NY State Senate Bill 2013-S3148B

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2014	print number 3148b
Feb 11, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes
Nov 18, 2013	print number 3148a
Nov 18, 2013	amend and recommit to codes
Jan 30, 2013	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

2013-S3148 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, add §§265.50, 265.55, 265.60, 265.65, 265.70 & 265.75, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3098
2011-2012: S895
2015-2016: S2491
2017-2018: S3355

2013-S3148 - Summary

Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.

2013-S3148 - Sponsor Memo

                                BILL NUMBER:S3148

TITLE  OF  BILL:   An act to amend the penal law, the general business
law and the education law, in relation to criminally negligent storage
of a weapon and weapons safety programs for children

PURPOSE:  Establishes the "Children's Weapon Accident Prevention Act."
Creates  crimes  related  to  the  unsafe  storage  of  a  weapon  and
criminally  negligent  storage  of  a  weapon to protect children, and
others, from injury and death due to  unauthorized  access,  discharge
and use of weapons.

SUMMARY OF PROVISIONS:

Section 1 contains the short title of the bill.

Section 2 contains legislative findings.

Section 3 creates 5 new definitions within penal law 265.00.

Section  4  creates  5 new crimes within article 265 of the penal law,
and one provision  related  to  the  applicability  of  those  crimes.
Specifically:

§ 265.45 defines failure to store a weapon safely in the second degree
as a violation;

§  265.50 defines failure to store a weapon safely in the first degree
as a class B misdemeanor;

§ 265.55 defines aggravated failure to store a weapon  safely  in  the
second  degree, resulting in the removal or discharge of the weapon by
a child, as a class A misdemeanor;

§ 265.60 defines criminally negligent  storage  of  a  weapon  in  the
second degree, resulting in a child causing serious physical injury to
himself/herself or any other person, as a class E felony;

§ 265.65 defines criminally negligent storage of a weapon in the first
degree,  resulting  in a child causing the death of himself/herself or
any other person, as a class El felony. With  respect  to  the  crimes
defined in sections 265.60 and 265.65 of the penal law, it shall be an
affirmative   defense  that  the  defendant  reasonably  attempted  to
retrieve or regain possession of the firearm, rifle or  shotgun  prior
to discharge. Exceptions are provided when persons under eighteen gain
access to a weapon by unlawful means; when a weapon is securely stored
in a locked box and where ammunition is separately and securely stored
in  a  locked  container; when a firearm, rifle or shotgun is securely
locked  with  a  gun  locking  device;  when  persons  under  eighteen
possessed  a  loaded  rifle  or  shotgun  pursuant  to a valid hunting
license; when the firearm is in the possession  of  a  police  officer
engaged   in   official   business;  or  for  the  lawful  purpose  of
self-defense.


§ 265.70 gives the district attorney  discretion  whether  or  not  to
prosecute a parent or guardian when death or injury of a child results
from a violation of penal law 265.60 or 265.65.

Section  5  amends  subdivision  2  of  section  396-ee of the general
business law to require gun dealers to post a conspicuous notice  that
it is a crime in New York to leave guns accessible to children.

Section  6  adds subdivision 43 to section 305 of the education law to
require the commissioner to develop a weapon safety  program  designed
to teach children how to prevent gun-related injuries.

JUSTIFICATION:    In  40  states,  firearms,  rifles and semiautomatic
weapons are sold to Parents without requirements to store the  weapons
safely.  "In  1988, some 1,501 people were killed in the united States
by accidental discharge of firearms and many more were injured.  Among
those  killed were 277 children under the age of 15. In fact, firearms
are the fourth leading cause of accidental deaths among children 5  to
14 years of age and the third leading cause of accidental deaths among
15  to  24  year  olds."  (United  States  General  Accounting Office;
"Accidental Shootings", 1991.)

Between 1990 and 1994 in New York state alone, there were a  total  of
6,627  hospitalizations  of  children  age 19 and under due to firearm
injury, an average of  1,325  per  year.  One  thousand  four  hundred
nineteen  of these were accidental, an average of 284 per year. At the
same time, there were 1,734 deaths of children age 19  and  under,  an
average  of  347  per  year.  Tragically,  48  of  these  deaths  were
accidental, averaging 10 per year. And in  1997,  the  last  year  for
which  reliable  figures  are available for New York state, 5 children
under 18  were  killed  in  firearm  accidents  and  72  were  injured
seriously enough to be hospitalized.

It  is  estimated that about one of every three deaths from accidental
firearm discharge could have been prevented if  proper  weapon  safety
procedures  had  been  followed.  (United  States  General  Accounting
Office). In 2000, legislation was enacted in New York to  require  the
purchase of a safety locking device with the purchase or transfer of a
gun.  However,  there  was  no requirement to use the device or safely
store a gun. It is the intent of this legislation  to  encourage  safe
firearm  storage  and  to  prevent  negligent conduct before accidents
occur.

The states of California, Connecticut, Florida, Hawaii,  Iowa,  Maine,
Maryland,  New  Jersey,  Massachusetts,  Virginia  and  wisconsin have
already passed similar legislation. Accidental gun deaths of  children
were  reduced  23%  in  states  with  Child Access Prevention/Safe Gun
storage(CAP) laws, according to a study published in  the  Journal  of
the American Medical Association on October 1, 1997.

LEGISLATIVE  HISTORY:    2000:  A.1407-B  - Passed Assembly 2001-2002:
A.5363-B - Passed  Assembly  2003-2004:  A.4615-C  -  Passed  Assembly
2005-2006:  A.673 - Passed Assembly 2007-2008: A.76A - Passed Assembly
2009-2010: S.3098-A - Schneiderman) A.5844-B  (Weisenberg)  2011-2012:
S.895

FISCAL IMPLICATIONS: None.


EFFECTIVE  DATE:   This act shall take effect on the first of November
next succeeding the date on which it shall have become a law provided,
however, that sections three and four of this act  shall  take  effect
May  1,  2015,  provided, further, that section five of this act shall
take effect March 1, 2015 except that any rule or regulation necessary
for  the  timely  implementation  of section five of this act shall be
promulgated on or before such date.

