized handguns could prevent accidental gun violence, including that involving children playing with handguns that haven’t been properly stored. Assemblyman Joe Angelino, R-Binghamton, was among the Republicans who voted against the bill. He argued during his floor comments on the legislation that personalized handgun technology isn’t yet foolproof while also raising worries that some gun owners would stop properly storing their firearms if user-authenticated handguns are sold – creating a potentially unsafe situation if the software fails.

There are private companies working on the technology, including at least one manufactured by Biofire that is available commercially using integrated fingerprint and facial recognition technology. Another product manufactured by Lodestar has been featured on national newscasts over the past couple of years, while a company named SmartGunz has a smart gun it sells at different prices to law enforcement and civilians.

Guns coming to market could trigger a 2019 New Jersey law requiring all gun shops in the state to offer smart guns after they become available. The 2019 law replaced a 2002 law that would have banned the sale of any handgun except smart guns.

“In 2019 New Jersey had to amend their law and change it because the market just wasn’t causing people to want to buy something that wasn’t tested,” Angelino said. “This has potential. We’re on the way, but I just don’t think it’s there yet.”