NY State Senate Bill 2017-S4392A

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 03, 2018	referred to codes
May 03, 2017	print number 4392a
May 03, 2017	amend and recommit to codes
Feb 13, 2017	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4392 - Details

See Assembly Version of this Bill:: A563
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§265.44, 265.46, 265.47, 265.49, 265.51 & 265.53, rpld & add §265.45, amd §400.00, Pen L; amd §396-ee, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S1764, A503

2017-S4392 - Summary

Relates to the safe storage of rifles, shotguns, or firearms.

2017-S4392 - Sponsor Memo

                                 BILL NUMBER:  S4392

 TITLE OF BILL :  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

 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." Recites the
legislative findings.

Section 2: Amends the penal law to add new section 265.44 to provide
the definition of "safe storage depository."

Section 3: Repeals section 265.45 of the penal law and adds three new
sections as follows:

§ 265.45 defines failure to safely store a rifle, shotgun, firearm or
antique firearm when a person owns or has custody of a rifle, shotgun,

firearm or antique firearm and leaves such rifle, shotgun, 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 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 11 of the Environmental
Conservation Law and contemporaneously used in accordance with such
law shall not be governed by this section.  Failure to safely store a
rifle, shotgun, firearm or antique firearm is a violation.

§ 265.46 defines failure to safely store a rifle, shotgun, firearm or
antique firearm in the second degree when a person commits the crime
of failure to safely store a rifle, shotgun, firearm or antique
firearm as defined in section 265.45 of the penal law and either: (i)
at the time of the commission of such crime 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. section 922(g) (1),
(4), (8) or (9); or (ii) has been previously convicted of failure to
safely store a rifle, shotgun, firearm or antique firearm within the
preceding 10 years under his section or section 265.45 or 265.47.
Failure to safely store a rifle, shotgun, firearm or antique firearm
in the first degree is a class A misdemeanor.

§ 265.47 defines failure to safely store a rifle, shotgun, firearm or
antique firearm in the first degree when a person commits the offense
of failure to safely store a rifle, shotgun, firearm or antique
firearm as defined in section 265.45 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.

Section 4: Amends the penal law to add three new sections as follows:

§ 265.49 defines failure to provide notice in the second degree as the
failure, in the sale or transfer of any rifle, shotgun, firearm or
antique firearm to another person, to provide the transferee at the
time of sale, delivery or transfer, with a gun locking device that is
capable of preventing the particular 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.

§ 265.51 defines failure to provide notice in the first degree as
committing the offense of failure to provide notice in the second
degree as defined in section 265.49 and the person has been previously
convicted of the offense of failure to provide notice under this
section or section 265.49 within the preceding 10 years.  Failure to
provide notice in the first degree is a class B misdemeanor.

§ 265.53 provides that when a person has a prior conviction for
failure to safely store a rifle, shotgun, firearm or antique firearm
in the second degree or failure to safely store a rifle, shotgun,
firearm or antique firearm safely 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 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. The notice shall include the information
set forth in this section.

Section 5: Adds new subdivision 18 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 6: Amends subdivision 2 of § 396-ee of the general business
law, as added by chapter 189 of the laws of 2000, to provide the text
of the notice that every person, firm or corporation engaged in the
retail business of selling rifles, shotguns, firearms or antique
firearms must post conspicuously in bold print in the place where such
rifles, shotguns, firearms or antique firearms are displayed or
transferred to a purchaser.

Section 7: 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 8: states that this act shall take effect on the first of
November next succeeding the date on which it shall have becomes a
law.

 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 rifle, shotgun, 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 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/birth19_years/firearminjuriesbirth-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 :

6/16/15- A53A (Paulin)- Passed Assembly 2015-2016: S.2291 (Klein) -
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.

2017-S4392 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4392
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 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 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-
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-01-7

 S. 4392                             2
 
 § 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); 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.
 § 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.
   §  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:

 S. 4392                             3
 
   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
 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. 4392                             4
 
   § 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.

co-Sponsors

View additional co-sponsors

2017-S4392A (ACTIVE) - Details

See Assembly Version of this Bill:: A563
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§265.44, 265.46, 265.47, 265.49, 265.51 & 265.53, rpld & add §265.45, amd §400.00, Pen L; amd §396-ee, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S1764, A503

2017-S4392A (ACTIVE) - Summary

Relates to the safe storage of rifles, shotguns, or firearms.