2013-S3148 - Bill Text download pdf

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

                                  3148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by Sens. KRUEGER, AVELLA, GIANARIS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the general business law and  the  educa-
  tion  law, in relation to criminally negligent storage of a weapon and
  weapons safety programs for children

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

  Section  1.  Short title; construction. 1. This act shall be known and
may be cited as the "children's weapon accident prevention act."
  2. The provisions of this act shall not be  construed  to  preempt  or
supersede any local law the provisions of which are no less stringent or
restrictive than the provisions of this act.
  S  2.  Legislative  findings  and intent. The legislature finds that a
tragically large number of children have  been  accidentally  killed  or
seriously  injured  by  negligently stored weapons; that placing weapons
within reach or easy access of  children  is  irresponsible,  encourages
such accidents, and should be prohibited, and that legislative action is
necessary to protect the safety of our children.
  S  3.  Section  265.00  of the penal law is amended by adding five new
subdivisions 25, 26, 27, 28 and 29 to read as follows:
  25. "WEAPON" MEANS A "RIFLE", "SHOTGUN",  OR  "FIREARM"  AS  OTHERWISE
DEFINED IN SUBDIVISION THREE OF THIS SECTION.
  26.  "LOCKED  BOX" MEANS A SAFE, CASE OR CONTAINER WHICH, WHEN LOCKED,
IS INCAPABLE OF BEING OPENED WITHOUT  THE  KEY,  COMBINATION,  OR  OTHER
UNLOCKING  MECHANISM  AND  IS  RESISTANT TO TAMPERING BY AN UNAUTHORIZED
PERSON ATTEMPTING TO OBTAIN ACCESS TO AND POSSESSION OF  THE  WEAPON  OR
AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP
AND  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES
OR THE MINIMUM STANDARDS  AND  CRITERIA  THEREFOR  WHICH  CONSTITUTE  AN
EFFECTIVE LOCKED BOX.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01339-02-3

S. 3148                             2

  27.  "GUN  LOCKING  DEVICE"  MEANS  AN INTEGRATED DESIGN FEATURE OR AN
ATTACHABLE ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE  IN
PREVENTING  THE  DISCHARGE  OF  A  WEAPON  BY A PERSON WHO DOES NOT HAVE
ACCESS TO THE KEY, COMBINATION OR OTHER MECHANISM USED TO DISENGAGE  THE
DEVICE.
  28. "LOADED RIFLE" MEANS ANY RIFLE LOADED WITH AMMUNITION OR ANY RIFLE
WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A QUANTITY OF
AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH RIFLE.
  29.  "LOADED  SHOTGUN" MEANS ANY SHOTGUN LOADED WITH AMMUNITION OR ANY
SHOTGUN WHICH IS POSSESSED BY ONE WHO, AT THE  SAME  TIME,  POSSESSES  A
QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH SHOTGUN.
  S  4.  The  penal  law  is  amended by adding six new sections 265.50,
265.55, 265.60, 265.65, 265.70 and 265.75 to read as follows:
S 265.50 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN  THE  SECOND
DEGREE  WHEN HE OR SHE STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS OR
HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED
SUCH WEAPON IN AN APPROPRIATE LOCKED BOX OR  RENDERED  IT  INCAPABLE  OF
BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAP-
ON.
  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
S 265.55 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE  A  WEAPON
SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF THIS ARTICLE
AND  HAS  BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A
WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF  THIS
ARTICLE WITHIN THE PRECEDING FIVE YEARS.
  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS B
MISDEMEANOR.
S 265.60 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY.
  A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY WHEN
HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE
SECOND DEGREE AS DEFINED IN SECTION 265.50  OF  THIS  ARTICLE  AND  SUCH
WEAPON  IS  REMOVED  FROM  THE  PREMISES OR DISCHARGED BY ANOTHER PERSON
UNDER THE AGE OF EIGHTEEN.
  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IS A CLASS A MISDEMEANOR.
S 265.65 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A  WEAPON  IN
THE  SECOND  DEGREE  WHEN  WITH CRIMINAL NEGLIGENCE, HE OR SHE STORES OR
LEAVES A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY  LOCATION
WHERE  SUCH  WEAPON  IS ACCESSIBLE TO A PERSON UNDER THE AGE OF EIGHTEEN
AND SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF  EIGHTEEN,
WHICH  CAUSES  SERIOUS  PHYSICAL  INJURY TO SUCH PERSON UNDER THE AGE OF
EIGHTEEN OR ANY OTHER PERSON.
  2. IN ANY PROSECUTION UNDER THIS SECTION IT SHALL  BE  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT ACTIVELY PURSUED ALL REASONABLE EFFORTS TO
RETRIEVE OR OTHERWISE REGAIN POSSESSION OF  SUCH  WEAPON  PRIOR  TO  ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;
  (B) SUCH WEAPON IS STORED IN A  SECURELY  LOCKED  BOX  WHICH  PREVENTS
ACCESS  TO  THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED TO DISCHARGE
SUCH WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH  PREVENTS
ACCESS TO SUCH AMMUNITION;

