S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5665

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend  the  penal  law,  in relation to the safe storage of
  rifles, shotguns, and firearms

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 265.45 of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
S 265.45 Safe storage of rifles, shotguns, and firearms.
  No person who owns or is custodian of a rifle, shotgun or firearm [who
resides with an individual who such person knows or has reason  to  know
is  prohibited  from possessing a firearm pursuant to 18 U.S.C. S 922(g)
(1), (4), (8) or (9)] shall store or otherwise leave such rifle, shotgun
or firearm out of his or her immediate  possession  or  control  without
having first securely locked such rifle, shotgun or firearm in an appro-
priate  safe  storage depository or rendered it incapable of being fired
by use of a gun locking device appropriate to that weapon. For  purposes
of  this  section  "safe  storage depository" shall mean a safe or other
secure container which, when locked, is incapable of being opened  with-
out  the key, combination or other unlocking mechanism and is capable of
preventing  an  unauthorized  person  from  obtaining  access   to   and
possession  of  the  weapon contained therein. [With respect to a person
who is prohibited from  possessing  a  firearm  pursuant  to  18  USC  S
922(g)(9),  for  purposes  of this section, this section applies only if
such person has been convicted of a crime included in subdivision one of
section 370.15 of the criminal procedure law and such gun  is  possessed
within five years from the later of the date of conviction or completion
of sentence.]
  A violation of this section shall constitute a class A misdemeanor.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 47 of chapter 1 of the laws of 2013, as amended, takes
effect.

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

                                                           LBD08693-01-3