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A02686 Summary:

BILL NOA02686A
 
SAME ASSAME AS UNI. S02450-A
 
SPONSORPaulin (MS)
 
COSPNSRHeastie, Lentol, Peoples-Stokes, Abinanti, Englebright, Jaffee, Rosenthal L, Galef, Cook, Ortiz, Cymbrowitz, Dinowitz, Weprin, Fahy, Braunstein, Mosley, Buchwald, Steck, Colton, Rozic, Seawright, Lavine, Cruz, Frontus, Griffin, Jacobson, Pichardo, Reyes, Sayegh, Stern, Rosenthal D, Blake, Ramos, Fernandez
 
MLTSPNSRArroyo, Aubry, Crespo, DenDekker, Gottfried, Hevesi, Perry, Richardson, Simon, Thiele, Wright
 
Rpld §2, Chap 19 of 2019; amd §§265.45 & 400.00, add §265.50, Pen L; amd §396-ee, Gen Bus L
 
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.
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A02686 Actions:

BILL NOA02686A
 
01/24/2019referred to codes
01/28/2019reported referred to rules
01/28/2019reported
01/28/2019rules report cal.23
01/28/2019ordered to third reading rules cal.23
02/28/2019amended on third reading 2686a
03/04/2019substituted by s2450a
 S02450 AMEND=A KRUEGER
 01/24/2019REFERRED TO CODES
 01/28/2019REPORTED AND COMMITTED TO RULES
 01/28/2019ORDERED TO THIRD READING CAL.94
 02/28/2019AMENDED ON THIRD READING (T) 2450A
 03/04/2019PASSED SENATE
 03/04/2019DELIVERED TO ASSEMBLY
 03/04/2019referred to codes
 03/04/2019substituted for a2686a
 03/04/2019ordered to third reading rules cal.23
 03/04/2019passed assembly
 03/04/2019returned to senate
 07/30/2019DELIVERED TO GOVERNOR
 07/30/2019SIGNED CHAP.135
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A02686 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2686A
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the penal law and the general business law, in relation to storage of firearms; and to repeal section 2 of chapter 19 of the laws of 2019 amending the civil practice law and rules and the penal law relating to establishing extreme risk protection orders as court-issued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun, relating thereto   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 one makes a technical change to merge provisions made to this section by previous legislation. Section one amends section 265.45 of the penal law to provide that no person who owns or has custody of a rifle, shotgun, or firearm who resides with an individual who is under sixteen years of age or who such person knows or has reason to know is prohibited from possessing a firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon. Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misde- meanor. Section two amends the penal law by adding a new section 265.50 to provide that no person who owns or is custodian of a rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon. Failure to safely store rifles, shotguns, and firearms in the second degree is punishable by a fine of not more than two hundred and fifty dollars. Section three amends section 400.00 of the penal law by adding a new subdivision 18, to require the licensing officer to issue a notice set forth in the subdivision in conspicuous and legible type upon the issu- ance of a license.This section also states that nothing in this subdivi- sion shall be deemed to affect, impair or supersede any special or local law relating to providing notice regarding the safe storage of rifles, shotguns or firearms. Section four amends subdivision 2 of § 396-ee of the general business law, to provide the text of the notice that every person, firm or corpo- ration engaged in the retail business of selling rifles, shotguns, or firearms must post conspicuously in bold print in the p lace where such rifles, shotguns, or firearms are displayed or transferred to a purchas- er. This section also states that nothing in this subdivision shall be deemed to affect, impair or supersede any special or local law relating to the posting of notice regarding the safe storage of rifles, shotguns or firearms. Section five is a severability provision and section six 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 firearm; 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 resides with a child under the age of 16 and who stores or otherwise leaves a rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by using an appropriate gun locking device. A violation will result if any person stores or otherwise leaves a rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by using an appropriate gun locking device. In 2011, firearms killed 997 New Yorkers. Of these, 466 deaths were homicides (47%), 505 were suicides (51%), 12 were unintentional (1%) and 14 were legal (1%). 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 storage practices found that almost 2 million children under age 18 live in homes with easily accessible loaded and/or unlocked guns. 116 Pedia- trics 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 35, ed. 2013, p. 13. Moreover, studies have shown that keeping firearms locked and unloaded reduced unintentional injury in homes with children and teens. 29 3 )AMA 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. ( See http://www.health.ny.gov/prevention/injury_prevention/children/fact_ sh eets/birth-19_years/firearminjwiesbirth-19_years.htm).sk 1 This bill is inspired by 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 (WISQAR S), 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 wit h lower rates of unintentional gun deaths among children. Regulating Guns in America: An Evaluation and Comparative Analysis of Federal, State and http://nysks.state.ny.us/nyslbdclinavigate.cgRNVOTO:2/3 2/28/2019Legislative Information - LBDC Selected Local Gun Laws, p. 233, published by Legal Community Against Violence, 2888. 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 teens 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. Although we have been a leader in enacting strong gun safety laws, we do not have CAP and safe storage laws crit- ical to preventing gun accidents. Safe storage laws save lives.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
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A02686 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2450--A                                            A. 2686--A
            Cal. No. 94                                             R. R. 23
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        IN SENATE -- Introduced by Sens. KRUEGER, MAYER, ADDABBO, BAILEY, BENJA-
          MIN,  BIAGGI,  BRESLIN,  BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,
          GOUNARDES, HARCKHAM, HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,
          LIU,  MONTGOMERY,  MYRIE,  PARKER,  PERSAUD,  RAMOS,  SALAZAR, SAVINO,
          SEPULVEDA, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS  --  read  twice
          and ordered printed, and when printed to be committed to the Committee
          on  Codes  --  reported favorably from said committee and committed to
          the Committee on Rules -- ordered to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        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,  D. ROSENTHAL,
          BLAKE, RAMOS, FERNANDEZ -- 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 --
          reported and referred to the Committee on  Rules  --  amended  on  the
          special  order of third reading, ordered reprinted as amended, retain-
          ing its place on the special order of third reading
 