2017-S4392A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4392A

 TITLE OF BILL :  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

 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." Recites the
legislative findings.

Section 2: Amends the penal law to add new section 265.44 to provide
the definition of "safe storage depository."

Section 3: Repeals section 265.45 of the penal law and adds three new
sections as follows:

§ 265.45 defines failure to safely store a rifle, shotgun, firearm or
antique firearm when a person owns or has custody of a rifle, shotgun,

firearm or antique firearm and leaves such rifle, shotgun, 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 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 11 of the Environmental
Conservation Law and contemporaneously used in accordance with such
law shall not be governed by this section.  Failure to safely store a
rifle, shotgun, firearm or antique firearm is a violation.

§ 265.46 defines failure to safely store a rifle, shotgun, firearm or
antique firearm in the second degree when a person commits the crime
of failure to safely store a rifle, shotgun, firearm or antique
firearm as defined in section 265.45 of the penal law and either: (i)
at the time of the commission of such crime 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. section 922(g) (1),
(4), (8) or (9); or (ii) has been previously convicted of failure to
safely store a rifle, shotgun, firearm or antique firearm within the
preceding 10 years under his section or section 265.45 or 265.47.
Failure to safely store a rifle, shotgun, firearm or antique firearm
in the first degree is a class A misdemeanor.

§ 265.47 defines failure to safely store a rifle, shotgun, firearm or
antique firearm in the first degree when a person commits the offense
of failure to safely store a rifle, shotgun, firearm or antique
firearm as defined in section 265.45 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.

Section 4: Amends the penal law to add three new sections as follows:

§ 265.49 defines failure to provide notice in the second degree as the
failure, in the sale or transfer of any rifle, shotgun, firearm or
antique firearm to another person, to provide the transferee at the
time of sale, delivery or transfer, with a gun locking device that is
capable of preventing the particular 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.

§ 265.51 defines failure to provide notice in the first degree as
committing the offense of failure to provide notice in the second
degree as defined in section 265.49 and the person has been previously
convicted of the offense of failure to provide notice under this
section or section 265.49 within the preceding 10 years.  Failure to
provide notice in the first degree is a class B misdemeanor.

§ 265.53 provides that when a person has a prior conviction for
failure to safely store a rifle, shotgun, firearm or antique firearm
in the second degree or failure to safely store a rifle, shotgun,
firearm or antique firearm safely 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 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. The notice shall include the information
set forth in this section.

Section 5: Adds new subdivision 18 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 6: Amends subdivision 2 of § 396-ee of the general business
law, as added by chapter 189 of the laws of 2000, to provide the text
of the notice that every person, firm or corporation engaged in the
retail business of selling rifles, shotguns, firearms or antique
firearms must post conspicuously in bold print in the place where such
rifles, shotguns, firearms or antique firearms are displayed or
transferred to a purchaser.

Section 7: 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 8: states that this act shall take effect on the first of
November next succeeding the date on which it shall have becomes a
law.

 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 rifle, shotgun, 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 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/injuryprevention/children/fact_
sheets/birth19_years/firearminjuriesbirth-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 :

6/16/15- A53A (Paulin)- Passed Assembly 2015-2016: S.2291 (Klein)
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.

2017-S4392A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4392--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, KAMINSKY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-05-7

 S. 4392--A                          2
 
   § 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.
   FAILURE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR  ANTIQUE  FIREARM
 IN THE FIRST DEGREE IS A CLASS E FELONY.

 S. 4392--A                          3
 
   §  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
 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-

 S. 4392--A                          4
 
 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.

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Senate Bill S4392A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2017-S4392 - Details

2017-S4392 - Summary

2017-S4392 - Sponsor Memo

2017-S4392 - Bill Text download pdf

co-Sponsors

2017-S4392A (ACTIVE) - Details

2017-S4392A (ACTIVE) - Summary

2017-S4392A (ACTIVE) - Sponsor Memo

2017-S4392A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4392A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2017-S4392 - Details

2017-S4392 - Summary

2017-S4392 - Sponsor Memo

2017-S4392 - Bill Text download pdf

co-Sponsors

2017-S4392A (ACTIVE) - Details

2017-S4392A (ACTIVE) - Summary

2017-S4392A (ACTIVE) - Sponsor Memo

2017-S4392A (ACTIVE) - Bill Text download pdf

Comments