S. 3148                             3

  (C)  SUCH  WEAPON  IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS
THE WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E)  SUCH  WEAPON  IS IN THE POSSESSION OR CONTROL OF A POLICE OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 265.70 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE FIRST DEGREE.
  1.  A  PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN
THE FIRST DEGREE WHEN WITH CRIMINAL NEGLIGENCE,  HE  OR  SHE  STORES  OR
LEAVES  A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY LOCATION
WHERE SUCH WEAPON IS ACCESSIBLE TO A PERSON UNDER THE  AGE  OF  EIGHTEEN
AND  SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF EIGHTEEN,
WHICH CAUSES THE DEATH OF SUCH PERSON UNDER THE AGE OF EIGHTEEN  OR  ANY
OTHER PERSON.
  2.  IN  ANY  PROSECUTION UNDER THIS SECTION IT SHALL BE AN AFFIRMATIVE
DEFENSE THAT THE DEFENDANT ACTIVELY PURSUED ALL  REASONABLE  EFFORTS  TO
RETRIEVE  OR  OTHERWISE  REGAIN  POSSESSION  OF SUCH WEAPON PRIOR TO ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A) SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH  WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;
  (B)  SUCH  WEAPON  IS  STORED  IN A SECURELY LOCKED BOX WHICH PREVENTS
ACCESS TO THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED  TO  DISCHARGE
SUCH  WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH PREVENTS
ACCESS TO THE WEAPON;
  (C) THE WEAPON IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS THE
WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E) SUCH WEAPON IS IN THE POSSESSION OR CONTROL OF  A  POLICE  OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY  NEGLIGENT  STORAGE  OF  A  WEAPON IN THE FIRST DEGREE IS A
CLASS D FELONY.
S 265.75 CRIMINALLY NEGLIGENT STORAGE OF  A  WEAPON  IN  THE  FIRST  AND
             SECOND DEGREE; APPLICATION.
  IF  A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.65 OR 265.70 OF
THIS ARTICLE IS THE PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR  WHO
DIES  AS  THE  RESULT  OF  SUCH  VIOLATION,  THE DISTRICT ATTORNEY SHALL
CONSIDER, AMONG OTHER FACTORS, THE IMPACT OF THE INJURY OR DEATH ON  THE
PERSON  WHO  IS  SUSPECTED OF VIOLATING SECTION 265.65 OR 265.70 OF THIS
ARTICLE WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH PERSON  FOR  SUCH
CRIME.
  S  5.  The  section heading and subdivision 2 of section 396-ee of the
general business law, as added by chapter 189 of the laws of  2000,  are
amended to read as follows:
  Sale of certain weapons; locking devices AND LOCKED BOXES therefor.
  (2)  Every  person, firm or corporation engaged in the retail business
of selling rifles, shotguns or firearms, as such terms  are  defined  in
section  265.00 of the penal law, shall, in the place where such rifles,
shotguns or firearms are displayed or transferred to the purchaser, post

S. 3148                             4

a notice conspicuously stating in bold print that:   "The use of  a  GUN
locking  device  or  [safety  lock]  A  LOCKED BOX is only one aspect of
responsible firearm storage.  For increased safety  firearms  should  be
stored  unloaded  and  locked  in  a location that is both separate from
their ammunition and inaccessible to children and any other unauthorized
person. LEAVING RIFLES, SHOTGUNS, AND FIREARMS ACCESSIBLE  TO  A  PERSON
UNDER EIGHTEEN IS A CRIME IN NEW YORK STATE."
  S  6.  Section  305  of  the  education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER SHALL IN COOPERATION WITH THE DIVISION OF  CRIMI-
NAL  JUSTICE  SERVICES  DEVELOP  A  WEAPONS  SAFETY  PROGRAM DESIGNED TO
PROTECT CHILDREN FROM THE RISK OF GUN-RELATED  DEATH  AND  INJURY.  SUCH
PROGRAM SHALL BE DESIGNED TO TEACH CHILDREN TO FOLLOW AN EFFECTIVE SAFE-
TY  PROCEDURE  WHEN  THEY  ARE EXPOSED TO A GUN, SHALL SPECIFICALLY WARN
CHILDREN THAT CONTACT WITH GUNS CAN RESULT IN SERIOUS  INJURY  OR  DEATH
AND  SHALL  HAVE  BEEN  PROVEN TO BE EFFECTIVE TO PREVENT INJURY THROUGH
FORMAL EVALUATION BY  OBJECTIVE  PUBLIC  HEALTH  AND  EDUCATION  PROFES-
SIONALS. SUCH PROGRAM MAY BE USED IN PUBLIC AND NONPUBLIC SCHOOLS AT THE
DISCRETION  OF THE LOCAL SCHOOL BOARD OF EDUCATION OR BOARD OF TRUSTEES,
WHICHEVER IS APPLICABLE. THE COMMISSIONER  SHALL  SUBMIT  AN  EVALUATION
REPORT ON THIS PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  CHAIR OF THE ASSEMBLY CODES
COMMITTEE AND THE CHAIR OF THE SENATE  CODES  COMMITTEE  NO  LATER  THAN
JANUARY FIRST, TWO THOUSAND SIXTEEN.
  S  7.  If  any  word, phrase, clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to  be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the words, phrase, clause, sentence, paragraph, section, or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  sections three and four of this act shall take effect May 1, 2015;
provided, further, that section five of this act shall take effect March
1, 2015 except that any rule or  regulation  necessary  for  the  timely
implementation  of  section  five  of  this act may be promulgated on or
before such date.

co-Sponsors

2013-S3148A - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, add §§265.50, 265.55, 265.60, 265.65, 265.70 & 265.75, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3098
2011-2012: S895
2015-2016: S2491
2017-2018: S3355

2013-S3148A - Summary

2013-S3148A - Sponsor Memo

                                BILL NUMBER:S3148A

TITLE OF BILL:  An act to amend the penal law, the general business law
and the education law, in relation to criminally negligent storage of a
weapon and weapons safety programs for children

PURPOSE: Establishes the "Children's Weapon Accident Prevention Act."
Creates crimes related to the unsafe storage of a weapon and criminally
negligent storage of a weapon to protect children, and others, from
injury and death due to unauthorized access, discharge and use of weap-
ons.

SUMMARY OF PROVISIONS:

Section 1 contains the short title of the bill.

Section 2 contains legislative findings.

Section 3 creates 5 new definitions within penal law 265.00.

Section 4 creates 5 new crimes within article 265 of the penal law, and
one provision related to the applicability of those crimes.  Specif-
ically:

§ 265.50 defines failure to store a weapon safely in the second degree
as a violation;

§ 265.55 defines failure to store a weapon safely in the first degree as
a class B misdemeanor;

§ 265.60 defines aggravated failure to store a weapon safely in the
second degree, resulting in the removal or discharge of the weapon by a
child, as a class A misdemeanor;

§ 265.65 defines criminally negligent storage of a weapon in the second
degree, resulting in a child causing serious physical injury to
himself/herself or any other person, as a class E felony;

§265.70 defines criminally negligent. storage of a weapon in the first
degree, resulting in a child causing the death of himself/herself or any
other person, as a class El felony. With respect to the crimes defined
in sections 265.65 and 265.70 of the penal law, it shall be an affirma-
tive defense that the defendant reasonably attempted to retrieve or
regain possession of the firearm, rifle or shotgun prior to discharge.
Exceptions are provided when persons under eighteen gain access to a
weapon by unlawful means; when a weapon is securely stored in a locked
box and where ammunition is separately and securely stored in a locked
container; when a firearm, rifle or shotgun is securely locked with a
gun locking device; when persons under eighteen possessed a loaded rifle
or shotgun pursuant to a valid hunting license; when the firearm is in
the possession of a police officer engaged in official business; or for
the lawful purpose of self-defense.

