Assembly Bill A555

2009-2010 Legislative Session

Enacts the "gun free kids law" creating crimes of failure to store a weapon safely and calls for developing a weapons safety program for schools

download bill text pdf

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Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A555 (ACTIVE) - Details

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

2009-A555 (ACTIVE) - Summary

Enacts the "gun free kids law"; 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.

2009-A555 (ACTIVE) - Bill Text download pdf

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

                                   555

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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,
  locked boxes for weapons 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. This act shall be known and may be cited as the  "gun  free
kids law".
  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 firearms; that placing firearms
within the 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.
  Nothing in this act shall be construed to reduce or limit any right to
purchase and own firearms, or to provide authority to any state or local
agency to infringe upon the privacy of any family,  home,  or  business,
except by lawful means.
  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
AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP
AND  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01768-01-9
              

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