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S02450 Summary:

S02450 Floor Votes:

S02450 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.