§ 265.75 gives the district attorney discretion whether or not to prose-
cute a parent or guardian when death or injury of a child results from a
violation of penal law 265.65 or 265.70.

Section 5 amends subdivision 2 of section 396-ee of the general business
law to require gun dealers to post a conspicuous notice that it is a
crime in New York to leave guns accessible to children.

Section 6 adds subdivision 43 to section 305 of the education law to
require the commissioner to develop a weapon safety program designed to
teach children how to prevent gun-related injuries.

Section 7 is a severability clause.

Section 8 is the effective date.

JUSTIFICATION: In 40 states, firearms, rifles and semiautomatic weapons
are sold to parents without requirements to store the weapons safely.
"In 1988, some 1,501 people were killed in the United States by acci-
dental discharge of firearms and many more were injured. Among those
killed were 277 children under the age of 15. In fact, firearms are the
fourth leading cause of accidental deaths among children 5 to 14 years
of age and the third leading cause of accidental deaths among 15 to 24
year olds." (United States General Accounting Office; "Accidental Shoot-
ings", 1991.)

Between 1990 and 1994 in New York state alone, there were a total of
6,627 hospitalizations of children age 19 and under due to firearm inju-
ry, an average of 1,325 per year. One thousand four hundred nineteen of
these were accidental, an average of 284 per year. At the same time,
there were 1,734 deaths of children age 19 and under, an average of 347
per year. Tragically, 48 of these deaths were accidental, averaging 10
per year. And in 1997, the last year for which reliable figures are
available for New York state, 5 children under 18 were killed in firearm
accidents and 72 were injured seriously enough to be hospitalized.

It is estimated that about one of every three deaths from accidental
firearm discharge could have been prevented if proper weapon safety
procedures had been followed. (United States General Accounting Office).
In 2000, legislation was enacted in New York to require the purchase of
a safety locking device with the purchase or transfer of a gun. However,
there was no requirement to use the device or safely store a gun. It is
the intent of this legislation to encourage safe firearm storage and to
prevent negligent conduct before accidents occur.

The states of California, Connecticut, Florida, Hawaii, Iowa, Maine,
Maryland, New Jersey, Massachusetts, Virginia and Wisconsin have already
passed similar legislation. Accidental gun deaths of children were
reduced 23% in states with Child Access Prevention/Safe Gun storage(CAP)
laws, according to a study published in the Journal of the American
Medical Association on October 1, 1997.

LEGISLATIVE HISTORY: 2000: A.1407-B - Passed Assembly 2001-2002:
A.5363-B - Passed Assembly 2003-2004: A.4615-C - Passed Assembly
2005-2006: A.673 - Passed Assembly 2007-2008: A.76A - Passed Assembly
2009-2010: S.3098-A - Schneiderman) A.5844-B (Weisenberg) 2011-2012:
S.895

FISCAL, IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law provided, howev-
er, that sections three and four of this act shall take effect May 1,
2015, provided, further, that section five of this act shall take effect
March 1, 2015 except that any rule or regulation necessary for the time-
ly implementation of section five of this act shall be promulgated on or
before such date.

2013-S3148A - Bill Text download pdf

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

                                 3148--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by Sens. KRUEGER, AVELLA, GIANARIS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the penal law, the general business law and the educa-
  tion law, in relation to criminally negligent storage of a weapon  and
  weapons safety programs for children

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

  Section 1. Short title; construction. 1. This act shall be  known  and
may be cited as the "children's weapon accident prevention act".
  2.  The  provisions  of  this act shall not be construed to preempt or
supersede any local law the provisions of which are no less stringent or
restrictive than the provisions of this act.
  S 2. Legislative findings and intent. The  legislature  finds  that  a
tragically  large  number  of  children have been accidentally killed or
seriously injured by negligently stored weapons;  that  placing  weapons
within  reach  or  easy  access of children is irresponsible, encourages
such accidents and should be prohibited; and that legislative action  is
necessary to protect the safety of our children.
  S  3.  Section  265.00  of the penal law is amended by adding five new
subdivisions 26, 27, 28, 29 and 30 to read as follows:
  26. "WEAPON" MEANS A "RIFLE", "SHOTGUN" OR "FIREARM".
  27. "LOCKED BOX" MEANS A SAFE, CASE OR CONTAINER WHICH,  WHEN  LOCKED,
IS  INCAPABLE  OF  BEING  OPENED  WITHOUT  THE KEY, COMBINATION OR OTHER
UNLOCKING MECHANISM, AND IS RESISTANT TO TAMPERING  BY  AN  UNAUTHORIZED
PERSON  ATTEMPTING  TO  OBTAIN ACCESS TO AND POSSESSION OF THE WEAPON OR
AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP
AND PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC  DEVICES
OR  THE  MINIMUM  STANDARDS  AND  CRITERIA  THEREFOR WHICH CONSTITUTE AN
EFFECTIVE LOCKED BOX.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01339-03-3