        AN ACT to amend the penal law and the general business law, in  relation
          to  storage  of firearms; and to repeal section 2 of chapter 19 of the
          laws of 2019 amending the civil practice law and rules and  the  penal
          law  relating to establishing extreme risk protection orders as court-
          issued orders of protection  prohibiting  a  person  from  purchasing,
          possessing  or  attempting  to purchase or possess a firearm, rifle or
          shotgun, relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08626-07-9

        S. 2450--A                          2                         A. 2686--A
 
     1    Section  1.   Section 2 of chapter 19 of the laws of 2019 amending the
     2  civil practice law and rules and the penal law relating to  establishing
     3  extreme  risk  protection  orders  as  court-issued orders of protection
     4  prohibiting a  person  from  purchasing,  possessing  or  attempting  to
     5  purchase or possess a firearm, rifle or shotgun, is REPEALED.
     6    §  1-a.  Section  265.45  of the penal law, as amended by section 3 of
     7  part FF of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
     8  follows:
     9  § 265.45 [Safe storage of] Failure to safely store rifles, shotguns, and
    10             firearms in the first degree.
    11    No  person who owns or is custodian of a rifle, shotgun or firearm who
    12  resides with an individual who [such person knows or has reason to  know
    13  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
    14  (1), (4), (8) or (9)]: (i) is under sixteen  years  of  age;  (ii)  such
    15  person  knows  or  has  reason  to  know is prohibited from possessing a
    16  rifle, shotgun or firearm pursuant to a temporary or final extreme  risk
    17  protection  order  issued under article sixty-three-A of the civil prac-
    18  tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or  (iii)
    19  such  person knows or has reason to know is prohibited from possessing a
    20  rifle, shotgun or firearm based on a conviction for a felony or a  seri-
    21  ous  offense,  shall  store  or  otherwise  leave such rifle, shotgun or
    22  firearm out of his or her immediate possession or control without having
    23  first securely locked such rifle, shotgun or firearm in  an  appropriate
    24  safe  storage  depository or rendered it incapable of being fired by use
    25  of a gun locking device appropriate to that weapon. For purposes of this
    26  section "safe storage depository" shall mean  a  safe  or  other  secure
    27  container  which,  when locked, is incapable of being opened without the
    28  key, combination or other unlocking mechanism and is capable of prevent-
    29  ing an unauthorized person from obtaining access to  and  possession  of
    30  the weapon contained therein. [With respect to a person who is prohibit-
    31  ed  from  possessing  a  firearm  pursuant  to  18  USC § 922(g)(9), for
    32  purposes of this section, this section applies only if such  person  has
    33  been  convicted of a crime included in subdivision one of section 370.15
    34  of the criminal procedure law and such  gun  is  possessed  within  five
    35  years  from  the  later  of  the  date  of  conviction  or completion of
    36  sentence.] Nothing in this section shall be deemed to affect, impair  or
    37  supersede  any  special  or  local  act  relating to the safe storage of
    38  rifles, shotguns or firearms which impose additional requirements on the
    39  owner or custodian of such weapons.  The possession of a rifle or  shot-
    40  gun  by  a  person less than sixteen years of age who is the holder of a
    41  hunting license or permit issued pursuant to article eleven of the envi-
    42  ronmental conservation law when used in accordance with such  law  shall
    43  not be governed by this section.
    44    [A violation of this section shall constitute] Failure to safely store
    45  rifles,  shotguns,  and firearms in the first degree is a class A misde-
    46  meanor.
    47    § 2. The penal law is amended by adding a new section 265.50  to  read
    48  as follows:
    49  § 265.50 Failure  to  safely store rifles, shotguns, and firearms in the
    50             second degree.
    51    No person who owns or is custodian of a rifle, shotgun or firearm  and
    52  knows,  or  has reason to know, that a person less than sixteen years of
    53  age is likely to gain access to such rifle,  shotgun  or  firearm  shall
    54  store  or  otherwise  leave such rifle, shotgun or firearm out of his or
    55  her immediate possession or control without having first securely locked
    56  such rifle, shotgun or firearm in an appropriate safe storage depository

