NY State Senate Bill 2023-S2446

Senate Bill S2446

2023-2024 Legislative Session

Establishes the crime of unlawful storage of a firearm leading to use in the commission of a crime

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Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 20, 2023	referred to codes

co-Sponsors

2023-S2446 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.46, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S8164

2023-S2446 (ACTIVE) - Summary

Establishes the crime of unlawful storage of a firearm leading to use in the commission of a crime which is a class E felony.

2023-S2446 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2446

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
unlawful storage of a firearm leading to use in the commission of a
crime

 
PURPOSE:

This legislation would make it a class E Felony when a person fails to
safely store their rifle, shotgun or firearm as required pursuant to New
York's Safe Storage Law when the weapon is used in the commission of a
crime by another individual which reasonably would have been prevented
if the weapon had been stored in accordance with the Safe Storage Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Penal Law section to make it a class E Felony when
a person fails to safely store their rifle, shotgun or firearm as
required pursuant to section 265.45 of the Penal law, if the weapon is

used in the commission of a crime by another individual which reasonably
would have been prevented if the weapon had been stored in accordance
with the Safe Storage Law.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2019 it became law to require the safe storage of a rifle, shotgun or
firearm. This critical law is aimed at ensuring that gun owners properly
store these weapons in certain enumerated instances.  Violation of this
section is Class A Misdemeanor. This legislation seeks to make it a
class E Felony when an individual who is required to safely store their
weapon under Section 265.45, fails to do so, and that weapon is used in
the commission of a crime that reasonably would have been prevented if
the gun owner had taken the lawful safe storage steps.

 
PRIOR LEGISLATIVE HISTORY:

2022: S8164 - Committed to Rules

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2446 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2446
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by Sens. GOUNARDES, KRUEGER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   unlawful  storage  of  a firearm leading to use in the commission of a
   crime

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 265.46 to
 read as follows:
 § 265.46 UNLAWFUL STORAGE OF A FIREARM LEADING TO USE IN THE  COMMISSION
            OF A CRIME.
   A  PERSON IS GUILTY OF UNLAWFUL STORAGE OF A FIREARM LEADING TO USE IN
 THE COMMISSION OF A CRIME WHEN A PERSON FAILS TO SAFELY STORE  A  RIFLE,
 SHOTGUN  OR FIREARM AS REQUIRED PURSUANT TO SECTION 265.45 OF THIS ARTI-
 CLE, AND SUCH RIFLE, SHOTGUN OR FIREARM IS USED IN THE COMMISSION  OF  A
 CRIME  BY  ANOTHER INDIVIDUAL WHICH REASONABLY WOULD HAVE BEEN PREVENTED
 IF SUCH RIFLE, SHOTGUN OR FIREARM WAS STORED IN ACCORDANCE WITH  SECTION
 265.45 OF THIS ARTICLE.
   UNLAWFUL  STORAGE  OF  A FIREARM LEADING TO USE IN THE COMMISSION OF A
 CRIME IS A CLASS E FELONY.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05716-01-3

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Senate Bill S2446

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Sponsored By

Andrew Gounardes