In New York, the Superintendent of State Police (Superintendent) is authorized to issue rules and regulations reasonably necessary to prevent the manufacture and assembly of unsafe handguns, short-barreled shotguns or rifles, and assault weapons.¹ Pursuant to regulations promulgated by the Superintendent, a person who is engaged in the business of manufacturing or assembling handguns must obtain a certificate of compliance for each specific handgun model he or she wishes to manufacture or assemble in New York.² Certificates of compliance are granted subject to a prototype of the handgun passing a series of tests. If the handgun does not perform satisfactorily during the tests, the certificate will be revoked or suspended to allow the manufacturer to remedy the deficiency.³ The prototype must meet requirements based on materials and parts, and safe functioning.⁴

Material and parts requirements include:

• Basic structural component specifications including melting point and tensile strength; • An absence of cracks, bulges or splits in or on the barrel, chambers of the cylinder, slide, cylinder-frame and/or receiver after firing; • The existence of safety devices to prevent firing; • A specified amount of space between the barrel and cylinder in a revolver after firing; and • A specified chamber diameter.⁵

Safe functioning tests include:

• A proof test which includes visual examination of a cartridge after firing to ensure there are no splits or other defects; • An endurance test consisting of firing 1,000 rounds of ammunition and a test of the safety device after all firing is completed; and • A drop test, performed a total of five times after the endurance test is complete, to determine whether the safety device will withstand the impact of a weight equal to that of a firearm dropping from a distance of 36 inches.⁶

In addition, members of the state police must be permitted on any business day, during business hours, to inspect a manufacturer’s premises and records pertaining to the firearms manufactured or assembled within the premises.⁷ The purpose of such inspections is to ensure that the manufacture and assembly of firearms are being conducted in accordance with the certificate of compliance.⁸

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1. N.Y. Penal Law § 400.00(12-a).[↩]
2. N.Y. Comp. Codes R. & Regs. tit. 9, § 482.2.[↩]
3. See N.Y. Comp. Codes R. & Regs. tit. 9, § 482.3.[↩]
4. N.Y. Comp. Codes R. & Regs. tit. 9, §§ 482.5 and 482.6.[↩]
5. N.Y. Comp. Codes R. & Regs. tit. 9, § 482.5.[↩]
6. N.Y. Comp. Codes R. & Regs. tit. 9, § 482.6.[↩]
7. N.Y. Comp. Codes R. & Regs. tit. 9, § 482.4.[↩]
8. Id.[↩]