assembly Bill A5844B

2009-2010 Legislative Session

Enacts the "children's weapon accident prevention act"

download bill text pdf

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2010 amended on third reading 5844b
Jan 19, 2010 amended on third reading 5844a
Jan 06, 2010 ordered to third reading cal.407
returned to assembly
died in senate
Apr 28, 2009 referred to codes
delivered to senate
passed assembly
Apr 09, 2009 advanced to third reading cal.333
Apr 06, 2009 reported
Feb 20, 2009 referred to codes

Co-Sponsors

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Multi-Sponsors

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A5844 - Details

See Senate Version of this Bill:
S3098
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §§265.45, 265.50, 265.55, 265.60, 265.65 & 265.70, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3292, S895
2013-2014: A3941, S3148
2015-2016: A5278, S2491
2017-2018: A1990, S3355
2019-2020: A425

A5844 - Summary

Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.

A5844 - Bill Text download pdf

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

                                  5844

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M. of A. WEISENBERG, PAULIN, RAMOS, LIFTON, JOHN, CLARK,
  CARROZZA, V. LOPEZ, TITUS, KAVANAGH, WRIGHT, SCHIMEL, ALFANO,  CASTRO,
  BARRON,  LANCMAN,  MILLMAN,  TOWNSEND,  DINOWITZ, ROBINSON, ROSENTHAL,
  MAYERSOHN, ESPAILLAT, WEINSTEIN   -- Multi-Sponsored by --  M.  of  A.
  BARRA,  BOYLAND,  BRENNAN,  COLTON,  COOK,  ENGLEBRIGHT, GALEF, GANTT,
  GOTTFRIED, HEASTIE, JACOBS, KOON, MAISEL, McENENY,  PHEFFER,  SCARBOR-
  OUGH, TOWNS -- read once and referred to the Committee on Codes

AN  ACT  to amend the penal law, the general business law and the educa-
  tion law, in relation to criminally negligent storage of a weapon  and
  weapons safety programs for children

  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 "children's weapon accident prevention 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 and intent. The  legislature  finds  that  a
tragically  large  number  of  children have been accidentally killed or
seriously injured by negligently stored weapons;  that  placing  weapons
within  reach  or  easy  access of children is irresponsible, encourages
such accidents, and should be prohibited, and that legislative action is
necessary to protect the safety of our children.
  S 3. Section 265.00 of the penal law is amended  by  adding  five  new
subdivisions 24, 25, 26, 27 and 28 to read as follows:
  24.  "WEAPON"  MEANS  A  "RIFLE", "SHOTGUN", OR "FIREARM" AS OTHERWISE
DEFINED IN SUBDIVISION THREE OF THIS SECTION.
  25. "LOCKED BOX" MEANS A SAFE, CASE OR CONTAINER WHICH,  WHEN  LOCKED,
IS  INCAPABLE  OF  BEING  OPENED  WITHOUT THE KEY, COMBINATION, OR OTHER
UNLOCKING MECHANISM AND IS RESISTANT TO  TAMPERING  BY  AN  UNAUTHORIZED
PERSON  ATTEMPTING  TO  OBTAIN ACCESS TO AND POSSESSION OF THE WEAPON OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD06818-01-9

Co-Sponsors

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Multi-Sponsors

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A5844A - Details

See Senate Version of this Bill:
S3098
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §§265.45, 265.50, 265.55, 265.60, 265.65 & 265.70, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3292, S895
2013-2014: A3941, S3148
2015-2016: A5278, S2491
2017-2018: A1990, S3355
2019-2020: A425

A5844A - Summary

Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.

