NY State Senate Bill 2015-S2291A

Senate Bill S2291A

2015-2016 Legislative Session

Relates to the safe storage of rifles, shotguns, or firearms; and repeals certain provisions of the penal law relating thereto

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Apr 28, 2015	print number 2291a
Apr 28, 2015	amend (t) and recommit to codes
Jan 22, 2015	referred to codes

Bill Amendments

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2015-S2291 - Details

See Assembly Version of this Bill:: A53
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §265.45, add §§265.44 - 265.47, 265.49, 265.51 & 265.53, amd §400.00, Pen L; amd §396-ee, Gen Bus L; amd §11-0713, En Con L
Versions Introduced in 2013-2014 Legislative Session:: A8293

2015-S2291 - Summary

Enacts "Nicholas's law"; requires the safe storage of rifles, shotguns, or firearms; repeals certain provisions of the penal law relating thereto.

2015-S2291 - Sponsor Memo

                                BILL NUMBER:S2291

TITLE OF BILL:

An act to amend the penal law and the general business law, in
relation to safe weapon storage

PURPOSE:

To provide regulations for safe storage of firearms in order to
prevent injury and death, particularly of children, by unintentional
access, discharge and use of weapons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The act shall be known as "Nicholas's law."

Section 2: Recites the legislative findings.

Section 3: Ten new sections amending the penal law to include:

§ 265.50 defines "safe storage depository" and "weapon";

§ 255.51 excludes any duly licensed manufacturer of weapons from
265.52;

§ 265.52 defines failure to store a weapon safely in the second degree
as storing or leaving a weapon out of one's immediate possession or
control without having first securely locked such weapon in a safe
storage depository or rendered it incapable of being fired by using an
appropriate gun locking device; failure to store a weapon safely in
the second degree is a violation;

§ 265.53 defines failure to store a weapon safely in the first degree
as committing the offense of failure to store a weapon safely in the
second degree and the person has been previously convicted of failure
to store a weapon safely in the second degree within the preceding 10
years; failure to store a weapon safely in the first degree is a class
A misdemeanor;

§ 265.54 defines aggravated failure to store a weapon safely in the
second degree as committing the offense of failure to store a weapon
safely in the second degree and the weapon is removed by any other
person from the premises where it was stored unsafely; aggravated
failure to store a weapon safely in the second degree is a class A
misdemeanor;

§ 265.55 defines aggravated failure to store a weapon safely in the
first degree as committing the offense of failure to store a weapon
safely in the second degree and the weapon discharges and thereby
causes, directly or indirectly, physical injury, serious physical
injury, or death to any other person; aggravated failure to store a
weapon safely in the first degree is a class E felony;

§ 265.56 requires the district attorney, when deciding whether or not
to prosecute a parent or guardian of a child who is injured or who
dies as the result of a violation of § 265.55, to consider, among


other factors, the impact of the injury or death on such parent or
guardian, and further provides that a parent or guardian of a child
who is injured or who dies as the result of a violation of § 265.55
shall be prosecuted only in those instances in which the parent or
guardian behaved in a reckless manner;

§ 265.57 defines failure to provide notice in the second degree as the
failure, in the sale, delivery or transfer of any weapon to another
person, to provide the transferee at the time of sale, delivery or
transfer, with a safety locking device that is capable of preventing
the weapon from firing or a safe storage depository and a copy of the
warning set forth in the section in conspicuous and legible type;
failure to provide notice in the second degree is a violation;

§ 265.58 defines failure to provide notice in the first degree as
committing the offense of failure to provide notice in the second
degree and the person has been previously convicted of the offense of
failure to provide notice in the second degree within the preceding
ten years; failure to provide notice in the first degree is a class A
misdemeanor;

§ 265.59 provides that whenever (i) a person is convicted of failure
to store a weapon safely in the second degree under section 265.52 or
aggravated failure to store a weapon safely in the second degree under
section 265.54, and has a prior conviction of failure to store a
weapon safely in the second degree under section 265.52 or aggravated
failure to store a weapon safely in the second degree under section
265.54, or (ii) a person is convicted of failure to store a weapon
safely in the first degree under section 265.53 or aggravated failure
to store a weapon safely in the first degree under section 265.55, the
court shall revoke any existing license possessed by such person,
order such person ineligible for such a license, and order the
immediate surrender of any or all firearms owned or possessed, or
suspend or continue to suspend any such existing license possessed by
such person, order such person ineligible for such a license, and
order the immediate surrender of any or all firearms owned or
possessed by such person. This section further provides that whenever
a person is convicted as provided in this section, the court shall
require the respondent to inform the court of all firearms he or she
owns or possesses. Such person shall have the right to a hearing
regarding any revocation, suspension, ineligibility or surrender order
issued pursuant to this section. In addition, if the court issues a
revocation, suspension, ineligibility or surrender order, the court
shall immediately notify the local police authorities and the division
of state police in Albany.

Section 4: New subdivision 18 is added to § 400.00 of the penal law to
require the licensing officer to issue a notice set forth in the
subdivision in conspicuous and legible type upon the issuance or
renewal of a license.

Section 5: Subdivision 2 of § 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to provide the
text of the notice that every person, firm or corporation engaged in
the retail business of selling rifles, shotguns or firearms must post
conspicuously in bold print in the place where such rifles, shotguns
or firearms are displayed or transferred to a purchaser.


