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A00053 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          53--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced by M. of A. PAULIN, ABINANTI, ENGLEBRIGHT, JAFFEE, ROSENTHAL,
          GALEF,  COOK, ORTIZ, CYMBROWITZ, DINOWITZ, MAYER, SCARBOROUGH, WEPRIN,
          FAHY, BROOK-KRASNY, BRAUNSTEIN, MOSLEY, BUCHWALD, SCHIMEL,  SEPULVEDA,
          KAVANAGH,  KAMINSKY  --  Multi-Sponsored by -- M. of A. ARROYO, AUBRY,
          BRENNAN, CLARK, GOTTFRIED, HOOPER, PERRY,  SIMON,  THIELE,  WRIGHT  --
          read  once  and  referred  to  the  Committee  on  Codes  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the penal law, the general business law and the environ-
          mental conservation law, in relation to the safe  storage  of  rifles,
          shotguns,  or  firearms; and to repeal certain provisions of the penal
          law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. 1. Short title. This act shall be known and may be cited as
     2  "Nicholas's law".
     3    2. Legislative findings. The legislature hereby finds the following:
     4    a.  The presence of unsecured, easily accessible, weapons in homes and
     5  other places increases the likelihood of death or injury from  accidents
     6  and impulsive acts;
     7    b.  Guns  left  unattended  must  be kept locked or stored securely to
     8  prevent access by children and others who  should  not  have  access  to
     9  them; and
    10    c.  Gun owners and other lawful possessors are responsible for keeping
    11  their weapons from falling into the hands of children  and  other  unau-
    12  thorized individuals.
    13    §  2.  The penal law is amended by adding a new section 265.44 to read
    14  as follows:
    15  § 265.44 Definition.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00543-02-5

        A. 53--A                            2
 
     1    For purposes of sections 265.45, 265.46, and 265.47 of  this  article,
     2  "safe  storage  depository"  shall mean a safe or other secure container
     3  which, when locked, is incapable of being opened without the key, combi-
     4  nation or other unlocking mechanism  and  is  capable  of  preventing  a
     5  person other than the owner or custodian access to and possession of the
     6  weapon contained therein.
     7    §  3.  Section  265.45  of  the  penal  law  is REPEALED and three new
     8  sections 265.45, 265.46 and 265.47 are added to read as follows:
     9  § 265.45 Failure to safely store a rifle, shotgun,  firearm  or  antique
    10             firearm.
    11    A  person  is  guilty  of  failure  to  safely store a rifle, shotgun,
    12  firearm or antique firearm when he or she  owns  or  has  custody  of  a
    13  rifle,  shotgun, firearm or antique firearm and leaves such rifle, shot-
    14  gun, firearm or antique firearm out of his or her  immediate  possession
    15  or  control  without  having  first securely locked such rifle, shotgun,
    16  firearm or antique firearm in an appropriate safe storage depository  or
    17  rendered  it  incapable  of  being  fired by use of a gun locking device
    18  appropriate to that weapon; provided, however, that actual possession of
    19  a rifle, shotgun, firearm or antique firearm by the holder  of  a  valid
    20  New  York hunting license or permit issued pursuant to article eleven of
    21  the environmental conservation law and contemporaneously used in accord-
    22  ance with such law shall not be governed by this section.
    23    Nothing in this section shall be deemed to affect, impair or supersede
    24  any special or local law relating to the safe storage of  rifles,  shot-
    25  guns, firearms or antique firearms which imposes additional requirements
    26  on the owner or custodian of such weapons.
    27    Failure  to  safely store a rifle, shotgun, firearm or antique firearm
    28  is a violation.
    29  § 265.46 Failure to safely store a rifle, shotgun,  firearm  or  antique
    30             firearm in the second degree.
    31    A  person  is  guilty  of  failure  to  safely store a rifle, shotgun,
    32  firearm or antique firearm in the second degree when he or  she  commits
    33  the  crime  of  failure  to  safely  store  a rifle, shotgun, firearm or
    34  antique firearm as defined in section 265.45 of this article and:
    35    1. at the time of the commission of such crime, he or she resides with
    36  another individual who such person  knows  or  has  reason  to  know  is
    37  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1),
    38  (4), (8) or (9); or
    39    2. he or she has been previously convicted of failure to safely  store
    40  a  rifle,  shotgun, firearm or antique firearm within the past ten years
    41  under this section, or section 265.45 or 265.47 of this article.
    42    Nothing in this section shall be deemed to affect, impair or supersede
    43  any special or local law relating to the safe storage of  rifles,  shot-
    44  guns,  firearms  or  antique firearms, which imposes additional require-
    45  ments on the owner or custodian of such weapons.
    46    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
    47  in the second degree is a class A misdemeanor.
    48  § 265.47 Failure  to  safely  store a rifle, shotgun, firearm or antique
    49             firearm in the first degree.
    50    A person is guilty of  failure  to  safely  store  a  rifle,  shotgun,
    51  firearm  or  antique  firearm in the first degree when he or she commits
    52  the offense of failure to safely store  a  rifle,  shotgun,  firearm  or
    53  antique  firearm  as  defined in section 265.45 of this article and as a
    54  result of such failure to safely store such rifle, shotgun,  firearm  or
    55  antique  firearm  is  obtained  by an unauthorized person and discharges
    56  causing physical injury to any other person.

