|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2014||referred to codes|
senate Bill S7822
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7822 (ACTIVE) - Details
S7822 (ACTIVE) - Summary
Enacts "Nicholas' law"; requires the safe storage of all weapons, 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 weapons and issuance/renewal of licenses; defines weapons to mean rifles, shotguns and firearms… (view more) does not preempt local laws no less restrictive or stringent.
S7822 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7822 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 of children, by unintentional access, discharge and use of weapons. SUMMARY OF SPECIFIC PROVISIONS: Section 1: The act shall be known as "Nicholas's law." Section 2: Recites the legislative findings. Section 3: Ten new sections amending the penal law to include: § 265.50 defines "safe storage depository" and "weapon"; § 255.51 excludes any duly licensed manufacturer of weapons from 265.52; § 265.52 defines failure to store a weapon safely in the second degree as storing or leaving a weapon out of one's immediate possession or control without having first securely locked such weapon in a safe storage depository or rendered it incapable of being fired by using an
S7822 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7822 I N S E N A T E June 12, 2014 ___________ Introduced by Sen. KLEIN -- 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 "Nicholas's law". 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 ten new sections 265.50, 265.51, 265.52, 265.53, 265.54, 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13076-05-4
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