Section 6: Provides for severability if a word, phrase, clause,
sentence, paragraph, section, or part of this act shall be adjudged by
a court of competent jurisdiction to be invalid.

Section 7: Provides the effective date.

JUSTIFICATION:

In 2001, legislation was passed to require the purchase of a safety
locking device with the purchase or transfer of a firearm. In 2013,
the SAFE Act was enacted, which included a provision that requires
safe storage of a firearm; however, that provision applies only to a
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 under specific provisions of
federal law. And the SAFE Act does not provide for the safe storage of
firearms in homes when and where children are present. This
legislation would provide for criminal penalties for any person who
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 safe storage depository or rendered it incapable of
being fired by using an appropriate gun locking device.

In 2011, firearms killed 997 New Yorkers. Of these, 466 deaths were
homicides (47%), 505 were suicides (51%), 12 were unintentional (1%)
and 14 were legal (1%). Safe storage is one way to help reduce the
firearm death and injury rate in New York State.

Safe storage may reduce theft and use of firearms in crime. It is
estimated that each year in the United States, half a million firearms
are stolen.

Safe storage is particularly important in keeping firearms out of the
hands of children and young people. A 2005 study of adult firearm
storage practices found that almost 2 million children under age 18
live in homes with easily accessible loaded and/or unlocked guns. 116
Pediatrics e3701-372 (Sept. 2005). We have learned that poorly stored
guns increase the risk of accidental gun deaths. Reducing Gun Violence
in America: Informing Policy with Evidence and Analysis, Webster OW,
Vernick JS, ed. 2013, p. 13. Moreover, studies have shown that keeping
firearms locked and unloaded reduced unintentional injury in homes
with children and teens. 293 JAMA 707, 711-713(2005).  Each year in
New York State, on average 210 children ages 19 years and younger are
treated at a hospital because of an unintentional firearm injury, and
75 are injured severely enough to be hospitalized. Two children in
this age group are killed each year in an unintentional firearm
incident. A gun kept in the home is 43 times more likely to be used to
kill someone who the family knows than to kill someone in
self-defense.

(http://www.health.ny.gov/prevention/injury_prevention/children/fact_
sheets/birth-19_years/firearm_injuries_birth-19_years.htm)

This bill is named for 12-year old Nicholas Naumkin, who was shot in
the head by his 12-year-old friend at his friend's home in Wilton, New
York. His friend was playing with his father's gun when he shot
Nicholas. Nicholas died the following day, on December 23, 2010. A


middle school student in Saratoga Springs, Nicholas was a talented
young man with a passion for acting, drawing and computer animation.

In 2011, in New York, 389 children under the age of 18 were
hospitalized with a nonfatal gun injury. Of these injuries, 314 were
due to an assault and 60 were accidental (National Inpatient Sample,
2011). In 2010, according to the Centers for Disease Control
(WISQARS), 116 children under the age of 19 were killed by guns in New
York - 93 were homicides, 13 were suicides and ten were undetermined.

Child Access Prevention (CAP) laws, which include provisions similar
to those contained in this legislation, have been associated with
lower rates of unintentional gun deaths among children. Regulating
Guns in America: An Evaluation and Comparative Analysis of Federal,
State and Selected Local Gun Laws, p. 233, published by Legal
Community Against Violence, 2008. Currently, 27 states and the
District of Columbia have enacted CAP laws, including California,
Connecticut, Florida, Illinois, Massachusetts, New Jersey, Texas and
Virginia. Studies have found CAP laws to be effective in reducing
accidental shootings of children by as much as 23%.

Preventing children from obtaining access to firearms by requiring
safe storage will enable us to prevent child accidents, suicides and
school incidents. First, safe storage can prevent those tragic,
accidents where a child finds a loaded firearm and accidentally shoots
another child.

Safe storage can also reduce suicides, particularly by teens who may
reach for an available firearm in a moment of distress. Studies
indicate mere presence of an available firearm the house increases
teen suicide.

Many of these firearms came from homes where they were unlocked. A
1998 report issued by the State Department of Health indicated that a
substantial number of firearm owners in New York State do not properly
secure their firearms. The report, Firearm Ownership and Safe Storage
in New York State, concluded 38% reported some form of unsafe storage,
where unsafe storage is defined as either failing to lock all firearms
or to secure ammunition separately in a locked place.

The intent of this legislation is to encourage safe firearm storage
before incidents occur, as in the tragic accident with Nicholas
Naumkin. Although we have been a leader in enacting strong gun safety
laws, we do not have CAP and safe storage laws critical to prevent gun
accidents. Safe storage laws save lives.

PRIOR LEGISLATIVE HISTORY:

A.8293-A, 2013 referred to codes and 2014 amended and recommitted to
codes.
Same as S.7822, 2014 referred to codes.
Similar to A.3221, 2013 and 2014 referred to codes.
Same as S.1804, 2013 and 2014 referred to codes.
Similar to A.381, 2011 and 2012 referred to codes.
Same as S.4538, 2011 and 2012 referred to codes.
A.1094, 2009 and 2010 referred to codes.
A.7303, 2007 and 2008 referred to codes.


Same as S.7475, 2008 referred to codes.
A.2083, 2005 and 2006 referred to codes.
A.4555, 2003 and 2004 referred to codes.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have becomes a law.

