Bill Text: NY A00381 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires the safe storage of all guns, either in a safe or with a locking device, and provides penalties for simple and complex violations (removal from premises, injury or death results); requires notices to be furnished upon transfer of guns and issuance/renewal of licenses; defines guns as weapons in the form of rifles, shotguns, and firearms; enacts the "safe gun storage act"; does not preempt local laws no less restrictive or stringent.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2011-01-05 - referred to codes [A00381 Detail]
Download: New_York-2009-A00381-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
381
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, COOK, CYMBROWITZ, DINOWITZ, GALEF,
JACOBS, ORTIZ, ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by -- M. of
A. AUBRY, BRENNAN, CLARK, GOTTFRIED, HOOPER, MAYERSOHN, MILLMAN,
PERRY, PHEFFER, SCARBOROUGH, WRIGHT -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to safe weapon storage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title; construction. 1. This act shall be known and
2 may be cited as the "safe weapon storage act".
3 2. The provisions of this act shall not be construed to preempt or
4 supersede any local law the provisions of which are no less stringent or
5 restrictive than the provisions of this act.
6 S 2. Legislative findings. The legislature hereby finds the following:
7 The presence of unsecured, easily accessible, weapons in homes and
8 other places increases the likelihood of death or injury from accidents
9 and impulsive acts. Guns left unattended must be kept locked or stored
10 securely to prevent access by children and others who should not have
11 access to them. Gun owners and other lawful possessors are responsible
12 for keeping their weapons from falling into the hands of children and
13 other unauthorized individuals.
14 S 3. The penal law is amended by adding nine new sections 265.50,
15 265.51, 265.52, 265.53, 265.55, 265.56, 265.57, 265.58 and 265.59 to
16 read as follows:
17 S 265.50 DEFINITIONS; SAFE WEAPON STORAGE.
18 AS USED IN SECTIONS 265.51 THROUGH 265.59 OF THIS ARTICLE, THE FOLLOW-
19 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
20 1. "PERSON" INCLUDES A NATURAL PERSON, CORPORATION, PARTNERSHIP,
21 LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00322-01-1
A. 381 2
1 2. "SAFE STORAGE DEPOSITORY" MEANS A SAFE OR OTHER SECURE CONTAINER
2 WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
3 NATION, OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF PREVENTING AN
4 UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
5 ON CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP AND
6 PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR
7 THE MINIMUM STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
8 TIVE SAFE STORAGE DEPOSITORY.
9 3. "SAFETY LOCKING DEVICE" MEANS A DESIGN ADAPTATION, ATTACHED ACCES-
10 SORY, OR DEVICE INSTALLED THAT, WHEN ACTIVATED, ATTACHED, OR INSTALLED,
11 PREVENTS THE DISCHARGE OR FIRING OF THE WEAPON. THE DIVISION OF STATE
12 POLICE SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING FORTH
13 THE SPECIFIC DEVICES OR THE MINIMUM STANDARDS AND CRITERIA THEREFOR
14 WHICH CONSTITUTE AN EFFECTIVE GUN LOCKING DEVICE.
15 4. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", OR "MACHINE GUN".
