S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1990
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee 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.
   § 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.
   §  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.
   28. "GUN LOCKING DEVICE" MEANS AN  INTEGRATED  DESIGN  FEATURE  OR  AN
 ATTACHABLE  ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03389-01-7

 A. 1990                             2
 
 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.
   §  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:
 § 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.
 § 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.
 § 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.
 § 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;
   (C)  SUCH  WEAPON  IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS
 THE WEAPON FROM DISCHARGING;

 A. 1990                             3
 
   (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.
 § 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.
 § 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.
   §  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
 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

 A. 1990                             4
 
 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."
   § 6. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 56 to read as follows:
   56.  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 TWENTY-ONE.
   § 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.
   § 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, 2020;
 provided, further, that section five of this act shall take effect March
 1, 2020 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.