The New York State Senate

                    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

A. 3941--A                          2

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.
  28.  "GUN  LOCKING  DEVICE"  MEANS  AN INTEGRATED DESIGN FEATURE OR AN
ATTACHABLE ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE  IN
PREVENTING  THE  DISCHARGE  OF  A  WEAPON  BY A PERSON WHO DOES NOT HAVE
ACCESS TO THE KEY, COMBINATION OR OTHER MECHANISM USED TO DISENGAGE  THE
DEVICE.
  29. "LOADED RIFLE" MEANS ANY RIFLE LOADED WITH AMMUNITION OR ANY RIFLE
WHICH IS POSSESSED BY ONE WHO, AT THE SAME TIME, POSSESSES A QUANTITY OF
AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH RIFLE.
  30.  "LOADED  SHOTGUN" MEANS ANY SHOTGUN LOADED WITH AMMUNITION OR ANY
SHOTGUN WHICH IS POSSESSED BY ONE WHO, AT THE  SAME  TIME,  POSSESSES  A
QUANTITY OF AMMUNITION WHICH MAY BE USED TO DISCHARGE SUCH SHOTGUN.
  S  4.  The  penal  law  is  amended by adding six new sections 265.50,
265.55, 265.60, 265.65, 265.70 and 265.75 to read as follows:
S 265.50 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 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 LOCKED BOX OR  RENDERED  IT  INCAPABLE  OF
BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAP-
ON.
  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
S 265.55 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 265.50 OF THIS ARTICLE
AND  HAS  BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A
WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.50 OF  THIS
ARTICLE WITHIN THE PRECEDING FIVE YEARS.
  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS B
MISDEMEANOR.
S 265.60 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY.
  A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY WHEN
HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE
SECOND DEGREE AS DEFINED IN SECTION 265.50  OF  THIS  ARTICLE  AND  SUCH
WEAPON  IS  REMOVED  FROM  THE  PREMISES OR DISCHARGED BY ANOTHER PERSON
UNDER THE AGE OF EIGHTEEN.
  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IS A CLASS A MISDEMEANOR.
S 265.65 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A  WEAPON  IN
THE  SECOND  DEGREE  WHEN  WITH CRIMINAL NEGLIGENCE, HE OR SHE STORES OR
LEAVES A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY  LOCATION
WHERE  SUCH  WEAPON  IS ACCESSIBLE TO A PERSON UNDER THE AGE OF EIGHTEEN
AND SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF  EIGHTEEN,
WHICH  CAUSES  SERIOUS  PHYSICAL  INJURY TO SUCH PERSON UNDER THE AGE OF
EIGHTEEN OR ANY OTHER PERSON.
  2. IN ANY PROSECUTION UNDER THIS SECTION IT SHALL  BE  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT ACTIVELY PURSUED ALL REASONABLE EFFORTS TO
RETRIEVE OR OTHERWISE REGAIN POSSESSION OF  SUCH  WEAPON  PRIOR  TO  ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;

