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

                                   53

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. PAULIN, ABINANTI, ENGLEBRIGHT, JAFFEE, ROSENTHAL,
  GALEF,  COOK, ORTIZ, CYMBROWITZ, DINOWITZ, MAYER, SCARBOROUGH, WEPRIN,
  FAHY, BROOK-KRASNY, BRAUNSTEIN,  MOSLEY,  CAMARA,  BUCHWALD,  SCHIMEL,
  SEPULVEDA,  KAVANAGH  -- Multi-Sponsored by -- M. of A. ARROYO, AUBRY,
  BRENNAN, CLARK, GOTTFRIED, HOOPER, PERRY, THIELE, WRIGHT -- read  once
  and referred 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:

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

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  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-
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

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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
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

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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.
  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.

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  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-
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.