S. 3148--A                          2

  28. "GUN LOCKING DEVICE" MEANS AN  INTEGRATED  DESIGN  FEATURE  OR  AN
ATTACHABLE  ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE IN
PREVENTING THE DISCHARGE OF A WEAPON BY  A  PERSON  WHO  DOES  NOT  HAVE
ACCESS  TO THE KEY, COMBINATION OR OTHER MECHANISM USED TO DISENGAGE THE
DEVICE.
  29. "LOADED RIFLE" MEANS ANY RIFLE LOADED WITH AMMUNITION OR ANY RIFLE
WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A QUANTITY OF
AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH RIFLE.
  30.  "LOADED  SHOTGUN" MEANS ANY SHOTGUN LOADED WITH AMMUNITION OR ANY
SHOTGUN WHICH IS POSSESSED BY ONE WHO, AT THE  SAME  TIME,  POSSESSES  A
QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH SHOTGUN.
  S  4.  The  penal  law  is  amended by adding six new sections 265.50,
265.55, 265.60, 265.65, 265.70 and 265.75 to read as follows:
S 265.50 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN  THE  SECOND
DEGREE  WHEN HE OR SHE STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS OR
HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED
SUCH WEAPON IN AN APPROPRIATE LOCKED BOX OR  RENDERED  IT  INCAPABLE  OF
BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAP-
ON.
  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
S 265.55 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE  A  WEAPON
SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF THIS ARTICLE
AND  HAS  BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A
WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF  THIS
ARTICLE WITHIN THE PRECEDING FIVE YEARS.
  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS B
MISDEMEANOR.
S 265.60 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY.
  A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY WHEN
HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE
SECOND DEGREE AS DEFINED IN SECTION 265.50  OF  THIS  ARTICLE  AND  SUCH
WEAPON  IS  REMOVED  FROM  THE  PREMISES OR DISCHARGED BY ANOTHER PERSON
UNDER THE AGE OF EIGHTEEN.
  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IS A CLASS A MISDEMEANOR.
S 265.65 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A  WEAPON  IN
THE  SECOND  DEGREE  WHEN  WITH CRIMINAL NEGLIGENCE, HE OR SHE STORES OR
LEAVES A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY  LOCATION
WHERE  SUCH  WEAPON  IS ACCESSIBLE TO A PERSON UNDER THE AGE OF EIGHTEEN
AND SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF  EIGHTEEN,
WHICH  CAUSES  SERIOUS  PHYSICAL  INJURY TO SUCH PERSON UNDER THE AGE OF
EIGHTEEN OR ANY OTHER PERSON.
  2. IN ANY PROSECUTION UNDER THIS SECTION IT SHALL  BE  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT ACTIVELY PURSUED ALL REASONABLE EFFORTS TO
RETRIEVE OR OTHERWISE REGAIN POSSESSION OF  SUCH  WEAPON  PRIOR  TO  ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;
  (B) SUCH WEAPON IS STORED IN A  SECURELY  LOCKED  BOX  WHICH  PREVENTS
ACCESS  TO  THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED TO DISCHARGE
SUCH WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH  PREVENTS
ACCESS TO SUCH AMMUNITION;

S. 3148--A                          3

  (C)  SUCH  WEAPON  IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS
THE WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E)  SUCH  WEAPON  IS IN THE POSSESSION OR CONTROL OF A POLICE OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 265.70 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE FIRST DEGREE.
  1.  A  PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN
THE FIRST DEGREE WHEN WITH CRIMINAL NEGLIGENCE,  HE  OR  SHE  STORES  OR
LEAVES  A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY LOCATION
WHERE SUCH WEAPON IS ACCESSIBLE TO A PERSON UNDER THE  AGE  OF  EIGHTEEN
AND  SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF EIGHTEEN,
WHICH CAUSES THE DEATH OF SUCH PERSON UNDER THE AGE OF EIGHTEEN  OR  ANY
OTHER PERSON.
  2.  IN  ANY  PROSECUTION UNDER THIS SECTION IT SHALL BE AN AFFIRMATIVE
DEFENSE THAT THE DEFENDANT ACTIVELY PURSUED ALL  REASONABLE  EFFORTS  TO
RETRIEVE  OR  OTHERWISE  REGAIN  POSSESSION  OF SUCH WEAPON PRIOR TO ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A) SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH  WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;
  (B)  SUCH  WEAPON  IS  STORED  IN A SECURELY LOCKED BOX WHICH PREVENTS
ACCESS TO THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED  TO  DISCHARGE
SUCH  WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH PREVENTS
ACCESS TO THE WEAPON;
  (C) THE WEAPON IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS THE
WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E) SUCH WEAPON IS IN THE POSSESSION OR CONTROL OF  A  POLICE  OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY  NEGLIGENT  STORAGE  OF  A  WEAPON IN THE FIRST DEGREE IS A
CLASS D FELONY.
S 265.75 CRIMINALLY NEGLIGENT STORAGE OF  A  WEAPON  IN  THE  FIRST  AND
             SECOND DEGREE; APPLICATION.
  IF  A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.65 OR 265.70 OF
THIS ARTICLE IS THE PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR  WHO
DIES  AS  THE  RESULT  OF  SUCH  VIOLATION,  THE DISTRICT ATTORNEY SHALL
CONSIDER, AMONG OTHER FACTORS, THE IMPACT OF THE INJURY OR DEATH ON  THE
PERSON  WHO  IS  SUSPECTED OF VIOLATING SECTION 265.65 OR 265.70 OF THIS
ARTICLE WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH PERSON  FOR  SUCH
OFFENSE.
  S  5.  The  section heading and subdivision 2 of section 396-ee of the
general business law, as added by chapter 189 of the laws of  2000,  are
amended to read as follows:
  Sale of certain weapons; locking devices AND LOCKED BOXES therefor.
  (2)  Every  person, firm or corporation engaged in the retail business
of selling rifles, shotguns or firearms, as such terms  are  defined  in
section  265.00 of the penal law, shall, in the place where such rifles,
shotguns or firearms are displayed or transferred to the purchaser, post

