senate Bill S1804

Requires the safe storage of all guns, either in a safe or with a locking device, and provides penalties for simple and complex violations; requires notices

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A3221
Versions:
S1804
Legislative Cycle:
2013-2014
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
2007-2008: A7303

Sponsor Memo

BILL NUMBER:S1804

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1804

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  AVELLA,  GIANARIS  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT to amend the penal law and the general business law, in relation
  to safe weapon storage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Short title; construction.  1. This act shall be known and
may be cited as the "safe weapon storage act".
  2. The provisions of this act shall not be  construed  to  preempt  or
supersede any local law the provisions of which are no less stringent or
restrictive than the provisions of this act.
  S 2. Legislative findings. The legislature hereby finds the following:
  The  presence  of  unsecured,  easily accessible, weapons in homes and
other places increases the likelihood of death or injury from  accidents
and  impulsive  acts. Guns left unattended must be kept locked or stored
securely to prevent access by children and others who  should  not  have
access  to  them. Gun owners and other lawful possessors are responsible
for keeping their weapons from falling into the hands  of  children  and
other unauthorized individuals.
  S  3.  The  penal  law  is amended by adding nine new sections 265.50,
265.51, 265.52, 265.53, 265.55, 265.56, 265.57,  265.58  and  265.59  to
read as follows:
S 265.50 DEFINITIONS; SAFE WEAPON STORAGE.
  AS USED IN SECTIONS 265.51 THROUGH 265.59 OF THIS ARTICLE, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "PERSON"  INCLUDES  A  NATURAL  PERSON,  CORPORATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
  2. "SAFE STORAGE DEPOSITORY" MEANS A SAFE OR  OTHER  SECURE  CONTAINER
WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04875-01-3

S. 1804                             2

NATION,  OR  OTHER  UNLOCKING  MECHANISM AND IS CAPABLE OF PREVENTING AN
UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
ON CONTAINED THEREIN. THE DIVISION OF STATE  POLICE  SHALL  DEVELOP  AND
PROMULGATE  RULES  AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR
THE MINIMUM STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE  AN  EFFEC-
TIVE SAFE STORAGE DEPOSITORY.
  3.  "SAFETY LOCKING DEVICE" MEANS A DESIGN ADAPTATION, ATTACHED ACCES-
SORY, OR DEVICE INSTALLED THAT, WHEN ACTIVATED, ATTACHED, OR  INSTALLED,
PREVENTS  THE  DISCHARGE OR FIRING OF THE WEAPON.  THE DIVISION OF STATE
POLICE SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING  FORTH
THE  SPECIFIC  DEVICES  OR  THE  MINIMUM STANDARDS AND CRITERIA THEREFOR
WHICH CONSTITUTE AN EFFECTIVE GUN LOCKING DEVICE.
  4. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", OR "MACHINE GUN".
S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
  THE PROVISIONS OF SECTION 265.52 SHALL NOT APPLY TO ANY DULY  LICENSED
MANUFACTURER OF WEAPONS.
S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND
DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
OR HER IMMEDIATE POSSESSION OR CONTROL  WITHOUT  HAVING  FIRST  SECURELY
LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
IT INCAPABLE OF BEING FIRED BY THE USE OF A SAFETY LOCKING DEVICE APPRO-
PRIATE TO THAT WEAPON.
  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE  A  WEAPON
SAFELY  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 265.52 AND HAS BEEN
PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A WEAPON  SAFELY
IN  THE  SECOND DEGREE AS DEFINED IN SECTION 265.52 WITHIN THE PRECEDING
TEN YEARS.
  FAILURE TO STORE A WEAPON SAFELY IN THE FIRST  DEGREE  IS  A  CLASS  A
MISDEMEANOR.
S 265.55 AGGRAVATED  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN
THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
A  WEAPON  SAFELY  IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND
SUCH WEAPON IS REMOVED BY ANY OTHER PERSON FROM THE  PREMISES  WHERE  IT
WAS STORED UNSAFELY.
  AGGRAVATED  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
S 265.56 AGGRAVATED FAILURE TO  STORE  A  WEAPON  SAFELY  IN  THE  FIRST
           DEGREE.
  A  PERSON  IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO  STORE
A  WEAPON  SAFELY  IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND
SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR INDIRECTLY, PHYS-
ICAL 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.
S  265.57  AGGRAVATED  FAILURE  TO  STORE  A  WEAPON SAFELY IN THE FIRST
           DEGREE; APPLICATION.
  IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 IS THE PARENT
OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS THE RESULT OF  SUCH