2015-S2291 - Bill Text download pdf

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

                                  2291

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the general business law, in  relation
  to safe weapon storage

  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 "Nicholas's law".
  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. The legislature hereby finds the following:
  The presence of unsecured, easily accessible,  weapons  in  homes  and
other  places increases the likelihood of death or injury from accidents
and impulsive acts. Guns left unattended must be kept locked  or  stored
securely  to  prevent  access by children and others who should not have
access to them. Gun owners and other lawful possessors  are  responsible
for  keeping  their  weapons from falling into the hands of children and
other unauthorized individuals.
  S 3. The penal law is amended  by  adding  ten  new  sections  265.50,
265.51,  265.52,  265.53,  265.54,  265.55,  265.56,  265.57, 265.58 and
265.59 to read as follows:
S 265.50 DEFINITIONS; SAFE WEAPON STORAGE.
  AS USED IN SECTIONS 265.51 THROUGH 265.59 OF THIS ARTICLE, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "PERSON"  INCLUDES  A  NATURAL  PERSON,  CORPORATION,  PARTNERSHIP,
LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
  2.  "SAFE  STORAGE  DEPOSITORY" MEANS A SAFE OR OTHER SECURE CONTAINER
WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
NATION, OR OTHER UNLOCKING MECHANISM AND IS  CAPABLE  OF  PREVENTING  AN
UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00543-01-5

S. 2291                             2

ON  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 EFFEC-
TIVE SAFE STORAGE DEPOSITORY.
  3.  "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", "ANTIQUE FIREARM",
OR "MACHINE GUN".
S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
  THE PROVISIONS OF SECTION 265.52 OF THIS ARTICLE SHALL  NOT  APPLY  TO
ANY DULY LICENSED MANUFACTURER OF WEAPONS.
S 265.52 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 OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
POSSESSOR OF A WEAPON AND 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 SAFE STORAGE DEPOSITORY OR RENDERED
IT INCAPABLE OF BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRI-
ATE TO THAT WEAPON.
  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
S 265.53 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 265.52 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 265.52 OF  THIS
ARTICLE WITHIN THE PRECEDING TEN YEARS.
  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS A
MISDEMEANOR.
S 265.54 AGGRAVATED FAILURE TO STORE  A  WEAPON  SAFELY  IN  THE  SECOND
           DEGREE.
  A  PERSON  IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED  IN  SECTION  265.52  OF
THIS  ARTICLE  AND  SUCH  WEAPON IS REMOVED BY ANY OTHER PERSON FROM THE
PREMISES WHERE IT WAS STORED UNSAFELY.
  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS  A
CLASS A MISDEMEANOR.
S 265.55 AGGRAVATED  FAILURE  TO  STORE  A  WEAPON  SAFELY  IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED 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  265.52  OF
THIS  ARTICLE AND SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR
INDIRECTLY, PHYSICAL INJURY, SERIOUS PHYSICAL INJURY, OR  DEATH  TO  ANY
OTHER PERSON.
  AGGRAVATED  FAILURE  TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A
CLASS E FELONY.
S 265.56 AGGRAVATED FAILURE TO  STORE  A  WEAPON  SAFELY  IN  THE  FIRST
           DEGREE; APPLICATION.
  IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.55 OF THIS ARTI-
CLE  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 265.55 OF THIS ARTICLE WHEN DECIDING
WHETHER OR NOT TO PROSECUTE SUCH PERSON FOR SUCH CRIME.
  A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
OF A VIOLATION OF SECTION 265.55 OF THIS  ARTICLE  SHALL  BE  PROSECUTED

S. 2291                             3

ONLY  IN  THOSE  INSTANCES  IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A
RECKLESS MANNER.
S 265.57 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
  NO  PERSON  SHALL  SELL,  DELIVER,  OR  TRANSFER ANY WEAPON TO ANOTHER
PERSON UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE,  DELIVERY,
OR TRANSFER WITH:
  1.  A GUN LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTICULAR
WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
  2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE  TWENTY-
FOUR  POINT  TYPE  ON  EIGHT  AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
STATING IN BOLD PRINT THE FOLLOWING WARNING:
                                 WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
BOTH.
  FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
S 265.58 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE  IN  THE
SECOND  DEGREE AS DEFINED IN SECTION 265.57 OF THIS ARTICLE AND HAS BEEN
PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN  THE
SECOND  DEGREE  AS  DEFINED IN SECTION 265.57 OF THIS ARTICLE WITHIN THE
PRECEDING TEN YEARS.
  FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
NOR.
S 265.59 SUSPENSION  AND  REVOCATION  OF  A  LICENSE  TO CARRY, POSSESS,
           REPAIR OR DISPOSE  OF  A  FIREARM  OR  FIREARMS  PURSUANT  TO
           SECTION  400.00  OF THIS CHAPTER AND INELIGIBILITY FOR SUCH A
           LICENSE; ORDER TO SURRENDER FIREARMS.
  1. WHENEVER (A) A PERSON IS CONVICTED OF FAILURE  TO  STORE  A  WEAPON
SAFELY  IN  THE  SECOND  DEGREE  UNDER SECTION 265.52 OF THIS ARTICLE OR
AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND  DEGREE  UNDER
SECTION 265.54 OF THIS ARTICLE, AND HAS A PRIOR CONVICTION OF FAILURE TO
STORE  A WEAPON SAFELY IN THE SECOND DEGREE UNDER SECTION 265.52 OF THIS
ARTICLE OR AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN  THE  SECOND
DEGREE  UNDER  SECTION  265.54  OF  THIS  ARTICLE;  OR  (B)  A PERSON IS
CONVICTED OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE  UNDER
SECTION  265.53  OF THIS ARTICLE OR AGGRAVATED FAILURE TO STORE A WEAPON
SAFELY IN THE FIRST DEGREE UNDER SECTION 265.55  OF  THIS  ARTICLE,  THE
COURT  SHALL REVOKE ANY EXISTING LICENSE POSSESSED BY SUCH PERSON, ORDER
SUCH PERSON INELIGIBLE FOR SUCH  A  LICENSE,  AND  ORDER  THE  IMMEDIATE
SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
OF  SECTION 265.20 OF THIS ARTICLE AND SUBDIVISION SIX OF SECTION 400.05
OF THIS CHAPTER, OF ANY OR ALL FIREARMS OWNED OR POSSESSED,  OR  SUSPEND
OR  CONTINUE  TO  SUSPEND  ANY  SUCH  EXISTING LICENSE POSSESSED BY SUCH
PERSON, ORDER SUCH PERSON INELIGIBLE FOR SUCH A LICENSE, AND  ORDER  THE
IMMEDIATE  SURRENDER  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE AND SUBDIVISION  SIX  OF
SECTION  400.05  OF  THIS  CHAPTER,  OF  ANY  OR  ALL  FIREARMS OWNED OR
POSSESSED.
  2. ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION  SHALL  REMAIN
IN EFFECT FOR FIVE YEARS.