        A. 53--A                            3
 
     1    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
     2  in the first degree is a class E felony.
     3    §  4.  The  penal  law is amended by adding three new sections 265.49,
     4  265.51 and 265.53 to read as follows:
     5  § 265.49 Failure to provide notice in the second degree.
     6    No person shall sell or transfer  ownership  of  any  rifle,  shotgun,
     7  firearm,  or  antique firearm to another person unless the transferee is
     8  provided at the time of sale, delivery, or transfer with:
     9    1. A gun locking device that is capable of preventing that  particular
    10  weapon from firing or a safe storage depository; and
    11    2.  A copy of the following warning in conspicuous and legible twenty-
    12  four point type on eight and one-half  inches  by  eleven  inches  paper
    13  stating in bold print the following warning:
    14                                   WARNING
    15  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
    16  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
    17  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
    18  OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED  AND
    19  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    20  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    21  BOTH.
    22    Failure to provide notice in the second degree is a violation.
    23  § 265.51 Failure to provide notice in the first degree.
    24    A  person  is  guilty of failure to provide notice in the first degree
    25  when he or she commits the offense of failure to provide notice  in  the
    26  second  degree as defined in section 265.49 of this article and has been
    27  previously convicted of failure to provide notice under this section  or
    28  section 265.49 of this article within the preceding ten years.
    29    Failure  to  provide notice in the first degree is a class B misdemea-
    30  nor.
    31  § 265.53 Reporting of certain firearm convictions.
    32    When a person has a prior conviction for failure  to  safely  store  a
    33  rifle, shotgun, firearm or antique firearm in the second degree or fail-
    34  ure  to safely store a rifle, shotgun, firearm or antique firearm in the
    35  first degree, upon a second or  subsequent  conviction  of  either  such
    36  offense,  the  district  attorney  or  other  prosecuting  authority who
    37  obtained such conviction shall provide notice of such conviction to both
    38  the division of state police and, if such person possesses  a  New  York
    39  state  issued  handgun  license,  the  pertinent  licensing  officer who
    40  currently exercises legal authority over  such  person's  license.  Such
    41  notice  shall  include  the  offense  for  which  the defendant has been
    42  convicted, the name and address of such offender and  other  identifying
    43  information,  including the offender's date of birth and social security
    44  number, to the extent consistent with federal and state  laws  governing
    45  personal  privacy  and  confidentiality  of  information.  Such district
    46  attorney or other prosecuting authority shall include in such notice the
    47  name and business address of the offender's counsel  of  record  in  the
    48  criminal proceeding. Such notice must be filed not more than thirty days
    49  after judgment has been entered.
    50    § 5. Section 400.00 of the penal law is amended by adding a new subdi-
    51  vision 18 to read as follows:
    52    18.  Notice.  Upon the issuance or renewal of a license, the licensing
    53  officer shall issue therewith the following notice  in  conspicuous  and
    54  legible  twenty-four  point  type on eight and one-half inches by eleven
    55  inches paper stating in bold print the following:
    56                                   WARNING

        A. 53--A                            4
 
     1  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
     2  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
     3  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
     4  OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
     5  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
     6  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
     7  BOTH.
     8    §  6.  Subdivision 2 of section 396-ee of the general business law, as
     9  added by chapter 189 of the laws of 2000, is amended to read as follows:
    10    (2) Every person, firm or corporation engaged in the  retail  business
    11  of  selling rifles, shotguns [or], firearms or antique firearms, as such
    12  terms are defined in section 265.00 of the  penal  law,  shall,  in  the
    13  place where such rifles, shotguns [or], firearms or antique firearms are
    14  displayed  or  transferred to the purchaser, post a notice conspicuously
    15  stating in bold print that: ["The use of a locking device or safety lock
    16  is only one aspect of responsible firearm storage.  For increased safety
    17  firearms should be stored unloaded and locked in a location that is both
    18  separate from their ammunition and  inaccessible  to  children  and  any
    19  other  unauthorized  person."]"RESPONSIBLE FIREARM STORAGE IS THE LAW IN
    20  NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE
    21  OR IN A SAFE STORAGE DEPOSITORY OR NOT BE  LEFT  OUTSIDE  THE  IMMEDIATE
    22  POSSESSION  AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS
    23  SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNI-
    24  TION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PERSON MAY SUBJECT
    25  YOU TO IMPRISONMENT, FINE, OR BOTH."
    26    § 7. Section 11-0713 of the environmental conservation law is  amended
    27  by adding a new subdivision 7 to read as follows:
    28    7. Upon the issuance of a hunting license or muzzle-loading privilege,
    29  the  issuing  officer  shall  issue  therewith  the  following notice in
    30  conspicuous and legible type stating the following:
    31                                   WARNING
    32  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
    33  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
    34  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
    35  OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
    36  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    37  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    38  BOTH.
    39    § 8. Severability. If any word, phrase, clause,  sentence,  paragraph,
    40  section, or part of this act shall be adjudged by any court of competent
    41  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    42  invalidate the remainder thereof, but shall be confined in its operation
    43  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    44  eof directly involved in the controversy in which  such  judgment  shall
    45  have been rendered.
    46    § 9. This act shall take effect on the first of November next succeed-
    47  ing the date on which it shall have become a law.
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