assembly Bill A5278A

2015-2016 Legislative Session

Enacts the "children's weapon accident prevention act"

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Archive: Last Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Dec 16, 2015 print number 5278a
Dec 16, 2015 amend and recommit to codes
Feb 17, 2015 referred to codes

A5278 - Details

Current Committee:
Assembly Codes
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
2013-2014: A3941
2017-2018: A1990
2019-2020: A425

A5278 - 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.

A5278 - Bill Text download pdf

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

                                  5278

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05544-02-5

A5278A (ACTIVE) - Details

Current Committee:
Assembly Codes
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
2013-2014: A3941
2017-2018: A1990
2019-2020: A425

A5278A (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.

A5278A (ACTIVE) - Bill Text download pdf

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

                                 5278--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on Codes -- 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
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.
                                                           LBD05544-03-5

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