S. 2291                             4

  3.  (A) WHENEVER A PERSON IS CONVICTED AS PROVIDED IN PARAGRAPH ONE OF
THIS SECTION, THE COURT SHALL REQUIRE THE RESPONDENT TO INFORM THE COURT
OF ALL FIREARMS HE OR SHE OWNS OR POSSESSES. ANY ORDER TO SURRENDER  ONE
OR  MORE  FIREARMS  SHALL SPECIFY A DATE AND TIME BY WHICH THE SURRENDER
SHALL  BE  COMPLETED  AND,  TO  THE EXTENT POSSIBLE, SHALL DESCRIBE SUCH
FIREARMS TO BE SURRENDERED AND SHALL DIRECT THE AUTHORITY RECEIVING SUCH
SURRENDERED FIREARMS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER.
  (B) THE PROMPT SURRENDER OF ONE OR MORE FIREARMS PURSUANT TO  A  COURT
ORDER  ISSUED  PURSUANT  TO THIS SECTION SHALL BE CONSIDERED A VOLUNTARY
SURRENDER FOR PURPOSES OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
SION  A  OF SECTION 265.20 OF THIS ARTICLE.  THE DISPOSITION OF ANY SUCH
FIREARMS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  SIX
OF SECTION 400.05 OF THIS CHAPTER.
  (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
OR OTHER FIREARMS OWNED OR POSSESSED BY A RESPONDENT  PURSUANT  TO  THIS
CHAPTER.
  4. (A) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING A PERSON
INELIGIBLE FOR SUCH LICENSE, OR ORDERING THE SURRENDER OF ANY FIREARM AS
PROVIDED  IN  THIS SECTION SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED
POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION AND  THE  DIVISION  OF
STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
  (B)  WHERE  AN  ORDER  OF  REVOCATION,  SUSPENSION,  INELIGIBILITY, OR
SURRENDER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
DULY CONSTITUTED POLICE AUTHORITIES  OF  THE  LOCALITY  CONCERNING  SUCH
ACTION  AND  SHALL GIVE WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY
TO THE DIVISION OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
  5. THE RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE  THE  COURT
REGARDING  ANY  REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDER
ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS  SUBDIVI-
SION  SHALL  PRECLUDE  THE  COURT FROM ISSUING ANY SUCH ORDER PRIOR TO A
HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEARING, IT
SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE SUCH  ORDER
WAS ISSUED.
  S 4. Section 400.00 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
  18.  NOTICE.  UPON THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING
OFFICER SHALL ISSUE THEREWITH THE FOLLOWING NOTICE  IN  CONSPICUOUS  AND
LEGIBLE  TWENTY-FOUR  POINT  TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN
INCHES PAPER STATING IN BOLD PRINT THE FOLLOWING:
                                  WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
BOTH.
  S 5. Subdivision 2 of section 396-ee of the general business  law,  as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  (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  lock-

S. 2291                             5

ing  device  or  safety  lock  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."] "RESPONSI-
BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSITORY  OR
NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
OTHER  LAWFUL POSSESSOR.   FIREARMS SHOULD BE STORED UNLOADED AND LOCKED
IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A
CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH."
  S 6. 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 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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2015-S2291A (ACTIVE) - Details

See Assembly Version of this Bill:: A53
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §265.45, add §§265.44 - 265.47, 265.49, 265.51 & 265.53, amd §400.00, Pen L; amd §396-ee, Gen Bus L; amd §11-0713, En Con L
Versions Introduced in 2013-2014 Legislative Session:: A8293

2015-S2291A (ACTIVE) - Summary

Enacts "Nicholas's law"; requires the safe storage of rifles, shotguns, or firearms; repeals certain provisions of the penal law relating thereto.