A5844A - Sponsor Memo

A5844A - Bill Text download pdf

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

                                 5844--A
                                                        Cal. No. 407

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M. of A. WEISENBERG, PAULIN, RAMOS, LIFTON, JOHN, CLARK,
  CARROZZA, V. LOPEZ, TITUS, KAVANAGH, WRIGHT, SCHIMEL, ALFANO,  CASTRO,
  BARRON,  LANCMAN,  MILLMAN,  TOWNSEND,  DINOWITZ, ROBINSON, ROSENTHAL,
  MAYERSOHN, ESPAILLAT, WEINSTEIN -- Multi-Sponsored  by  --  M.  of  A.
  BARRA,  BOYLAND,  BRENNAN,  COLTON,  COOK,  ENGLEBRIGHT, GALEF, GANTT,
  GOTTFRIED, HEASTIE, JACOBS, KOON, MAISEL, McENENY,  PHEFFER,  SCARBOR-
  OUGH,  TOWNS  --  read  once and referred to the Committee on Codes --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to amend the penal law, the general business law and the educa-
  tion law, in relation to criminally negligent storage of a weapon  and
  weapons safety programs for children

  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 "children's weapon accident prevention 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 and intent. The  legislature  finds  that  a
tragically  large  number  of  children have been accidentally killed or
seriously injured by negligently stored weapons;  that  placing  weapons
within  reach  or  easy  access of children is irresponsible, encourages
such accidents, and should be prohibited, and that legislative action is
necessary to protect the safety of our children.
  S 3. Section 265.00 of the penal law is amended  by  adding  five  new
subdivisions 24, 25, 26, 27 and 28 to read as follows:
  24.  "WEAPON"  MEANS  A  "RIFLE", "SHOTGUN", OR "FIREARM" AS OTHERWISE
DEFINED IN SUBDIVISION THREE OF THIS SECTION.
  25. "LOCKED BOX" MEANS A SAFE, CASE OR CONTAINER WHICH,  WHEN  LOCKED,
IS  INCAPABLE  OF  BEING  OPENED  WITHOUT THE KEY, COMBINATION, OR OTHER

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A5844B (ACTIVE) - Details

See Senate Version of this Bill:
S3098
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §§265.45, 265.50, 265.55, 265.60, 265.65 & 265.70, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3292, S895
2013-2014: A3941, S3148
2015-2016: A5278, S2491
2017-2018: A1990, S3355
2019-2020: A425

A5844B (ACTIVE) - Summary

Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.

A5844B (ACTIVE) - Sponsor Memo

A5844B (ACTIVE) - Bill Text download pdf

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

                                 5844--B
                                                        Cal. No. 407

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M. of A. WEISENBERG, PAULIN, RAMOS, LIFTON, JOHN, CLARK,
  CARROZZA, V. LOPEZ, TITUS, KAVANAGH, WRIGHT, SCHIMEL, ALFANO,  CASTRO,
  BARRON,  LANCMAN,  MILLMAN,  TOWNSEND,  DINOWITZ, ROBINSON, ROSENTHAL,
  MAYERSOHN, ESPAILLAT, WEINSTEIN, COLTON -- Multi-Sponsored by -- M. of
  A. BARRA, BOYLAND, BRENNAN, COOK,  ENGLEBRIGHT,  GALEF,  GANTT,  GOTT-
  FRIED,  HEASTIE,  JACOBS, KOON, MAISEL, McENENY, PHEFFER, SCARBOROUGH,
  TOWNS -- read once and referred to the Committee on Codes --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading --  again
  amended  on  third  reading, ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the penal law, the general business law and  the  educa-
  tion  law, in relation to criminally negligent storage of a weapon and
  weapons safety programs for children

  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 "children's weapon accident prevention 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  and intent. The legislature finds that a
tragically large number of children have  been  accidentally  killed  or
seriously  injured  by  negligently stored weapons; that placing weapons
within reach or easy access of  children  is  irresponsible,  encourages
such accidents, and should be prohibited, and that legislative action is
necessary to protect the safety of our children.
  S  3.  Section  265.00  of the penal law is amended by adding five new
subdivisions 24, 25, 26, 27 and 28 to read as follows:
  24. "WEAPON" MEANS A "RIFLE", "SHOTGUN",  OR  "FIREARM"  AS  OTHERWISE
DEFINED IN SUBDIVISION THREE OF THIS SECTION.

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

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