NY State Senate Bill 2009-S68

Senate Bill S68

2009-2010 Legislative Session

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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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2009	recommit, enacting clause stricken
Jan 07, 2009	referred to codes

co-Sponsors

2009-S68 (ACTIVE) - Details

See Assembly Version of this Bill:: A1094
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §396-ee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4538, A381
2013-2014: S1804, A3221
2015-2016: S3719

2009-S68 (ACTIVE) - 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"

2009-S68 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S68

 TITLE OF BILL :
An act to amend the penal law and the general business law, in
relation to safe weapon storage


 PURPOSE :
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";

§265.51 excludes any duly licensed manufacturer from §265.52;

§265.52 defines failure to store safely in the second degree as unsafe
storage of a weapon when not in immediate possession or control

thereby resulting in a violation;

§265.53 defines failure to store safely in the first degree as failing
to store a weapon safely when previously convicted of failure to store
safely thereby resulting in a class A misdemeanor;

§265.55 defines aggravated failure to store a weapon safely in the
second degree as when in violation of §265.52, a weapon is removed
from premises where it was unsafely stored, thereby resulting in a
class A misdemeanor;

§265.56 defines aggravated failure to store in the first degree as
when failure to store a weapon results in weapon discharge causing
injury or death to any other person thereby resulting in a class E
felony;

§265.57 gives the district attorney discretion whether or not to
prosecute a parent or guardian when death or injury of a child results
from suspected violation of 265.56;

§265.58 defines failure to provide notice in the second degree as when
in delivery or transfer of weapons, failure to provide either locking
device and/or safe storage depository and conspicuous and legible
notice of warning thereby resulting in a violation;

§265.59 defines failure to provide notice in the first degree as being
in violation of §265.58 two times within a ten-year period thereby
resulting in a class B misdemeanor.

Section 4: New subdivision 18 is added to § 400.00 of the penal law.
The licensing officer shall issue a conspicuous and legible notice of
warning upon the issuance or renewal of a license.

Section 5: Subdivision 2 of § 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended. Every person,
firm or corporation engaged in the retail business of selling firearms
shall post a notice conspicuously in bold print.



Section 6: If any part of this act is adjudged by a court of competent
jurisdiction to be invalid, such judgement shall not affect, impair or
invalidate the remainder of this act.

Section 7: This act shall take effect on the first of November
following the date of enactment

 JUSTIFICATION :
In 2001, legislation was passed to require the purchase of a safety
locking device with the purchase or transfer of a firearm. However,
there was no requirement to use the device and safely store a firearm.
In 2000, firearms killed one thousand and ninety three New Yorkers.
six hundred and two deaths were homicides, four hundred and fifty were
suicides, twenty three were unintentional, in six cases the intent was
unknown and twelve deaths were a result of legal intervention. It is
estimated that there were at least three times as many firearm
injuries. Safe storage is one way to help reduce the firearm death and
injury rate in New York State.

Safe storage may reduce theft and use of firearms in crime. It is
estimated that each year in the united States, half a million firearms
are stolen.

Safe storage is particularly important in keeping firearms out of the
hands of children and young people in order to prevent accidents,
suicides and school incidents. First, safe storage can prevent those
tragic accidents where a child finds a loaded firearm and accidentally
shoots another child. In 1997 in New York State, the last year for
which reliable figures are available, 5 children under 18 were killed
in firearm accidents and 72 were injured seriously enough to be
hospitalized.

Safe storage can also reduce suicides, particularly by teens that may
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 NYSDOH 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 :
S.7475 of 2008 04/07/08 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.

2009-S68 (ACTIVE) - Bill Text download pdf

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

                                   68

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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-
NATION, OR OTHER UNLOCKING MECHANISM AND IS  CAPABLE  OF  PREVENTING  AN

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

                                                           LBD01422-01-9

S. 68                               2

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
VIOLATION, THE DISTRICT ATTORNEY SHALL CONSIDER,  AMONG  OTHER  FACTORS,

S. 68                               3

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
locked in a location that is both separate  from  their  ammunition  and

S. 68                               4

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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Senate Bill S68

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Sponsored By

John L. Sampson