2015-S2291A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2291A

TITLE OF BILL:

An act to amend the penal law, the general business law and the
environmental conservation law, in relation to the safe storage of
rifles, shotguns, or firearms; and to repeal certain provisions of the
penal law relating thereto

PURPOSE:

To provide regulations for safe storage of firearms in order to
prevent injury and death, particularly of children, by unintentional
access, discharge and use of weapons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The act shall be known as "Nicholas's law."

Section 2: Recites the legislative findings.

Section 3: Ten new sections amending the penal law to include:

§ 265.50 defines "safe storage depository" and "weapon";

§ 255.51 excludes any duly licensed manufacturer of weapons from

265.52;

§ 265.52 defines failure to store a weapon safely in the second degree
as storing or leaving a weapon out of one's immediate possession or
control without having first securely locked such weapon in a safe
storage depository or rendered it incapable of being fired by using an
appropriate gun locking device; failure to store a weapon safely in
the second degree is a violation;

§ 265.53 defines failure to store a weapon safely in the first degree
as committing the offense of failure to store a weapon safely in the
second degree and the person has been previously convicted of failure
to store a weapon safely in the second degree within the preceding 10
years; failure to store a weapon safely in the first degree is a class
A misdemeanor;

§ 265.54 defines aggravated failure to store a weapon safely in the
second degree as committing the offense of failure to store a weapon
safely in the second degree and the weapon is removed by any other
person from the premises where it was stored unsafely; aggravated
failure to store a weapon safely in the second degree is a class A
misdemeanor;

§ 265.55 defines aggravated failure to store a weapon safely in the
first degree as committing the offense of failure to store a weapon
safely in the second degree and the weapon discharges and thereby
causes, directly or indirectly, physical injury, serious physical
injury, or death to any other person; aggravated failure to store a
weapon safely in the first degree is a class E felony;


§ 265.56 requires the district attorney, when deciding whether or not
to prosecute a parent or guardian of a child who is injured or who
dies as the result of a violation of § 265.55, to consider, among
other factors, the impact of the injury or death on such parent or
guardian, and further provides that a parent or guardian of a child
who is injured or who dies as the result of a violation of § 265.55
shall be prosecuted only in those instances in which the parent or
guardian behaved in a reckless manner;

§ 265.57 defines failure to provide notice in the second degree as the
failure, in the sale, delivery or transfer of any weapon to another
person, to provide the transferee at the time of sale, delivery or
transfer, with a safety locking device that is capable of preventing
the weapon from firing or a safe storage depository and a copy of the
warning set forth in the section in conspicuous and legible type;
failure to provide notice in the second degree is a violation;

§ 265.58 defines failure to provide notice in the first degree as
committing the offense of failure to provide notice in the second
degree and the person has been previously convicted of the offense of
failure to provide notice in the second degree within the preceding
ten years; failure to provide notice in the first degree is a class A
misdemeanor;

§ 265.59 provides that whenever (i) a person is convicted of failure
to store a weapon safely in the second degree under section 265.52 or
aggravated failure to store a weapon safely in the second degree under
section 265.54, and has a prior conviction of failure to store a
weapon safely in the second degree under section 265.52 or aggravated
failure to store a weapon safely in the second degree under section
265.54, or (ii) a person is convicted of failure to store a weapon
safely in the first degree under section 265.53 or aggravated failure
to store a weapon safely in the first degree under section 265.55, the
court shall revoke any existing license possessed by such person,
order such person ineligible for such a license, and order the
immediate surrender of any or all firearms owned or possessed, or
suspend or continue to suspend any such existing license possessed by
such person, order such person ineligible for such a license, and
order the immediate surrender of any or all firearms owned or
possessed by such person. This section further provides that whenever
a person is convicted as provided in this section, the court shall
require the respondent to inform the court of all firearms he or she
owns or possesses. Such person shall have the right to a hearing
regarding any revocation, suspension, ineligibility or surrender order
issued pursuant to this section. In addition, if the court issues a
revocation, suspension, ineligibility or surrender order, the court
shall immediately notify the local police authorities and the division
of state police in Albany.

Section 4: New subdivision 18 is added to § 400.00 of the penal law to
require the licensing officer to issue a notice set forth in the
subdivision in conspicuous and legible type upon the issuance or
renewal of a license.

Section 5: Subdivision 2 of § 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to provide the
text of the notice that every person, firm or corporation engaged in


the retail business of selling rifles, shotguns or firearms must post
conspicuously in bold print in the place where such rifles, shotguns
or firearms are displayed or transferred to a purchaser.

Section 6: Provides for severability if a word, phrase, clause,
sentence, paragraph, section, or part of this act shall be adjudged by
a court of competent jurisdiction to be invalid.

Section 7: Provides the effective date.

JUSTIFICATION:

In 2001, legislation was passed to require the purchase of a safety
locking device with the purchase or transfer of a firearm. In 2013,
the SAFE Act was enacted, which included a provision that requires
safe storage of a firearm; however, that provision applies only to a
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 under specific provisions of
federal law. And the SAFE Act does not provide for the safe storage of
firearms in homes when and where children are present. This
legislation would provide for criminal penalties for any person who
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 safe storage depository or rendered it incapable of
being fired by using an appropriate gun locking device.

In 2011, firearms killed 997 New Yorkers. Of these, 466 deaths were
homicides (47%), 505 were suicides (51%), 12 were unintentional (1%)
and 14 were legal (1%). Safe storage is one way to help reduce the
firearm death and injury rate in New York State.