16 S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
17 THE PROVISIONS OF SECTION 265.52 SHALL NOT APPLY TO ANY DULY LICENSED
18 MANUFACTURER OF WEAPONS.
19 S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
20 A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND
21 DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
22 POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
23 OR HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY
24 LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
25 IT INCAPABLE OF BEING FIRED BY THE USE OF A SAFETY LOCKING DEVICE APPRO-
26 PRIATE TO THAT WEAPON.
27 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
28 S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
29 A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
30 DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON
31 SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND HAS BEEN
32 PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY
33 IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 WITHIN THE PRECEDING
34 TEN YEARS.
35 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A CLASS A
36 MISDEMEANOR.
37 S 265.55 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND
38 DEGREE.
39 A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
40 THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
41 A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND
42 SUCH WEAPON IS REMOVED BY ANY OTHER PERSON FROM THE PREMISES WHERE IT
43 WAS STORED UNSAFELY.
44 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A
45 CLASS A MISDEMEANOR.
46 S 265.56 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
47 DEGREE.
48 A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
49 THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
50 A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND
51 SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR INDIRECTLY, PHYS-
52 ICAL INJURY, SERIOUS PHYSICAL INJURY, OR DEATH TO ANY OTHER PERSON.
53 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A
54 CLASS E FELONY.
55 S 265.57 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
56 DEGREE; APPLICATION.
A. 381 3
1 IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 IS THE PARENT
2 OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS THE RESULT OF SUCH
3 VIOLATION, THE DISTRICT ATTORNEY SHALL CONSIDER, AMONG OTHER FACTORS,
4 THE IMPACT OF THE INJURY OR DEATH ON THE PERSON WHO IS SUSPECTED OF
5 VIOLATING SECTION 265.56 WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH
6 PERSON FOR SUCH CRIME.
7 A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
8 OF A VIOLATION OF SECTION 265.56 SHALL BE PROSECUTED ONLY IN THOSE
9 INSTANCES IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A RECKLESS MANNER.
10 S 265.58 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
11 NO PERSON SHALL SELL, DELIVER, OR TRANSFER ANY WEAPON TO ANOTHER
12 PERSON UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE, DELIVERY,
13 OR TRANSFER WITH:
14 1. A SAFETY LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTIC-
15 ULAR WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
16 2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE TWENTY-
17 FOUR POINT TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
18 STATING IN BOLD PRINT THE FOLLOWING WARNING:
19 WARNING
20 RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
21 EITHER BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE
22 DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
23 OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED
24 UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING
25 FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO
26 IMPRISONMENT, FINE, OR BOTH.
27 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
28 S 265.59 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
29 A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE
30 WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE
31 SECOND DEGREE AS DEFINED IN SECTION 265.58 AND HAS BEEN PREVIOUSLY
32 CONVICTED OF THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE SECOND
33 DEGREE AS DEFINED IN SECTION 265.58 WITHIN THE PRECEDING TEN YEARS.
34 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS B MISDEMEA-
35 NOR.
36 S 4. Section 400.00 of the penal law is amended by adding a new subdi-
37 vision 18 to read as follows:
38 18. UPON THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING OFFICER
39 SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN CONSPICUOUS AND LEGIBLE
40 TWENTY-FOUR POINT TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
41 PAPER STATING IN BOLD PRINT THE FOLLOWING:
42 WARNING
43 RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
44 EITHER BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE
45 DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
46 OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED
47 UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING
48 FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSONS MAY SUBJECT YOU
49 TO IMPRISONMENT, FINE, OR BOTH.
50 S 5. Subdivision 2 of section 396-ee of the general business law, as
51 added by chapter 189 of the laws of 2000, is amended to read as follows:
52 (2) Every person, firm or corporation engaged in the retail business
53 of selling rifles, shotguns or firearms, as such terms are defined in
54 section 265.00 of the penal law, shall, in the place where such rifles,
55 shotguns or firearms are displayed or transferred to the purchaser, post
56 a notice conspicuously stating in bold print that: ["The use of a lock-
A. 381 4
1 ing device or safety lock is only one aspect of responsible firearm
2 storage. For increased safety firearms should be stored unloaded and
3 locked in a location that is both separate from their ammunition and
4 inaccessible to children and any other unauthorized person."] "RESPONSI-
5 BLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER
6 BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY
7 OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER
8 OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
9 LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
10 BLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT,
11 FINE, OR BOTH."
12 S 6. If any word, phrase, clause, sentence, paragraph, section, or
13 part of this act shall be adjudged by any court of competent jurisdic-
14 tion to be invalid, such judgment shall not affect, impair, or invali-
15 date the remainder thereof, but shall be confined in its operation to
16 the words, phrase, clause, sentence, paragraph, section, or part thereof
17 directly involved in the controversy in which such judgment shall have
18 been rendered.
19 S 7. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