S. 3148--A                          4

a notice conspicuously stating in bold print that:   "The use of  a  GUN
locking  device  or  [safety  lock]  A  LOCKED BOX is only one aspect of
responsible firearm storage.  For increased safety  firearms  should  be
stored  unloaded  and  locked  in  a location that is both separate from
their ammunition and inaccessible to children and any other unauthorized
person. LEAVING RIFLES, SHOTGUNS AND FIREARMS  ACCESSIBLE  TO  A  PERSON
UNDER EIGHTEEN IS A CRIME IN NEW YORK STATE."
  S  6.  Section  305  of  the  education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER SHALL IN COOPERATION WITH THE DIVISION OF  CRIMI-
NAL  JUSTICE  SERVICES  DEVELOP  A  WEAPONS  SAFETY  PROGRAM DESIGNED TO
PROTECT CHILDREN FROM THE RISK OF GUN-RELATED  DEATH  AND  INJURY.  SUCH
PROGRAM SHALL BE DESIGNED TO TEACH CHILDREN TO FOLLOW AN EFFECTIVE SAFE-
TY  PROCEDURE  WHEN  THEY  ARE EXPOSED TO A GUN, SHALL SPECIFICALLY WARN
CHILDREN THAT CONTACT WITH GUNS CAN RESULT IN SERIOUS  INJURY  OR  DEATH
AND  SHALL  HAVE  BEEN  PROVEN TO BE EFFECTIVE TO PREVENT INJURY THROUGH
FORMAL EVALUATION BY  OBJECTIVE  PUBLIC  HEALTH  AND  EDUCATION  PROFES-
SIONALS. SUCH PROGRAM MAY BE USED IN PUBLIC AND NONPUBLIC SCHOOLS AT THE
DISCRETION  OF THE LOCAL SCHOOL BOARD OF EDUCATION OR BOARD OF TRUSTEES,
WHICHEVER IS APPLICABLE. THE COMMISSIONER  SHALL  SUBMIT  AN  EVALUATION
REPORT ON THIS PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  CHAIR OF THE ASSEMBLY CODES
COMMITTEE AND THE CHAIR OF THE SENATE  CODES  COMMITTEE  NO  LATER  THAN
JANUARY FIRST, TWO THOUSAND SIXTEEN.
  S  7. Severability.  If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,  impair,  or
invalidate the remainder thereof, but shall be confined in its operation
to  the  words,  phrase,  clause,  sentence, paragraph, section, or part
thereof directly involved in the  controversy  in  which  such  judgment
shall have been rendered.
  S 8. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that sections three and four of this act shall take effect May 1,  2015;
provided, further, that section five of this act shall take effect March
1,  2015  except  that  any  rule or regulation necessary for the timely
implementation of section five of this act  may  be  promulgated  on  or
before such date.

co-Sponsors

2013-S3148B (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.00, add §§265.50, 265.55, 265.60, 265.65, 265.70 & 265.75, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3098
2011-2012: S895
2015-2016: S2491
2017-2018: S3355

2013-S3148B (ACTIVE) - Summary

2013-S3148B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3148B

TITLE OF BILL:  An act to amend the penal law, the general business
law and the education law, in relation to criminally negligent storage
of a weapon and weapons safety programs for children

PURPOSE: Establishes the "Children's Weapon Accident Prevention Act."
Creates crimes related to the unsafe storage of a weapon and
criminally negligent storage of a weapon to protect children, and
others, from injury and death due to unauthorized access, discharge
and use of weapons.

SUMMARY OF PROVISIONS:

Section 1 contains the short title of the bill.

Section 2 contains legislative findings.

Section 3 creates 5 new definitions within penal law 265.00.

Section 4 creates 6 new crimes within article 265 of the penal law,
and one provision related to the applicability of those crimes.
Specifically:

§ 265.50 defines failure to store a weapon safely in the second degree
as a violation;

§ 265.55 defines failure to store a weapon safely in the first degree
as a class B misdemeanor;

§ 265.60 defines aggravated failure to store a weapon safely in the
second degree, resulting in the removal or discharge of the weapon by
a child, as a class A misdemeanor;

§ 265.65 defines criminally negligent storage of a weapon in the
second degree, resulting in a child causing serious physical injury to
himself/herself or any other person, as a class E felony;

§ 265.70 defines criminally negligent storage of a weapon in the first
degree, resulting in a child causing the death of himself/herself or
any other person, as a class B felony. With respect to the crimes
defined in sections 265.65 and 265.70 of the penal law, it shall be an
affirmative defense that the defendant reasonably attempted to
retrieve or regain possession of the firearm, rifle or shotgun prior
to discharge. Exceptions are provided when persons under eighteen gain
access to a weapon by unlawful means; when a weapon is securely stored
in a locked box and where ammunition is separately and securely stored
in a locked container; when a firearm, rifle or shotgun is securely
locked with a gun locking device; when persons under eighteen
possessed a loaded rifle or shotgun pursuant to a valid hunting
license; when the firearm is in the possession of a police officer
engaged in official business; or for the lawful purpose of
self-defense.

§ 265.75 gives the district attorney discretion whether or not to
prosecute a parent or guardian when death or injury of a child results
from a violation of penal law 265.65 or 265.70.


Section 5 amends subdivision 2 of section 396-ee of the general
business law to require gun dealers to post a conspicuous notice that
it is a crime in New York to leave guns accessible to children.

Section 6 adds subdivision 44 to section 305 of the education law to
require the commissioner to develop a weapon safety program designed
to teach children how to prevent gun-related injuries.

Section 7 is a severability clause.

Section 8 is the effective date.

JUSTIFICATION: In 40 states, firearms, rifles and semiautomatic
weapons are sold to parents without requirements to store the weapons
safely. "In 1988, some 1,501 people were killed in the United States
by accidental discharge of firearms and many more were injured. Among
those killed were 277 children under the age of 15. In fact, firearms
are the fourth leading cause of accidental deaths among children 5 to
14 years of age and the third leading cause of accidental deaths among
15 to 24 year olds." (United States General Accounting Office;
"Accidental Shootings", 1991.)

Between 1990 and 1994 in New York state alone, there were a total of
6,627 hospitalizations of children age 19 and under due to firearm
injury, an average of 1,325 per year. One thousand four hundred
nineteen of these were accidental, an average of 284 per year. At the
same time, there were 1,734 deaths of children age 19 and under, an
average of 347 per year. Tragically, 48 of these deaths were
accidental, averaging 10 per year. And in 1997, the last year for
which reliable figures are available for New York state, 5 children
under 18 were killed in firearm accidents and 72 were injured
seriously enough to be hospitalized.

It is estimated that about one of every three deaths from accidental
firearm discharge could have been prevented if proper weapon safety
procedures had been followed. (United States General Accounting
Office). In 2000, legislation was enacted in New York to require the
purchase of a safety locking device with the purchase or transfer of a
gun. However, there was no requirement to use the device or safely
store a gun. It is the intent of this legislation to encourage safe
firearm storage and to prevent negligent conduct before accidents
occur.

The states of California, Connecticut, Florida, Hawaii, Iowa, Maine,
Maryland, New Jersey, Massachusetts, Virginia and Wisconsin have
already passed similar legislation. Accidental gun deaths of children
were reduced 23% in states with Child Access Prevention/Safe Gun
storage(CAP) laws, according to a study published in the Journal of
the American Medical Association on October 1, 1997.

