S T A T E O F N E W Y O R K
________________________________________________________________________
6360
2019-2020 Regular Sessions
I N S E N A T E
June 6, 2019
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to storage of firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.45 of the penal law, as amended by a chapter of
the laws of 2019, amending the penal law and the general business law
relating to storage of firearms, as proposed in legislative bill numbers
S. 2450-A and A. 2686-A, is amended to read as follows:
§ 265.45 Failure to safely store rifles, shotguns, and firearms in the
first degree.
No person who owns or is custodian of a rifle, shotgun or firearm who
resides with an individual who: (i) is under sixteen years of age; (ii)
such person knows or has reason to know is prohibited from possessing a
rifle, shotgun or firearm pursuant to a temporary or final extreme risk
protection order issued under article sixty-three-A of the civil prac-
tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii)
such person knows or has reason to know is prohibited from possessing a
rifle, shotgun or firearm based on a conviction for a felony or a seri-
ous offense, shall store or otherwise leave such rifle, shotgun or
firearm out of his or her immediate possession or control without having
first securely locked such rifle, shotgun or 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. For purposes of this
section "safe storage depository" shall mean a safe or other secure
container which, when locked, is incapable of being opened without the
key, combination or other unlocking mechanism and is capable of prevent-
ing an unauthorized person from obtaining access to and possession of
the weapon contained therein. Nothing in this section shall be deemed
to affect, impair or supersede any special or local act relating to the
safe storage of rifles, shotguns or firearms which impose additional
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08626-09-9
S. 6360 2
requirements on the owner or custodian of such weapons. [The possession
of a rifle or shotgun by a person less than sixteen years of age who is
the holder of a hunting license or permit issued pursuant to article
eleven of the environmental conservation law when used in accordance
with such law shall not be governed by this section.]
IT SHALL NOT BE A VIOLATION OF THIS SECTION TO ALLOW A PERSON LESS
THAN SIXTEEN YEARS OF AGE ACCESS TO: (I) A FIREARM, RIFLE OR SHOTGUN FOR
LAWFUL USE AS AUTHORIZED UNDER PARAGRAPH SEVEN OR SEVEN-E OF SUBDIVISION
A OF SECTION 265.20 OF THIS ARTICLE, OR (II) A RIFLE OR SHOTGUN FOR
LAWFUL USE AS AUTHORIZED BY ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSER-
VATION LAW WHEN SUCH PERSON LESS THAN SIXTEEN YEARS OF AGE IS THE HOLDER
OF A HUNTING LICENSE OR PERMIT AND SUCH RIFLE OR SHOTGUN IS USED IN
ACCORDANCE WITH SUCH LAW.
Failure to safely store rifles, shotguns, and firearms in the first
degree is a class A misdemeanor.
§ 2. Section 265.50 of the the penal law, as added by a chapter of the
laws of 2019, amending the penal law and the general business law relat-
ing to storage of firearms, as proposed in legislative bill numbers S.
2450-A and A. 2686-A, is amended to read as follows:
§ 265.50 Failure to safely store rifles, shotguns, and firearms in the
second degree.
No person who owns or is custodian of a rifle, shotgun or firearm and
knows, or has reason to know, that a person less than sixteen years of
age is likely to gain access to such rifle, shotgun or firearm shall
store or otherwise leave such rifle, shotgun or firearm out of his or
her immediate possession or control without having first securely locked
such rifle, shotgun or 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. For purposes of this section "safe storage
depository" shall have the same meaning as such term is defined in
section 265.45 of this article. Nothing in this section shall be deemed
to affect, impair or supersede any special or local act relating to the
safe storage of rifles, shotguns or firearms which impose additional
requirements on the owner or custodian of such weapons. [The possession
of a rifle or shotgun by a person less than sixteen years of age who is
the holder of a hunting license or permit issued pursuant to article
eleven of the environmental conservation law when used in accordance
with such law shall not be governed by this section.]
IT SHALL NOT BE A VIOLATION OF THIS SECTION TO ALLOW A PERSON LESS
THAN SIXTEEN YEARS OF AGE ACCESS TO: (I) A FIREARM, RIFLE OR SHOTGUN FOR
LAWFUL USE AS AUTHORIZED UNDER PARAGRAPH SEVEN OR SEVEN-E OF SUBDIVISION
A OF SECTION 265.20 OF THIS ARTICLE, OR (II) A RIFLE OR SHOTGUN FOR
LAWFUL USE AS AUTHORIZED BY ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSER-
VATION LAW WHEN SUCH PERSON LESS THAN SIXTEEN YEARS OF AGE IS THE HOLDER
OF A HUNTING LICENSE OR PERMIT AND SUCH RIFLE OR SHOTGUN IS USED IN
ACCORDANCE WITH SUCH LAW.
Failure to safely store rifles, shotguns, and firearms in the second
degree is a violation punishable only by a fine of not more than two
hundred fifty dollars.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2019, amending the penal law and the
general business law relating to storage of firearms, as proposed in
legislative bill numbers S. 2450-A and A. 2686-A, takes effect.