        S. 2450--A                          3                         A. 2686--A
 
     1  or rendered it incapable of being fired by use of a gun  locking  device
     2  appropriate  to  that weapon. For purposes of this section "safe storage
     3  depository" shall have the same meaning  as  such  term  is  defined  in
     4  section  265.45 of this article. Nothing in this section shall be deemed
     5  to affect, impair or supersede any special or local act relating to  the
     6  safe  storage  of  rifles,  shotguns or firearms which impose additional
     7  requirements on the owner or custodian of such weapons.  The  possession
     8  of  a rifle or shotgun by a person less than sixteen years of age who is
     9  the holder of a hunting license or permit  issued  pursuant  to  article
    10  eleven  of  the  environmental  conservation law when used in accordance
    11  with such law shall not be governed by this section.
    12    Failure to safely store rifles, shotguns, and firearms in  the  second
    13  degree  is  a  violation  punishable only by a fine of not more than two
    14  hundred fifty dollars.
    15    § 3. Section 400.00 of the penal law is amended by adding a new subdi-
    16  vision 18 to read as follows:
    17    18. Notice. Upon the issuance of  a  license,  the  licensing  officer
    18  shall  issue  therewith  the following notice in conspicuous and legible
    19  twenty-four point type on eight and one-half  inches  by  eleven  inches
    20  paper stating in bold print the following:
    21    WARNING:  RESPONSIBLE  FIREARM  STORAGE  IS THE LAW IN NEW YORK STATE.
    22  FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR  IN  A  SAFE
    23  STORAGE  DEPOSITORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
    24  CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
    25  HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH  A  PERSON
    26  PROHIBITED  FROM  POSSESSING  A  FIREARM  UNDER  STATE  OR  FEDERAL LAW.
    27  FIREARMS SHOULD BE STORED UNLOADED AND LOCKED  IN  A  LOCATION  SEPARATE
    28  FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIB-
    29  ITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.
    30    Nothing  in  this  subdivision  shall  be  deemed to affect, impair or
    31  supersede any special or local law relating to providing notice  regard-
    32  ing the safe storage of rifles, shotguns or firearms.
    33    §  4.  Subdivision 2 of section 396-ee of the general business law, as
    34  added by chapter 189 of the laws of 2000, is amended to read as follows:
    35    (2) Every person, firm or corporation engaged in the  retail  business
    36  of  selling  rifles,  shotguns or firearms, as such terms are defined in
    37  section 265.00 of the penal law, shall, in the place where such  rifles,
    38  shotguns or firearms are displayed or transferred to the purchaser, post
    39  a  notice conspicuously stating in bold print that: ["The use of a lock-
    40  ing device or safety lock is only  one  aspect  of  responsible  firearm
    41  storage.    For  increased safety firearms should be stored unloaded and
    42  locked in a location that is both separate  from  their  ammunition  and
    43  inaccessible to children and any other unauthorized person."] "RESPONSI-
    44  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  RIFLES, SHOTGUNS AND
    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 IF A CHILD RESIDES IN THE
    48  HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH  A  PERSON
    49  PROHIBITED  FROM  POSSESSING  A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR
    50  FEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND
    51  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES,  SHOTGUNS
    52  OR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT
    53  YOU  TO IMPRISONMENT, FINE, OR BOTH."  Nothing in this subdivision shall
    54  be deemed to affect, impair or supersede any special or local law relat-
    55  ing to the posting of notice regarding the safe storage of rifles, shot-
    56  guns or firearms.

        S. 2450--A                          4                         A. 2686--A
 
     1    § 5. Severability. If any word, phrase, clause,  sentence,  paragraph,
     2  section, or part of this act shall be adjudged by any court of competent
     3  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
     4  invalidate the remainder thereof, but shall be confined in its operation
     5  to the word, phrase, clause, sentence, paragraph, section, or part ther-
     6  eof  directly  involved  in the controversy in which such judgment shall
     7  have been rendered.
     8    § 6. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law.
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