N.Y. Executive Law § 837-aa: Firearm prevention technology requirements for three-dimensional printers

§ 837-aa. Firearm prevention technology requirements for

three-dimensional printers. 1. As used in this section, the following

terms shall have the following meanings:

(a) "Three-dimensional printer" means:

(i) any machine capable of rendering a three-dimensional object from a

digital design file using additive manufacturing; or

(ii) any machine capable of making three-dimensional modifications to

an object from a digital design file using subtractive manufacturing.

(b) "Blocking technology" means hardware, software, firmware, or other

integrated technological measures capable of ensuring a

three-dimensional printer will not proceed to print any print job unless

the underlying three-dimensional printing file has been evaluated by a

firearms blueprint detection algorithm and determined not to be a

printing file that would produce a firearm or illegal firearm parts.

(c) "Firearms blueprint detection algorithm" means a software service

that evaluates three-dimensional printing files, whether in the form of

stereolithography (STL) files or other computer aided design files or

geometric code, to determine if they can be used to program a

three-dimensional printer to produce a firearm or illegal firearm parts,

and flag any such files to prevent their use to manufacture said firearm

or illegal firearm parts.

(d) "Illegal firearm parts" means an unfinished frame or receiver, a

major component of a firearm, or any part designed and intended for use

in converting a semi-automatic weapon into a machine gun, including, but

not limited to, a pistol converter.

(e) All other terms shall have the same meaning given to such terms in

section 265.00 of the penal law.

2. Within ninety days of the effective date of this section, the

division, the department of state, and the state university of New York

shall convene a working group which shall include experts in additive

manufacturing technology, artificial intelligence and digital security,

firearms regulation, public safety, consumer product safety, and any

other relevant disciplines determined by the division to be necessary to

perform the functions prescribed herein. No later than one year after

the working group convenes, the working group shall make recommendations

regarding the minimum safety standards a three-dimensional printer's

blocking technology must meet in order to comply with the requirements

of section three hundred ninety-six-eeee of the general business law.

Such recommendations shall address, at a minimum, available and

appropriate types of blocking technology, including minimum performance

standards for those technologies and for firearms blueprint detection

algorithms, necessary safeguards to reduce the risk of circumvention of

blocking technology, and alignment with existing state and federal law.

Provided, however, that if the working group determines that it is not

technologically feasible to require three-dimensional printers sold in

the state of New York to include blocking technology, the working group

shall so report, and no regulations shall be required to be promulgated

pursuant to this section, until such time as the working group

determines that it is technologically feasible.

3. The division shall:

(a) within nine months of receiving the recommendations from the

working group pursuant to subdivision two of this section, unless the

working group reports that it is not technologically feasible to require

three-dimensional printers sold in New York to include blocking

technology, in consultation with the department of state, promulgate and

publish rules or regulations establishing performance standards for

blocking technology and any other rules and regulations as may be

necessary to carry out the provisions of this section, section three

hundred ninety-six-eeee of the general business law, and article

thirty-nine-DDDD of the general business law; and

(b) be authorized to create and maintain a library of firearms

blueprint files and illegal firearm parts blueprint files, and maintain

and update the library, including by adding new files that enable the

three-dimensional printing of firearms or illegal firearm parts and

including scans of seized firearms. In furtherance of this

authorization, the division may designate another government agency or

an academic or research institution in this state to assist with the

creation and maintenance of the file library. The library shall be made

available to three-dimensional printer manufacturers, vendors with

demonstrated expertise in software development, or experts in

computational design or public safety, for the development or

improvement of blocking technology and firearm blueprint detection

algorithms. The division shall establish safeguards to prevent

unauthorized access to and misuse of the library and shall prohibit all

persons who are granted access to the library from misusing, selling,

disseminating, or otherwise publishing its contents.