senate Bill S1804
(D, WF) 31st Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Requires the safe storage of all guns, 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 guns and issuance/renewal of licenses; defines guns as weapons in the form of rifles, shotguns, and firearms; enacts the "safe gun storage act"; does not preempt local laws no less restrictive or stringent.
- See Assembly Version of this Bill:
- Legislative Cycle:
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd Pen L, generally; amd §396-ee, Gen Bus L
- Versions Introduced in Previous Legislative Cycles:
2011-2012: S4538, A381
2009-2010: S68, A1094
TITLE OF BILL: An act to amend the penal law and the general business
law, in relation to safe weapon storage
PURPOSE OR GENERAL IDEA OF BILL: To provide regulations for safe
storage of firearms in order to prevent injury and death, particularly
in children, by unintentional access, discharge and use of weapons.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The act shall be known as the "safe weapon storage act."
Section 2: Recites the legislative findings.
Section 3: Nine new sections amending the penal law to include:
§ 265.50 defines "safe storage depository", "safety locking device"-
and "weapon"; 5255.51 excludes any duly licensed manufacturer of
weapons from § 265.52;
§ 265.52 defines failure to store safely in the second degree as
unsafe Storage or leaving of a weapon when not in immediate possession
or control, thereby resulting in a violation;
§ 255.53 defines failure to store safely in the first degree as
failing 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, thereby resulting in
a class A misdemeanor;
§ 265.55 defines aggravated failure to store a weapon safely in the
second degree as failing to store a weapon safely in the second degree
and the weapon is removed by any other person from premises where it
was unsafely stored, thereby resulting in a class A misdemeanor;
§ 265.56 defines aggravated failure to store a weapon safely in the
first degree as failing to store a weapon safely in the second degree
and the weapon discharges and thereby causes, directly or indirectly,
physical injury, serious physical injury or death to any other person,
thereby resulting in a class E felony;
§ 265.57 requires the district attorney to consider 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 § 255.56, the
impact of the injury or death on such parent or guardian, among other
factors, and provides that such reach for an available firearm in a
moment of distress. Studies indicate mere presence of an available
firearm in the house increases teen suicide. In 1997, 53 children
under 18 were killed in firearm homicides and 178 were injured
seriously enough to be hospitalized. (Above are New York State
Department of Health figures.)
Many of these firearms came from homes where they were unlocked. A
1996 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. Finally, safe storage laws work. Seventeen
states, including Connecticut, New Jersey and Massachusetts, have
passed these laws. Accidental firearm deaths of children were reduced
23% in states with Child Access Prevention/Safe Gun Storage (CAP)
laws, according to a study published in the Journal of the American
Medical Association on October 1, 1997.
PRIOR LEGISLATIVE HISTORY: A.1094, 2009 and 2010 Referred to Codes.
A.7303, 2007 and 2008 Referred to Codes. Same as S.7475, 2008
Referred to Codes. A.2083, 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.
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