New York A 1304: Provides for the sale, use and storage of nitric acid

Bill Text

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A01304 Summary:

BILL NOA01304 

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SAME ASNo Same As

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SPONSORRamos

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COSPNSR

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MLTSPNSR

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Add §720, Exec L; add §270.45, Pen L

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Requires each retail sale of nitric acid to be recorded by the seller thereof; provides that such record shall include the photographic identification number, telephone number and address of the purchaser; provides for the secure storage of nitric acid by retailers, schools and institutions of higher education; makes the violation of such provisions a class A misdemeanor; establishes the class D felony of disseminating material on the manufacture of an explosive for using a computer network to disseminate information on how to make an explosive out of nitric acid.

Go to top A01304 Actions:

BILL NOA01304 

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01/09/2025referred to economic development

01/07/2026referred to economic development

Go to topA01304 Committee&nbspVotes:

Go to topA01304 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01304 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1304

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. RAMOS -- read once and referred to the Committee
 on Economic Development

 AN ACT to amend the executive law, in relation to providing for the
 regulation of the sale, use and storage of nitric acid; and to amend
 the penal law, in relation to disseminating material on the manufac-
 ture of an explosive

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

 1 Section 1. Legislative intent. The legislature hereby finds that while
 2 there are important uses for substances like nitric acid, it is impor-
 3 tant that we safeguard these substances in order to prevent them from
 4 being used to harm both people and property. Nitric acid can be used to
 5 cause harmful explosions and its use carries the ability, if fallen in
 6 the wrong hands, of resulting in massive destruction.
 7 Currently, the sale of nitric acid is not regulated on an appropriate
 8 level. Retailers are not required to check the identification of the
 9 buyers when selling them nitric acid. They are also not required to
 10 maintain records of the sale. This act would require that retailers
 11 check the identification of buyers purchasing nitric acid and record
 12 their name and address.
 13 In addition, there are no standard rules or requirements maintaining
 14 the security of nitric acid in academia. While this act does not hinder
 15 the important academic work that surrounds the use of nitric acid in
 16 colleges, universities and even high schools, it would provide a set
 17 standard ensuring we do our part in not allowing our academic insti-
 18 tutions to become tools for potential terrorists.
 19 Finally, while the advent of the internet has provided us countless
 20 benefits, it has also increased the threat we face from people looking
 21 to harm Americans, using information widely available on the web. This
 22 act bans websites that provide guides on taking nitric acid and turning
 23 it into explosives.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02433-01-5

 A. 1304 2

 1 § 2. The executive law is amended by adding a new section 720 to read
 2 as follows:
 3 § 720. Nitric acid security. 1. (a) For the purposes of this section,
 4 "nitric acid" shall include nitric acid or any preparation containing
 5 free or chemically unneutralized nitric acid (HN03) in a concentration
 6 of five per centum or more.
 7 (b) The provisions of this section shall apply to the retail sale,
 8 storage and use of nitric acid, notwithstanding any provision of section
 9 one hundred forty-six-f or article fourteen-A of the agriculture and
 10 markets law to the contrary.
 11 2. (a) Every person who sells any quantity of nitric acid at retail
 12 shall record the date of sale and quantity of nitric acid sold to a
 13 purchaser, along with the valid state or federal driver license number,
 14 or other picture identification card number approved for purchaser iden-
 15 tification by the director of the state office of homeland security, as
 16 well as the name, current physica