Add SS265.50 - 265.59, amd S400.00, Pen L; amd S396-ee, Gen Bus L
Enacts "Nicholas' law"; requires the safe storage of all weapons, 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 weapons and issuance/renewal of licenses; defines weapons to mean rifles, shotguns, and firearms; does not preempt local laws no less restrictive or stringent.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8293A
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the penal law and the general business
law, in relation to safe weapon storage
PURPOSE:
To provide regulations for safe storage of firearms in order to prevent
injury and death, particularly of children, by unintentional access,
discharge and use of weapons.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The act shall be known as "Nicholas's law."
Section 2: Recites the legislative findings.
Section 3: Ten new sections amending the penal law to include:
§ 265.50 defines "safe storage depository" and "weapon";
§ 255.51 excludes any duly licensed manufacturer of weapons from
§265.52;
§ 265.52 defines failure to store a weapon safely in the second degree
as storing or leaving a weapon out of one's immediate possession or
control without having first securely locked such weapon in a safe stor-
age depository or rendered it incapable of being fired by using an
appropriate gun locking device; failure to store a weapon safely in the
second degree is a violation;
§255.53 defines failure to store a weapon safely in the first degree as
committing the offense of failure to store a weapon safely in the second
degree and the person has been previously convicted of failure to store
a weapon safely in the second degree within the preceding 10 years;
failure to store a weapon safely in the first degree is a class A misde-
meanor;
§ 265.54 defines aggravated failure to store a weapon safely in the
second degree as committing the offense of failure to store a weapon
safely in the second degree and the weapon is removed by any other
person from the premises where it was stored unsafely; aggravated fail-
ure to store a weapon safely in the second degree is a class A misdemea-
nor;
§ 265.55 defines aggravated failure to store a weapon safely in the
first degree as committing the offense of failure to store a weapon
safely in the second degree and the weapon discharges and thereby caus-
es, directly or indirectly, physical injury, serious physical injury, or
death to any other person; aggravated failure to store a weapon safely
in the first degree is a class E felony;
§ 265.56 requires the district attorney, when deciding whether or not to
prosecute a parent or guardian of a child who is injured or who dies as
the result of a violation of § 265.55, to consider, among other factors,
the impact of the injury or death on such parent or guardian, and
further provides that a parent or guardian of a child who is injured or
who dies as the result of a violation of § 265.55 shall be prosecuted
only in those instances in which the parent or guardian behaved in a
reckless manner;
§ 265.57 defines failure to provide notice in the second degree as the
failure, in the sale, delivery or transfer of any weapon to another
person, to provide the transferee at the time of sale, delivery or
transfer, with a safety locking device that is capable of preventing the
weapon from firing or a safe storage depository and a copy of the warn-
ing set forth in the section in conspicuous and legible type; failure to
provide notice in the second degree is a violation;
§ 265.58 defines failure to provide notice in the first degree as
committing the offense of failure to provide notice in the second degree
to provide notice in the second degree and the person has been previous-
ly convicted of the offense of failure to provide notice in the second
degree within the preceding ten years; failure to provide notice in the
first degree is a class /3 misdemeanor;
§ 265.59 provides that whenever (i) a person is convicted of failure to
store a weapon safely in the second degree under section 265.52 or
aggravated failure to store a weapon safely in the second degree under
section 265.54, and has a prior conviction of failure to store a weapon
safely in the second degree under section 265.52 or aggravated failure
to store a weapon safely in the second degree under section 265.54, or
(ii) a person is convicted of failure to store a weapon safely in the
first degree under section 265.53 or aggravated failure to store a weap-
on safely in the first degree under section 265.55, the court shall
revoke any existing license possessed by such person, order such person
ineligible for such a license, and order the immediate surrender of any
or all firearms owned or possessed, or suspend or continue to suspend
any such existing license possessed by such person, order such person
ineligible for such a license, and order the immediate surrender of any
or all firearms owned or possessed by such person. This section further
provides that whenever a person is convicted as provided in this
section, the court shall require the respondent to inform the court of
all firearms he or she owns or possesses. Such person shall have the
right to a hearing regarding any revocation, suspension, ineligibility
or surrender order issued pursuant to this section. In addition, if the
court issues a revocation, suspension, ineligibility or surrender order,
the court shall immediately notify the local police authorities and the
division of state police in Albany.
Section 4: New subdivision 18 is added to § 400.00 of the penal law to
require the licensing officer to issue a notice set forth in the subdi-
vision in conspicuous and legible type upon the issuance or renewal of a
license.
Section 5: Subdivision 2 of § 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to provide the text
of the notice that every person, firm or corporation engaged in the
retail business of selling rifles, shotguns or firearms must post
conspicuously in bold print in the place where such rifles, shotguns or
firearms are displayed or transferred to a purchaser.
Section 6: Provides for severability if a word, phrase, clause,
sentence, paragraph, section, or part of this act shall be adjudged by a
court of competent jurisdiction to be invalid.
Section 7: Provides the effective date.
