S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  563--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, ABINANTI, ENGLEBRIGHT, JAFFEE, ROSENTHAL,
   GALEF,  COOK, ORTIZ, CYMBROWITZ, DINOWITZ, MAYER, WEPRIN, FAHY, BRAUN-
   STEIN, MOSLEY, BUCHWALD, SEPULVEDA, KAVANAGH,  STECK,  COLTON,  ROZIC,
   SEAWRIGHT,  LAVINE,  HARRIS  -- Multi-Sponsored by -- M. of A. ARROYO,
   AUBRY, CRESPO, DenDEKKER, GOTTFRIED, HEVESI, HOOPER,  PERRY,  RICHARD-
   SON,  SIMON,  THIELE,  TITONE, WRIGHT -- read once and referred 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, and the general business 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.
   §  2.  The penal law is amended by adding a new section 265.44 to read
 as follows:
 § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01105-04-7

 A. 563--A                           2
 
 NATION OR OTHER UNLOCKING MECHANISM  AND  IS  CAPABLE  OF  PREVENTING  A
 PERSON OTHER THAN THE OWNER OR CUSTODIAN ACCESS TO AND POSSESSION OF THE
 WEAPON CONTAINED THEREIN.
   §  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:
 § 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.
 § 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. § 922(G)(1),
 (4), (8) OR (9);
   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; OR
   3. AS A RESULT, SUCH RIFLE, SHOTGUN, FIREARM  OR  ANTIQUE  FIREARM  IS
 OBTAINED BY AN UNAUTHORIZED PERSON AND DISCHARGES CAUSING PHYSICAL INJU-
 RY TO ANY OTHER PERSON.
   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.
 § 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,  SUCH  RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM IS OBTAINED BY
 AN UNAUTHORIZED PERSON AND DISCHARGES CAUSING THE  DEATH  OF  ANY  OTHER
 PERSON.

 A. 563--A                           3
 
   FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM
 IN THE FIRST DEGREE IS A CLASS E FELONY.
   §  4.  The  penal  law is amended by adding three new sections 265.49,
 265.51 and 265.53 to read as follows:
 § 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.
 § 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.
 § 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.
   § 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

 A. 563--A                           4
 
 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.
   §  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."
   § 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 word, phrase, clause, sentence, paragraph, section, or part ther-
 eof 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.