senate Bill S895A

2011-2012 Legislative Session

Enacts the "children's weapon accident prevention act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 27, 2012 notice of committee consideration - requested
Jan 13, 2012 print number 895a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

S895 - Details

See Assembly Version of this Bill:
A3292B
Current Committee:
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 2009-2010 Legislative Session:
S3098A, A5844B

S895 - 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.

S895 - Sponsor Memo

S895 - Bill Text download pdf

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

                                   895

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed 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
AMMUNITION 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
EFFECTIVE LOCKED BOX.

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

Co-Sponsors

S895A (ACTIVE) - Details

See Assembly Version of this Bill:
A3292B
Current Committee:
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 2009-2010 Legislative Session:
S3098A, A5844B

S895A (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.

S895A (ACTIVE) - Sponsor Memo

S895A (ACTIVE) - Bill Text download pdf

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

                                 895--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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
AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP

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

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