JUSTIFICATION:
In 2001, legislation was passed to require the purchase of a safety
locking device with the purchase or transfer of a firearm. In 2013, the
SAFE Act was enacted, which included a provision that requires safe
storage of a firearms however, that provision applies only to a person
who owns or is custodian of a rifle, shotgun or firearm who resides with
an individual who such person knows or has reason to know is prohibited
from possessing a firearm under specific provisions of federal law. And
the SAFE Act does not provide for the safe storage of firearms in homes
when and where children are present. This legislation would provide for
criminal penalties for any person who stores or otherwise leaves a weap-
on out of his or her immediate possession or control without having
first securely locked such weapon in an appropriate safe storage deposi-
tory or rendered it incapable of being fired by using an appropriate gun
locking device.
In 2010, firearms killed 1,011 New Yorkers. Of these, 527 deaths were
homicides (52W), 459 were suicides (45%), and 13 were unintentional
(1.Mi). Safe storage is one way to help reduce the firearm death and
injury rate in New York State.
Safe storage may reduce theft and use of firearms in crime. It is esti-
mated that each year in the United States, half a million firearms are
stolen.
Safe storage is particularly important in keeping firearms out of the
hands of children and young people. A 2005 study of adult firearm stor-
age practices found that almost 2 million children under age 18 live in
homes with easily accessible loaded and/or unlocked guns. 116 Pediatrics
e3701-372 (Sept. 2005). We have learned that poorly stored guns increase
the risk of accidental gun deaths. Reducing Gun Violence in America:
Informing Policy with Evidence and Analysis, Webster OW, Vernick JS, ed.
2013, p. 13. Moreover, studies have shown that keeping firearms locked
and unloaded reduced unintentional injury in homes with children and
teens. 293 JANA 707, 711-713
(2005). Each year in New York State, on average 210 children ages 19
years and younger are treated at a hospital because of an unintentional
firearm injury, and 75 are injured severely enough to be hospitalized.
Two children in this age group are killed each year in an unintentional
firearm incident. A gun kept in the home is 43 times more likely to be
used to kill someone who the family knows than to kill someone in self-
defense.
(http://www.health.ny.gov/prevention/injury_prevention/children/fact_
sheets/birth-19_years/firearm_injuries_birth-19_years.htm)
This bill is named for 12-year old Nicholas Naumkin, who was shot in the
head by his 12-year-old friend at his friend's home in Wilton, New York.
His friend was playing with his father's gun when he shot Nicholas.
Nicholas died the following day, on December 23, 2010. A middle school
student in Saratoga Springs, Nicholas was a talented young man with a
passion for acting, drawing and computer animation.
In 2011, in New York, 389 children under the age of 18 were hospitalized
with a nonfatal gun injury. Of these injuries, 314 were due to an
assault and 60 were accidental (National Inpatient Sample, 2011). In
2010, according to the Centers for Disease Control (WISQARS), 116 chil-
dren under the age of 19 were killed by guns in New York - 93 were homi-
cides, 13 were suicides and ten were undetermined.
Child Access Prevention (CAP) laws, which include provisions similar to
those contained in this legislation, have been associated with lower
rates of unintentional gun deaths among children. Regulating Guns in
America: An Evaluation and Comparative Analysis of Federal, State and
Selected Local Gun Laws, p. 233, published by Legal Community Against
Violence, 2008. Currently, 27 states and the District of Columbia have
enacted CAP laws, including California, Connecticut, Florida, Illinois,
Massachusetts, New Jersey, Texas and Virginia. Studies have found CAP
laws to be effective in reducing accidental shootings of children by as
much as 23%.
Preventing children from obtaining access to firearms by requiring safe
storage will enable us to prevent child accidents, suicides and school
incidents. First, safe storage can prevent those tragic, accidents where
a child finds a loaded firearm and accidentally shoots another child.
Safe storage can also reduce suicides, particularly by teems who may
reach for an available firearm in a moment of distress. Studies indicate
mere presence of an available firearm the house increases teen suicide.
Many of these firearms came from homes where they were unlocked. A 1998
report issued by the State Department of Health indicated that a
substantial number of firearm owners in New York State do not properly
secure their firearms. The report, Firearm Ownership and Safe Storage in
New York State, concluded 38%. reported some form of unsafe storage,
where unsafe storage is defined as either failing to lock all firearms
or to secure ammunition separately in a locked place.
The intent of this legislation is to encourage safe firearm storage
before incidents occur, as in the tragic accident with Nicholas Naumkin.
Although we have been a leader in enacting strong gun safety laws, we do
not have CAP and safe storage laws critical to prevent gun accidents.
Safe storage laws save lives.
PRIOR LEGISLATIVE HISTORY:
Similar to A.3221, 2013 referred to codes. Same as S.1804, 2013 referred
to codes. Similar to A.381, 2011 and 2012 referred to codes. Same as
S.4538, 2011 and 2012 referred to codes. A.1094, 2009 and 2010 referred
to codes. A.7303, 2007 and 2008 referred to codes. Same as S.7475, 2008
referred to codes. A2063, 2005 and 2006 referred to codes. A.4555, 2004
referred to codes.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have becomes a law.