LEGISLATIVE HISTORY: 2000: A.1407-B - Passed Assembly 2001-2002:
A.5363-B - Passed Assembly 2003-2004: A.4615-C - Passed Assembly
2005-2006: A.673 - Passed Assembly 2007-2008: A.76A - Passed Assembly
2009-2010: S.3098-A - Schneiderman) A.5844-B (Weisenberg) 2011-2012:
S.895

FISCAL, IMPLICATIONS: None.


EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law provided,
however, that sections three and four of this act shall take effect
May 1, 2016, provided, further, that section five of this act shall
take effect March 1, 2016 except that any rule or regulation necessary
for the timely implementation of section five of this act shall be
promulgated on or before such date.

2013-S3148B (ACTIVE) - Bill Text download pdf

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

                                 3148--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by Sens. KRUEGER, AVELLA, GIANARIS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Codes
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, the general business law and  the  educa-
  tion  law, in relation to criminally negligent storage of a weapon and
  weapons safety programs for children

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

  Section  1.  Short title; construction. 1. This act shall be known and
may be cited as the "children's weapon accident prevention act".
  2. The provisions of this act shall not be  construed  to  preempt  or
supersede any local law the provisions of which are no less stringent or
restrictive than the provisions of this act.
  S  2.  Legislative  findings  and intent. The legislature finds that a
tragically large number of children have  been  accidentally  killed  or
seriously  injured  by  negligently stored weapons; that placing weapons
within reach or easy access of  children  is  irresponsible,  encourages
such  accidents and should be prohibited; and that legislative action is
necessary to protect the safety of our children.
  S 3. Section 265.00 of the penal law is amended  by  adding  five  new
subdivisions 26, 27, 28, 29 and 30 to read as follows:
  26. "WEAPON" MEANS A "RIFLE", "SHOTGUN" OR "FIREARM".
  27.  "LOCKED  BOX" MEANS A SAFE, CASE OR CONTAINER WHICH, WHEN LOCKED,
IS INCAPABLE OF BEING OPENED  WITHOUT  THE  KEY,  COMBINATION  OR  OTHER
UNLOCKING  MECHANISM,  AND  IS RESISTANT TO TAMPERING BY AN UNAUTHORIZED
PERSON ATTEMPTING TO OBTAIN ACCESS TO AND POSSESSION OF  THE  WEAPON  OR
AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01339-05-4

S. 3148--B                          2

AND  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES
OR THE MINIMUM STANDARDS  AND  CRITERIA  THEREFOR  WHICH  CONSTITUTE  AN
EFFECTIVE LOCKED BOX.
  28.  "GUN  LOCKING  DEVICE"  MEANS  AN INTEGRATED DESIGN FEATURE OR AN
ATTACHABLE ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE  IN
PREVENTING  THE  DISCHARGE  OF  A  WEAPON  BY A PERSON WHO DOES NOT HAVE
ACCESS TO THE KEY, COMBINATION OR OTHER MECHANISM USED TO DISENGAGE  THE
DEVICE.
  29. "LOADED RIFLE" MEANS ANY RIFLE LOADED WITH AMMUNITION OR ANY RIFLE
WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A QUANTITY OF
AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH RIFLE.
  30.  "LOADED  SHOTGUN" MEANS ANY SHOTGUN LOADED WITH AMMUNITION OR ANY
SHOTGUN WHICH IS POSSESSED BY ONE WHO, AT THE  SAME  TIME,  POSSESSES  A
QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH SHOTGUN.
  S  4.  The  penal  law  is  amended by adding six new sections 265.50,
265.55, 265.60, 265.65, 265.70 and 265.75 to read as follows:
S 265.50 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN  THE  SECOND
DEGREE  WHEN HE OR SHE STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS OR
HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED
SUCH WEAPON IN AN APPROPRIATE LOCKED BOX OR  RENDERED  IT  INCAPABLE  OF
BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAP-
ON.
  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
S 265.55 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE  A  WEAPON
SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF THIS ARTICLE
AND  HAS  BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A
WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF  THIS
ARTICLE WITHIN THE PRECEDING FIVE YEARS.
  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS B
MISDEMEANOR.
S 265.60 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY.
  A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY WHEN
HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE
SECOND DEGREE AS DEFINED IN SECTION 265.50  OF  THIS  ARTICLE  AND  SUCH
WEAPON  IS  REMOVED  FROM  THE  PREMISES OR DISCHARGED BY ANOTHER PERSON
UNDER THE AGE OF EIGHTEEN.
  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IS A CLASS A MISDEMEANOR.
S 265.65 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A  WEAPON  IN
THE  SECOND  DEGREE  WHEN  WITH CRIMINAL NEGLIGENCE, HE OR SHE STORES OR
LEAVES A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY  LOCATION
WHERE  SUCH  WEAPON  IS ACCESSIBLE TO A PERSON UNDER THE AGE OF EIGHTEEN
AND SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF  EIGHTEEN,
WHICH  CAUSES  SERIOUS  PHYSICAL  INJURY TO SUCH PERSON UNDER THE AGE OF
EIGHTEEN OR ANY OTHER PERSON.
  2. IN ANY PROSECUTION UNDER THIS SECTION IT SHALL  BE  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT ACTIVELY PURSUED ALL REASONABLE EFFORTS TO
RETRIEVE OR OTHERWISE REGAIN POSSESSION OF  SUCH  WEAPON  PRIOR  TO  ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;