S. 1804                             3

VIOLATION,  THE  DISTRICT  ATTORNEY SHALL CONSIDER, AMONG OTHER FACTORS,
THE IMPACT OF THE INJURY OR DEATH ON THE  PERSON  WHO  IS  SUSPECTED  OF
VIOLATING  SECTION 265.56 WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH
PERSON FOR SUCH CRIME.
  A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
OF  A  VIOLATION  OF  SECTION  265.56  SHALL BE PROSECUTED ONLY IN THOSE
INSTANCES IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A RECKLESS MANNER.
S 265.58 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
  NO PERSON SHALL SELL, DELIVER,  OR  TRANSFER  ANY  WEAPON  TO  ANOTHER
PERSON  UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE, DELIVERY,
OR TRANSFER WITH:
  1. A SAFETY LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT  PARTIC-
ULAR WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
  2.  A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE TWENTY-
FOUR POINT TYPE ON EIGHT AND ONE-HALF  INCHES  BY  ELEVEN  INCHES  PAPER
STATING IN BOLD PRINT THE FOLLOWING WARNING:
                                 WARNING
RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
EITHER BE STORED WITH A SAFETY LOCKING  DEVICE  OR  IN  A  SAFE  STORAGE
DEPOSITORY  OR  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE  STORED
UNLOADED  AND  LOCKED  IN  A  LOCATION SEPARATE FROM AMMUNITION. LEAVING
FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO
IMPRISONMENT, FINE, OR BOTH.
  FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
S 265.59 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN  THE  FIRST  DEGREE
WHEN  HE  OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE
SECOND DEGREE AS DEFINED IN  SECTION  265.58  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  OF  THE  OFFENSE  OF  FAILURE TO PROVIDE NOTICE IN THE SECOND
DEGREE AS DEFINED IN SECTION 265.58 WITHIN THE PRECEDING TEN YEARS.
  FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
NOR.
  S 4. Section 400.00 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
  18.  UPON  THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING OFFICER
SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN  CONSPICUOUS  AND  LEGIBLE
TWENTY-FOUR  POINT  TYPE  ON  EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
PAPER STATING IN BOLD PRINT THE FOLLOWING:
                                  WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
EITHER BE STORED WITH A SAFETY LOCKING  DEVICE  OR  IN  A  SAFE  STORAGE
DEPOSITORY  OR  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE  STORED
UNLOADED  AND  LOCKED  IN  A  LOCATION SEPARATE FROM AMMUNITION. LEAVING
FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSONS MAY  SUBJECT  YOU
TO IMPRISONMENT, FINE, OR BOTH.
  S  5.  Subdivision 2 of section 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  (2) Every person, firm or corporation engaged in the  retail  business
of  selling  rifles,  shotguns or firearms, as such terms are defined in
section 265.00 of the penal law, shall, in the place where such  rifles,
shotguns or firearms are displayed or transferred to the purchaser, post
a  notice conspicuously stating in bold print that: ["The use of a lock-
ing device or safety lock is only  one  aspect  of  responsible  firearm
storage.    For  increased safety firearms should be stored unloaded and

S. 1804                             4

locked in a location that is both separate  from  their  ammunition  and
inaccessible to children and any other unauthorized person."] "RESPONSI-
BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
BE  STORED  WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY
OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER
OR OTHER LAWFUL POSSESSOR.   FIREARMS  SHOULD  BE  STORED  UNLOADED  AND
LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
BLE  TO  A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT,
FINE, OR BOTH."
  S 6. If any word, phrase, clause,  sentence,  paragraph,  section,  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair,  or  invali-
date  the  remainder  thereof, but shall be confined in its operation to
the words, phrase, clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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