A. 3941--A                          3

  (B) SUCH WEAPON IS STORED IN A  SECURELY  LOCKED  BOX  WHICH  PREVENTS
ACCESS  TO  THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED TO DISCHARGE
SUCH WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH  PREVENTS
ACCESS TO SUCH AMMUNITION;
  (C)  SUCH  WEAPON  IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS
THE WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E) SUCH WEAPON IS IN THE POSSESSION OR CONTROL OF  A  POLICE  OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY  NEGLIGENT  STORAGE  OF  A WEAPON IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 265.70 CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN THE FIRST DEGREE.
  1. A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT STORAGE OF A  WEAPON  IN
THE  FIRST  DEGREE  WHEN  WITH  CRIMINAL NEGLIGENCE, HE OR SHE STORES OR
LEAVES A LOADED RIFLE, LOADED SHOTGUN OR LOADED FIREARM IN ANY  LOCATION
WHERE  SUCH  WEAPON  IS ACCESSIBLE TO A PERSON UNDER THE AGE OF EIGHTEEN
AND SUCH WEAPON IS DISCHARGED BY SUCH PERSON UNDER THE AGE OF  EIGHTEEN,
WHICH  CAUSES  THE DEATH OF SUCH PERSON UNDER THE AGE OF EIGHTEEN OR ANY
OTHER PERSON.
  2. IN ANY PROSECUTION UNDER THIS SECTION IT SHALL  BE  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT ACTIVELY PURSUED ALL REASONABLE EFFORTS TO
RETRIEVE OR OTHERWISE REGAIN POSSESSION OF  SUCH  WEAPON  PRIOR  TO  ITS
DISCHARGE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF:
  (A)  SUCH PERSON UNDER THE AGE OF EIGHTEEN GAINS ACCESS TO SUCH WEAPON
AS A RESULT OF AN UNLAWFUL ENTRY TO ANY PREMISES BY ANY PERSON;
  (B) SUCH WEAPON IS STORED IN A  SECURELY  LOCKED  BOX  WHICH  PREVENTS
ACCESS  TO  THE WEAPON AND ANY AMMUNITION WHICH MAY BE USED TO DISCHARGE
SUCH WEAPON IS STORED IN A SEPARATE, SECURELY LOCKED BOX WHICH  PREVENTS
ACCESS TO THE WEAPON;
  (C) THE WEAPON IS SECURED WITH A GUN LOCKING DEVICE WHICH PREVENTS THE
WEAPON FROM DISCHARGING;
  (D) SUCH PERSON UNDER THE AGE OF EIGHTEEN POSSESSED THE LOADED SHOTGUN
OR LOADED RIFLE IN COMPLIANCE WITH A VALID HUNTING LICENSE ISSUED PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW;
  (E)  SUCH  WEAPON  IS IN THE POSSESSION OR CONTROL OF A POLICE OFFICER
WHILE THE OFFICER IS ENGAGED IN OFFICIAL DUTIES; OR
  (F) SUCH WEAPON IS NEEDED FOR THE LAWFUL PURPOSE OF SELF DEFENSE.
  CRIMINALLY NEGLIGENT STORAGE OF A WEAPON IN  THE  FIRST  DEGREE  IS  A
CLASS D FELONY.
S  265.75  CRIMINALLY  NEGLIGENT  STORAGE  OF  A WEAPON IN THE FIRST AND
             SECOND DEGREE; APPLICATION.
  IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.65 OR 265.70  OF
THIS  ARTICLE 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, THE IMPACT OF THE INJURY OR DEATH ON THE
PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.65 OR  265.70  OF  THIS
ARTICLE  WHEN  DECIDING WHETHER OR NOT TO PROSECUTE SUCH PERSON FOR SUCH
OFFENSE.
  S 5. The section heading and subdivision 2 of section  396-ee  of  the
general  business  law, as added by chapter 189 of the laws of 2000, are
amended to read as follows:
  Sale of certain weapons; locking devices AND LOCKED BOXES therefor.

A. 3941--A                          4

  (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 GUN
locking device or [safety lock] A LOCKED  BOX  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 inaccessible to children and any other unauthorized
person.  LEAVING  RIFLES,  SHOTGUNS  AND FIREARMS ACCESSIBLE TO A PERSON
UNDER EIGHTEEN IS A CRIME IN NEW YORK STATE."
  S 6. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 44 to read as follows:
  44.  THE COMMISSIONER SHALL IN COOPERATION WITH THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES  DEVELOP  A  WEAPONS  SAFETY  PROGRAM  DESIGNED  TO
PROTECT  CHILDREN  FROM  THE  RISK OF GUN-RELATED DEATH AND INJURY. SUCH
PROGRAM SHALL BE DESIGNED TO TEACH CHILDREN TO FOLLOW AN EFFECTIVE SAFE-
TY PROCEDURE WHEN THEY ARE EXPOSED TO A  GUN,  SHALL  SPECIFICALLY  WARN
CHILDREN  THAT  CONTACT  WITH GUNS CAN RESULT IN SERIOUS INJURY OR DEATH
AND SHALL HAVE BEEN PROVEN TO BE EFFECTIVE  TO  PREVENT  INJURY  THROUGH
FORMAL  EVALUATION  BY  OBJECTIVE  PUBLIC  HEALTH  AND EDUCATION PROFES-
SIONALS. SUCH PROGRAM MAY BE USED IN PUBLIC AND NONPUBLIC SCHOOLS AT THE
DISCRETION OF THE LOCAL SCHOOL BOARD OF EDUCATION OR BOARD OF  TRUSTEES,
WHICHEVER  IS  APPLICABLE.  THE  COMMISSIONER SHALL SUBMIT AN EVALUATION
REPORT ON THIS PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE,  THE  CHAIR  OF  THE  ASSEMBLY  CODES
COMMITTEE  AND  THE  CHAIR  OF  THE SENATE CODES COMMITTEE NO LATER THAN
JANUARY FIRST, TWO THOUSAND SIXTEEN.
  S 7. Severability.  If any word, phrase, clause, sentence,  paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction  to  be invalid, such judgment shall not affect, impair, or
invalidate 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 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  sections three and four of this act shall take effect May 1, 2015;
provided, further, that section five of this act shall take effect March
1, 2015 except that any rule or  regulation  necessary  for  the  timely
implementation  of  section  five  of  this act may be promulgated on or
before such date.