S. 3148--B                          3

  (B) SUCH WEAPON IS STORED IN A  SECURELY  LOCKED  BOX  WHICH  PREVENTS
ACCESS  TO  THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED TO DISCHARGE
SUCH WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH  PREVENTS
ACCESS TO SUCH AMMUNITION;
  (C)  SUCH  WEAPON  IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS
THE WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E) SUCH WEAPON IS IN THE POSSESSION OR CONTROL OF  A  POLICE  OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY  NEGLIGENT  STORAGE  OF  A WEAPON IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 265.70 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE FIRST DEGREE.
  1. A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A  WEAPON  IN
THE  FIRST  DEGREE  WHEN  WITH  CRIMINAL NEGLIGENCE, HE OR SHE STORES OR
LEAVES A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY  LOCATION
WHERE  SUCH  WEAPON  IS ACCESSIBLE TO A PERSON UNDER THE AGE OF EIGHTEEN
AND SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF  EIGHTEEN,
WHICH  CAUSES  THE DEATH OF SUCH PERSON UNDER THE AGE OF EIGHTEEN OR ANY
OTHER PERSON.
  2. IN ANY PROSECUTION UNDER THIS SECTION IT SHALL  BE  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT ACTIVELY PURSUED ALL REASONABLE EFFORTS TO
RETRIEVE OR OTHERWISE REGAIN POSSESSION OF  SUCH  WEAPON  PRIOR  TO  ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;
  (B) SUCH WEAPON IS STORED IN A  SECURELY  LOCKED  BOX  WHICH  PREVENTS
ACCESS  TO  THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED TO DISCHARGE
SUCH WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH  PREVENTS
ACCESS TO THE WEAPON;
  (C) THE WEAPON IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS THE
WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E)  SUCH  WEAPON  IS IN THE POSSESSION OR CONTROL OF A POLICE OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN  THE  FIRST  DEGREE  IS  A
CLASS D FELONY.
S  265.75  CRIMINALLY  NEGLIGENT  STORAGE  OF  A WEAPON IN THE FIRST AND
             SECOND DEGREE; APPLICATION.
  IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.65 OR 265.70  OF
THIS  ARTICLE IS THE PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO
DIES AS THE RESULT  OF  SUCH  VIOLATION,  THE  DISTRICT  ATTORNEY  SHALL
CONSIDER,  AMONG OTHER FACTORS, THE IMPACT OF THE INJURY OR DEATH ON THE
PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.65 OR  265.70  OF  THIS
ARTICLE  WHEN  DECIDING WHETHER OR NOT TO PROSECUTE SUCH PERSON FOR SUCH
OFFENSE.
  S 5. The section heading and subdivision 2 of section  396-ee  of  the
general  business  law, as added by chapter 189 of the laws of 2000, are
amended to read as follows:
  Sale of certain weapons; locking devices AND LOCKED BOXES therefor.

S. 3148--B                          4

  (2) Every person, firm or corporation engaged in the  retail  business
of  selling  rifles,  shotguns or firearms, as such terms are defined in
section 265.00 of the penal law, shall, in the place where such  rifles,
shotguns or firearms are displayed or transferred to the purchaser, post
a  notice  conspicuously  stating in bold print that:  "The use of a GUN
locking device or [safety lock] A LOCKED  BOX  is  only  one  aspect  of
responsible  firearm  storage.   For increased safety firearms should be
stored unloaded and locked in a location  that  is  both  separate  from
their ammunition and inaccessible to children and any other unauthorized
person.  LEAVING  RIFLES,  SHOTGUNS  AND FIREARMS ACCESSIBLE TO A PERSON
UNDER EIGHTEEN IS A CRIME IN NEW YORK STATE."
  S 6. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 44 to read as follows:
  44.  THE COMMISSIONER SHALL IN COOPERATION WITH THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES  DEVELOP  A  WEAPONS  SAFETY  PROGRAM  DESIGNED  TO
PROTECT  CHILDREN  FROM  THE  RISK OF GUN-RELATED DEATH AND INJURY. SUCH
PROGRAM SHALL BE DESIGNED TO TEACH CHILDREN TO FOLLOW AN EFFECTIVE SAFE-
TY PROCEDURE WHEN THEY ARE EXPOSED TO A  GUN,  SHALL  SPECIFICALLY  WARN
CHILDREN  THAT  CONTACT  WITH GUNS CAN RESULT IN SERIOUS INJURY OR DEATH
AND SHALL HAVE BEEN PROVEN TO BE EFFECTIVE  TO  PREVENT  INJURY  THROUGH
FORMAL  EVALUATION  BY  OBJECTIVE  PUBLIC  HEALTH  AND EDUCATION PROFES-
SIONALS. SUCH PROGRAM MAY BE USED IN PUBLIC AND NONPUBLIC SCHOOLS AT THE
DISCRETION OF THE LOCAL SCHOOL BOARD OF EDUCATION OR BOARD OF  TRUSTEES,
WHICHEVER  IS  APPLICABLE.  THE  COMMISSIONER SHALL SUBMIT AN EVALUATION
REPORT ON THIS PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE,  THE  CHAIR  OF  THE  ASSEMBLY  CODES
COMMITTEE  AND  THE  CHAIR  OF  THE SENATE CODES COMMITTEE NO LATER THAN
JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  S 7. Severability.  If any word, phrase, clause, sentence,  paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the words, phrase, clause,  sentence,  paragraph,  section,  or  part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  sections three and four of this act shall take effect May 1, 2016;
provided, further, that section five of this act shall take effect March
1, 2016 except that any rule or  regulation  necessary  for  the  timely
implementation  of  section  five  of  this act may be promulgated on or
before such date.

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Senate Bill S3148B

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2013-S3148 - Details

2013-S3148 - Summary

2013-S3148 - Sponsor Memo

2013-S3148 - Bill Text download pdf

co-Sponsors

2013-S3148A - Details

2013-S3148A - Summary

2013-S3148A - Sponsor Memo

2013-S3148A - Bill Text download pdf

co-Sponsors

2013-S3148B (ACTIVE) - Details

2013-S3148B (ACTIVE) - Summary

2013-S3148B (ACTIVE) - Sponsor Memo

2013-S3148B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3148B

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Tony Avella

Michael Gianaris

2013-S3148 - Details

2013-S3148 - Summary

2013-S3148 - Sponsor Memo

2013-S3148 - Bill Text download pdf

co-Sponsors

Tony Avella

Michael Gianaris

2013-S3148A - Details

2013-S3148A - Summary

2013-S3148A - Sponsor Memo

2013-S3148A - Bill Text download pdf

co-Sponsors

Tony Avella

Michael Gianaris

2013-S3148B (ACTIVE) - Details

2013-S3148B (ACTIVE) - Summary

2013-S3148B (ACTIVE) - Sponsor Memo

2013-S3148B (ACTIVE) - Bill Text download pdf

Comments