Safe storage may reduce theft and use of firearms in crime. It is
estimated that each year in the United States, half a million firearms
are stolen.

Safe storage is particularly important in keeping firearms out of the
hands of children and young people. A 2005 study of adult firearm
storage practices found that almost 2 million children under age 18
live in homes with easily accessible loaded and/or unlocked guns. 116
Pediatrics e3701-372 (Sept. 2005). We have learned that poorly stored
guns increase the risk of accidental gun deaths. Reducing Gun Violence
in America: Informing Policy with Evidence and Analysis, Webster OW,
Vernick JS, ed. 2013, p. 13. Moreover, studies have shown that keeping
firearms locked and unloaded reduced unintentional injury in homes
with children and teens. 293 JAMA 707, 711-713(2005).  Each year in
New York State, on average 210 children ages 19 years and younger are
treated at a hospital because of an unintentional firearm injury, and
75 are injured severely enough to be hospitalized. Two children in
this age group are killed each year in an unintentional firearm
incident. A gun kept in the home is 43 times more likely to be used to
kill someone who the family knows than to kill someone in
self-defense.

(http://www.health.ny.gov/prevention/injury_prevention/children/fact_
sheets/birth-19_years/firearm_injuries_birth-19_years.htm)


This bill is named for 12-year old Nicholas Naumkin, who was shot in
the head by his 12-year-old friend at his friend's home in Wilton, New
York. His friend was playing with his father's gun when he shot
Nicholas. Nicholas died the following day, on December 23, 2010. A
middle school student in Saratoga Springs, Nicholas was a talented
young man with a passion for acting, drawing and computer animation.

In 2011, in New York, 389 children under the age of 18 were
hospitalized with a nonfatal gun injury. Of these injuries, 314 were
due to an assault and 60 were accidental (National Inpatient Sample,
2011). In 2010, according to the Centers for Disease Control
(WISQARS), 116 children under the age of 19 were killed by guns in New
York - 93 were homicides, 13 were suicides and ten were undetermined.

Child Access Prevention (CAP) laws, which include provisions similar
to those contained in this legislation, have been associated with
lower rates of unintentional gun deaths among children. Regulating
Guns in America: An Evaluation and Comparative Analysis of Federal,
State and Selected Local Gun Laws, p. 233, published by Legal
Community Against Violence, 2008. Currently, 27 states and the
District of Columbia have enacted CAP laws, including California,
Connecticut, Florida, Illinois, Massachusetts, New Jersey, Texas and
Virginia. Studies have found CAP laws to be effective in reducing
accidental shootings of children by as much as 23%.

Preventing children from obtaining access to firearms by requiring
safe storage will enable us to prevent child accidents, suicides and
school incidents. First, safe storage can prevent those tragic,
accidents where a child finds a loaded firearm and accidentally shoots
another child.

Safe storage can also reduce suicides, particularly by teens who may
reach for an available firearm in a moment of distress. Studies
indicate mere presence of an available firearm the house increases
teen suicide.

Many of these firearms came from homes where they were unlocked. A
1998 report issued by the State Department of Health indicated that a
substantial number of firearm owners in New York State do not properly
secure their firearms. The report, Firearm Ownership and Safe Storage
in New York State, concluded 38% reported some form of unsafe storage,
where unsafe storage is defined as either failing to lock all firearms
or to secure ammunition separately in a locked place.

The intent of this legislation is to encourage safe firearm storage
before incidents occur, as in the tragic accident with Nicholas
Naumkin. Although we have been a leader in enacting strong gun safety
laws, we do not have CAP and safe storage laws critical to prevent gun
accidents. Safe storage laws save lives.

PRIOR LEGISLATIVE HISTORY:

A.8293-A, 2013 referred to codes and 2014 amended and recommitted to
codes.
Same as S.7822, 2014 referred to codes.
Similar to A.3221, 2013 and 2014 referred to codes.
Same as S.1804, 2013 and 2014 referred to codes.


Similar to A.381, 2011 and 2012 referred to codes.
Same as S.4538, 2011 and 2012 referred to codes.
A.1094, 2009 and 2010 referred to codes.
A.7303, 2007 and 2008 referred to codes.
Same as S.7475, 2008 referred to codes.
A.2083, 2005 and 2006 referred to codes.
A.4555, 2003 and 2004 referred to codes.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have becomes a law.

2015-S2291A (ACTIVE) - Bill Text download pdf

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

                                 2291--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by Sens. KLEIN, ADDABBO, HAMILTON, HOYLMAN, LATIMER, PARKER,
  PERALTA, SQUADRON -- 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 environ-
  mental  conservation  law,  in relation to the safe storage of rifles,
  shotguns, or firearms; and to repeal certain provisions of  the  penal
  law relating thereto

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

  Section 1. 1. Short title. This act shall be known and may be cited as
"Nicholas's law".
  2. Legislative findings. The legislature hereby finds the following:
  a. The presence of unsecured, easily accessible, weapons in homes  and
other  places increases the likelihood of death or injury from accidents
and impulsive acts;
  b. Guns left unattended must be kept  locked  or  stored  securely  to
prevent  access  by  children  and  others who should not have access to
them; and
  c. Gun owners and other lawful possessors are responsible for  keeping
their  weapons  from  falling into the hands of children and other unau-
thorized individuals.
  S 2. The penal law is amended by adding a new section 265.44  to  read
as follows:
S 265.44 DEFINITION.
  FOR  PURPOSES  OF SECTIONS 265.45, 265.46, AND 265.47 OF THIS ARTICLE,
"SAFE STORAGE DEPOSITORY" SHALL MEAN A SAFE OR  OTHER  SECURE  CONTAINER
WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
NATION  OR  OTHER  UNLOCKING  MECHANISM  AND  IS CAPABLE OF PREVENTING A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00543-03-5

