Bill Text: NY A02686 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends provisions relating to requirements for the safe storage of rifles, shotguns and firearms; requires sellers to provide notice of the duty to use gun locking devices and otherwise lock guns away from children and other persons not authorized to possess them.

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Introduced) 2019-03-04 - substituted by s2450a [A02686 Detail]

Download: New_York-2019-A02686-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 2450                                                  A. 2686
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    January 24, 2019
                                       ___________
        IN  SENATE  --  Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN, KAVANAGH,
          LIU, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SAVINO, SEPULVEDA, SERRA-
          NO, SKOUFIS, STAVISKY,  STEWART-COUSINS,  THOMAS  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Codes
        IN ASSEMBLY -- Introduced by M. of A. PAULIN, HEASTIE, LENTOL,  PEOPLES-
          STOKES,  ABINANTI,  ENGLEBRIGHT,  JAFFEE,  L. ROSENTHAL,  GALEF, COOK,
          ORTIZ,  CYMBROWITZ,  DINOWITZ,  WEPRIN,  FAHY,   BRAUNSTEIN,   MOSLEY,
          BUCHWALD,  STECK,  COLTON,  ROZIC,  SEAWRIGHT,  LAVINE, CRUZ, FRONTUS,
          GRIFFIN, JACOBSON, PICHARDO, REYES, SAYEGH, STERN  --  Multi-Sponsored
          by  --  M.  of A. ARROYO, AUBRY, CRESPO, DenDEKKER, GOTTFRIED, HEVESI,
          PERRY, RICHARDSON, SIMON, THIELE, 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 storage of firearms
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.45 of the penal law, as amended by section 3 of
     2  part  FF  of  chapter  57  of  the  laws  of 2013, is amended to read as
     3  follows:
     4  § 265.45 [Safe storage of] Failure to safely store rifles, shotguns, and
     5             firearms in the first degree.
     6    No person who owns or is custodian of a rifle, shotgun or firearm  who
     7  resides with an individual who is under sixteen years of age or who such
     8  person  knows  or  has  reason  to  know is prohibited from possessing a
     9  firearm pursuant to 18 U.S.C. § 922(g) (1), (4), (8) or (9) shall  store
    10  or  otherwise  leave  such  rifle,  shotgun or firearm out of his or her
    11  immediate possession or control without  having  first  securely  locked
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08626-02-9

        S. 2450                             2                            A. 2686
     1  such rifle, shotgun or firearm in an appropriate safe storage depository
     2  or  rendered  it incapable of being fired by use of a gun locking device
     3  appropriate to that weapon. For purposes of this section  "safe  storage
     4  depository"  shall  mean  a  safe  or other secure container which, when
     5  locked, is incapable of being opened without  the  key,  combination  or
     6  other  unlocking  mechanism and is capable of preventing an unauthorized
     7  person from obtaining access to and possession of the  weapon  contained
     8  therein.  With  respect  to a person who is prohibited from possessing a
     9  firearm pursuant to 18 USC § 922(g)(9), for purposes  of  this  section,
    10  this  section  applies only if such person has been convicted of a crime
    11  included in subdivision one of section 370.15 of the criminal  procedure
    12  law  and  such  gun is possessed within five years from the later of the
    13  date of conviction or completion of sentence. Nothing  in  this  section
    14  shall  be deemed to affect, impair or supersede any special or local act
    15  relating to the safe storage  of  rifles,  shotguns  or  firearms  which
    16  impose  additional  requirements on the owner or custodian of such weap-
    17  ons.
    18    [A violation of this section shall constitute] Failure to safely store
    19  rifles, shotguns, and firearms in the first degree is a class  A  misde-
    20  meanor.
    21    §  2.  The penal law is amended by adding a new section 265.50 to read
    22  as follows:
    23  § 265.50 Failure to safely store rifles, shotguns, and firearms  in  the
    24             second degree.
    25    No  person  who  owns  or  is custodian of a rifle, shotgun or firearm
    26  shall store or otherwise leave such rifle, shotgun or firearm out of his
    27  or her immediate possession or control  without  having  first  securely
    28  locked  such  rifle,  shotgun  or firearm in an appropriate safe storage
    29  depository or rendered it incapable of being fired by use of a gun lock-
    30  ing device appropriate to that weapon.  For  purposes  of  this  section
    31  "safe  storage  depository"  shall have the same meaning as such term is
    32  defined in section 265.45 of this article. Nothing in this section shall
    33  be deemed to affect, impair or supersede any special or local act relat-
    34  ing to the safe storage of rifles, shotguns  or  firearms  which  impose
    35  additional requirements on the owner or custodian of such weapons.
    36    Failure  to  safely store rifles, shotguns, and firearms in the second
    37  degree is a violation.
    38    § 3. Section 400.00 of the penal law is amended by adding a new subdi-
    39  vision 18 to read as follows:
    40    18. Notice. Upon the issuance of  a  license,  the  licensing  officer
    41  shall  issue  therewith  the following notice in conspicuous and legible
    42  twenty-four point type on eight and one-half  inches  by  eleven  inches
    43  paper stating in bold print the following:
    44    WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
    45  FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR  IN  A  SAFE
    46  STORAGE  DEPOSITORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
    47  CONTROL OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE
    48  STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAV-
    49  ING  FIREARMS  ACCESSIBLE  TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO
    50  IMPRISONMENT, FINE, OR BOTH.
    51    Nothing in this subdivision shall  be  deemed  to  affect,  impair  or
    52  supersede  any special or local law relating to providing notice regard-
    53  ing the safe storage of rifles, shotguns or firearms.
    54    § 4. Subdivision 2 of section 396-ee of the general business  law,  as
    55  added by chapter 189 of the laws of 2000, is amended to read as follows:

        S. 2450                             3                            A. 2686
     1    (2)  Every  person, firm or corporation engaged in the retail business
     2  of selling rifles, shotguns or firearms, as such terms  are  defined  in
     3  section  265.00 of the penal law, shall, in the place where such rifles,
     4  shotguns or firearms are displayed or transferred to the purchaser, post
     5  a  notice conspicuously stating in bold print that: ["The use of a lock-
     6  ing device or safety lock is only  one  aspect  of  responsible  firearm
     7  storage.    For  increased safety firearms should be stored unloaded and
     8  locked in a location that is both separate  from  their  ammunition  and
     9  inaccessible to children and any other unauthorized person."] "RESPONSI-
    10  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
    11  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSITORY  OR
    12  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
    13  OTHER  LAWFUL POSSESSOR.   FIREARMS SHOULD BE STORED UNLOADED AND LOCKED
    14  IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A
    15  CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE,  OR  BOTH."
    16  Nothing  in this subdivision shall be deemed to affect, impair or super-
    17  sede any special or local law relating to the posting of notice  regard-
    18  ing the safe storage of rifles, shotguns or firearms.
    19    §  5.  Severability. If any word, phrase, clause, sentence, paragraph,
    20  section, or part of this act shall be adjudged by any court of competent
    21  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    22  invalidate the remainder thereof, but shall be confined in its operation
    23  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    24  eof  directly  involved  in the controversy in which such judgment shall
    25  have been rendered.
    26    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    27  have become a law.
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