S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5380
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2023
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- 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 36, 37, 38, 39 and 40 to read as follows:
   36. "WEAPON" MEANS A "RIFLE", "SHOTGUN" OR "FIREARM".
   37.  "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.
   38.  "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.
                                                            LBD09663-01-3
              

 A. 5380                             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.
   39. "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.
   40.  "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 265.67,
 265.68, 265.69, 265.70, 265.71 and 265.72 to read as follows:
 § 265.67 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.
 § 265.68 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 265.67 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 265.67 OF  THIS
 ARTICLE WITHIN THE PRECEDING FIVE YEARS.
   FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS B
 MISDEMEANOR.
 § 265.69 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 265.67  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.
 § 265.70 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. 5380                             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.
 § 265.71 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.
 § 265.72 CRIMINALLY NEGLIGENT STORAGE OF  A  WEAPON  IN  THE  FIRST  AND
            SECOND DEGREE; APPLICATION.
   IF  A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.70 OR 265.71 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 265.70 OR 265.71 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, the section heading as added by chapter 189 of the
 laws of 2000 and subdivision 2 as amended by chapter 135 of the laws  of
 2019, 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: "RESPONSIBLE  FIREARM
 A. 5380                             4
 
 STORAGE IS THE LAW IN NEW YORK STATE. RIFLES, SHOTGUNS AND FIREARMS MUST
 EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
 TORY OR A LOCKED BOX OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
 CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
 HOME  OR  IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON
 PROHIBITED FROM POSSESSING A RIFLE, SHOTGUN OR FIREARM  UNDER  STATE  OR
 FEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND
 LOCKED  IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES, SHOTGUNS
 OR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT
 YOU TO  IMPRISONMENT,  FINE,  OR  BOTH.  LEAVING  RIFLES,  SHOTGUNS  AND
 FIREARMS  ACCESSIBLE  TO A PERSON UNDER EIGHTEEN YEARS OF AGE IS A CRIME
 IN NEW YORK STATE." Nothing in  this  subdivision  shall  be  deemed  to
 affect,  impair  or  supersede  any special or local law relating to the
 posting of notice regarding the safe  storage  of  rifles,  shotguns  or
 firearms.
   §  6.  Section  305  of  the  education law is amended by adding a new
 subdivision 57 to read as follows:
   57. 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-SEVEN.
   §  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,  2026;
 provided, further, that section five of this act shall take effect March
 1,  2026. Effective immediately the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.