S. 2291--A                          2

PERSON OTHER THAN THE OWNER OR CUSTODIAN ACCESS TO AND POSSESSION OF THE
WEAPON CONTAINED THEREIN.
  S  3.  Section  265.45  of  the  penal  law  is REPEALED and three new
sections 265.45, 265.46 and 265.47 are added to read as follows:
S 265.45 FAILURE TO SAFELY STORE A RIFLE, SHOTGUN,  FIREARM  OR  ANTIQUE
           FIREARM.
  A  PERSON  IS  GUILTY  OF  FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN,
FIREARM OR ANTIQUE FIREARM WHEN HE OR SHE  OWNS  OR  HAS  CUSTODY  OF  A
RIFLE,  SHOTGUN, FIREARM OR ANTIQUE FIREARM AND LEAVES SUCH RIFLE, SHOT-
GUN, FIREARM OR ANTIQUE FIREARM OUT OF HIS OR HER  IMMEDIATE  POSSESSION
OR  CONTROL  WITHOUT  HAVING  FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN,
FIREARM OR ANTIQUE FIREARM IN AN APPROPRIATE SAFE STORAGE DEPOSITORY  OR
RENDERED  IT  INCAPABLE  OF  BEING  FIRED BY USE OF A GUN LOCKING DEVICE
APPROPRIATE TO THAT WEAPON; PROVIDED, HOWEVER, THAT ACTUAL POSSESSION OF
A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM BY THE HOLDER  OF  A  VALID
NEW  YORK HUNTING LICENSE OR PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW AND CONTEMPORANEOUSLY USED IN ACCORD-
ANCE WITH SUCH LAW SHALL NOT BE GOVERNED BY THIS SECTION.
  NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT, IMPAIR OR SUPERSEDE
ANY SPECIAL OR LOCAL LAW RELATING TO THE SAFE STORAGE OF  RIFLES,  SHOT-
GUNS, FIREARMS OR ANTIQUE FIREARMS WHICH IMPOSES ADDITIONAL REQUIREMENTS
ON THE OWNER OR CUSTODIAN OF SUCH WEAPONS.
  FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM
IS A VIOLATION.
S 265.46 FAILURE TO SAFELY STORE A RIFLE, SHOTGUN,  FIREARM  OR  ANTIQUE
           FIREARM IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN,
FIREARM OR ANTIQUE FIREARM IN THE SECOND DEGREE WHEN HE OR  SHE  COMMITS
THE  CRIME  OF  FAILURE  TO  SAFELY  STORE  A RIFLE, SHOTGUN, FIREARM OR
ANTIQUE FIREARM AS DEFINED IN SECTION 265.45 OF THIS ARTICLE AND:
  1. AT THE TIME OF THE COMMISSION OF SUCH CRIME, HE OR SHE RESIDES WITH
ANOTHER 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); OR
  2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED OF FAILURE TO SAFELY  STORE
A  RIFLE,  SHOTGUN, FIREARM OR ANTIQUE FIREARM WITHIN THE PAST TEN YEARS
UNDER THIS SECTION, OR SECTION 265.45 OR 265.47 OF THIS ARTICLE.
  NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT, IMPAIR OR SUPERSEDE
ANY SPECIAL OR LOCAL LAW RELATING TO THE SAFE STORAGE OF  RIFLES,  SHOT-
GUNS,  FIREARMS  OR  ANTIQUE FIREARMS, WHICH IMPOSES ADDITIONAL REQUIRE-
MENTS ON THE OWNER OR CUSTODIAN OF SUCH WEAPONS.
  FAILURE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR  ANTIQUE  FIREARM
IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 265.47 FAILURE  TO  SAFELY  STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE
           FIREARM IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF  FAILURE  TO  SAFELY  STORE  A  RIFLE,  SHOTGUN,
FIREARM  OR  ANTIQUE  FIREARM IN THE FIRST DEGREE WHEN HE OR SHE COMMITS
THE OFFENSE OF FAILURE TO SAFELY STORE  A  RIFLE,  SHOTGUN,  FIREARM  OR
ANTIQUE  FIREARM  AS  DEFINED IN SECTION 265.45 OF THIS ARTICLE AND AS A
RESULT OF SUCH FAILURE TO SAFELY STORE SUCH RIFLE, SHOTGUN,  FIREARM  OR
ANTIQUE  FIREARM  IS  OBTAINED  BY AN UNAUTHORIZED PERSON AND DISCHARGES
CAUSING PHYSICAL INJURY TO ANY OTHER PERSON.
  FAILURE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR  ANTIQUE  FIREARM
IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  4.  The  penal  law is amended by adding three new sections 265.49,
265.51 and 265.53 to read as follows:

