assembly Bill A3941A

2013-2014 Legislative Session

Enacts the "children's weapon accident prevention act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 ordered to third reading rules cal.60
rules report cal.60
reported
Jun 03, 2014 reported referred to rules
Jan 30, 2014 print number 3941a
Jan 30, 2014 amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 29, 2013 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A3941 - Details

Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §§265.50 - 265.75, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5844
2011-2012: A3292
2015-2016: A5278
2017-2018: A1990
2019-2020: A425

A3941 - 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 safely, 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.

A3941 - Bill Text download pdf

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

                                  3941

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. WEISENBERG, PAULIN, V. LOPEZ, SCHIMEL, DINOWITZ,
  RAMOS, TITUS, CASTRO, ROBINSON, LIFTON, KAVANAGH,  BARRON,  ROSENTHAL,
  CLARK,  WRIGHT, MILLMAN, COLTON, WEINSTEIN -- Multi-Sponsored by -- M.
  of A. BOYLAND, BRENNAN, COOK, ENGLEBRIGHT,  GALEF,  GANTT,  GOTTFRIED,
  HEASTIE,  JACOBS, MAISEL, SCARBOROUGH -- 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
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.
                                                           LBD01339-01-3

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A3941A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §§265.50 - 265.75, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5844
2011-2012: A3292
2015-2016: A5278
2017-2018: A1990
2019-2020: A425

A3941A (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 safely, 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.

A3941A (ACTIVE) - Bill Text download pdf

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

                                 3941--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A. WEISENBERG, PAULIN, SCHIMEL, DINOWITZ, RAMOS,
  TITUS, ROBINSON, LIFTON, KAVANAGH, ROSENTHAL, CLARK, WRIGHT,  MILLMAN,
  COLTON,  WEINSTEIN,  PERRY  -- Multi-Sponsored by -- M. of A. BOYLAND,
  BRENNAN, COOK, ENGLEBRIGHT, GALEF, GANTT, GOTTFRIED, HEASTIE,  JACOBS,
  SCARBOROUGH  --  read  once  and referred to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with Assembly Rule
  3, sec. 2 -- 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 26, 27, 28, 29 and 30 to read as follows:
  26. "WEAPON" MEANS A "RIFLE", "SHOTGUN" OR "FIREARM".
  27. "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.
                                                           LBD01339-07-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.