S. 2291--A                          3

S 265.49 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
  NO  PERSON  SHALL  SELL  OR  TRANSFER OWNERSHIP OF ANY RIFLE, SHOTGUN,
FIREARM, OR ANTIQUE FIREARM TO ANOTHER PERSON UNLESS THE  TRANSFEREE  IS
PROVIDED AT THE TIME OF SALE, DELIVERY, OR TRANSFER WITH:
  1.  A GUN LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTICULAR
WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
  2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE  TWENTY-
FOUR  POINT  TYPE  ON  EIGHT  AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
STATING IN BOLD PRINT THE FOLLOWING WARNING:
                                 WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
BOTH.
  FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
S 265.51 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN  THE  FIRST  DEGREE
WHEN  HE  OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE
SECOND DEGREE AS DEFINED IN SECTION 265.49 OF THIS ARTICLE AND HAS  BEEN
PREVIOUSLY  CONVICTED OF FAILURE TO PROVIDE NOTICE UNDER THIS SECTION OR
SECTION 265.49 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
  FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
NOR.
S 265.53 REPORTING OF CERTAIN FIREARM CONVICTIONS.
  WHEN  A  PERSON  HAS  A PRIOR CONVICTION FOR FAILURE TO SAFELY STORE A
RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM IN THE SECOND DEGREE OR FAIL-
URE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM IN  THE
FIRST  DEGREE,  UPON  A  SECOND  OR SUBSEQUENT CONVICTION OF EITHER SUCH
OFFENSE, THE  DISTRICT  ATTORNEY  OR  OTHER  PROSECUTING  AUTHORITY  WHO
OBTAINED SUCH CONVICTION SHALL PROVIDE NOTICE OF SUCH CONVICTION TO BOTH
THE  DIVISION  OF  STATE POLICE AND, IF SUCH PERSON POSSESSES A NEW YORK
STATE ISSUED  HANDGUN  LICENSE,  THE  PERTINENT  LICENSING  OFFICER  WHO
CURRENTLY  EXERCISES  LEGAL  AUTHORITY  OVER SUCH PERSON'S LICENSE. SUCH
NOTICE SHALL INCLUDE THE  OFFENSE  FOR  WHICH  THE  DEFENDANT  HAS  BEEN
CONVICTED,  THE  NAME AND ADDRESS OF SUCH OFFENDER AND OTHER IDENTIFYING
INFORMATION, INCLUDING THE OFFENDER'S DATE OF BIRTH AND SOCIAL  SECURITY
NUMBER,  TO  THE EXTENT CONSISTENT WITH FEDERAL AND STATE LAWS GOVERNING
PERSONAL PRIVACY  AND  CONFIDENTIALITY  OF  INFORMATION.  SUCH  DISTRICT
ATTORNEY OR OTHER PROSECUTING AUTHORITY SHALL INCLUDE IN SUCH NOTICE THE
NAME  AND  BUSINESS  ADDRESS  OF THE OFFENDER'S COUNSEL OF RECORD IN THE
CRIMINAL PROCEEDING. SUCH NOTICE MUST BE FILED NOT MORE THAN THIRTY DAYS
AFTER JUDGMENT HAS BEEN ENTERED.
  S 5. Section 400.00 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
  18. NOTICE. UPON THE ISSUANCE OR RENEWAL OF A LICENSE,  THE  LICENSING
OFFICER  SHALL  ISSUE  THEREWITH THE FOLLOWING NOTICE IN CONSPICUOUS AND
LEGIBLE TWENTY-FOUR POINT TYPE ON EIGHT AND ONE-HALF  INCHES  BY  ELEVEN
INCHES PAPER STATING IN BOLD PRINT THE FOLLOWING:
                                 WARNING
RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED  AND

S. 2291--A                          4

LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
BOTH.
  S  6.  Subdivision 2 of section 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  (2) Every person, firm or corporation engaged in the  retail  business
of  selling rifles, shotguns [or], firearms OR ANTIQUE FIREARMS, as such
terms are defined in section 265.00 of the  penal  law,  shall,  in  the
place where such rifles, shotguns [or], firearms OR ANTIQUE FIREARMS are
displayed  or  transferred to the purchaser, post a notice conspicuously
stating in bold print that: ["The use of a locking device or safety lock
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."]"RESPONSIBLE FIREARM STORAGE IS THE LAW IN
NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE
OR IN A SAFE STORAGE DEPOSITORY OR NOT BE  LEFT  OUTSIDE  THE  IMMEDIATE
POSSESSION  AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNI-
TION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PERSON MAY SUBJECT
YOU TO IMPRISONMENT, FINE, OR BOTH."
  S 7. Section 11-0713 of the environmental conservation law is  amended
by adding a new subdivision 7 to read as follows:
  7. UPON THE ISSUANCE OF A HUNTING LICENSE OR MUZZLE-LOADING PRIVILEGE,
THE  ISSUING  OFFICER  SHALL  ISSUE  THEREWITH  THE  FOLLOWING NOTICE IN
CONSPICUOUS AND LEGIBLE TYPE STATING THE FOLLOWING:
                                 WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
BOTH.
  S 8. 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 word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which  such  judgment  shall
have been rendered.
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2291A

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Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2015-S2291 - Details

2015-S2291 - Summary

2015-S2291 - Sponsor Memo

2015-S2291 - Bill Text download pdf

co-Sponsors

2015-S2291A (ACTIVE) - Details

2015-S2291A (ACTIVE) - Summary

2015-S2291A (ACTIVE) - Sponsor Memo

2015-S2291A (ACTIVE) - Bill Text download pdf

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