S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    457
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI,  JAFFEE,  PAULIN, MOSLEY, STECK --
   Multi-Sponsored by -- M. of A. COOK, GLICK, GOTTFRIED -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  the  safe  storage  of
   rifles, shotguns, and firearms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.45 of the penal law, as amended by section 3 of
 part FF of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
 follows:
 § 265.45 Safe storage of rifles, shotguns, and firearms.
   No person who owns or is custodian of a rifle, shotgun or firearm [who
 resides  with  an individual who such person knows or has reason to know
 is prohibited from possessing a firearm pursuant to 18 U.S.C.  §  922(g)
 (1), (4), (8) or (9)] shall store or otherwise leave such rifle, shotgun
 or  firearm  out  of  his or her immediate possession or control without
 having first securely locked such rifle, shotgun or firearm in an appro-
 priate safe storage depository or rendered it incapable of  being  fired
 by  use of a gun locking device appropriate to that weapon. For purposes
 of this section "safe storage depository" shall mean  a  safe  or  other
 secure  container which, when locked, is incapable of being opened with-
 out the key, combination or other unlocking mechanism and is capable  of
 preventing   an   unauthorized  person  from  obtaining  access  to  and
 possession of the weapon contained therein. [With respect  to  a  person
 who  is  prohibited  from  possessing  a  firearm  pursuant  to 18 USC §
 922(g)(9), for purposes of this section, this section  applies  only  if
 such person has been convicted of a crime included in subdivision one of
 section  370.15  of the criminal procedure law and such gun is possessed
 within five years from the later of the date of conviction or completion
 of sentence.] Nothing in this section shall be deemed to affect,  impair
 or  supersede  any  special or local act relating to the safe storage of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03282-01-7

 A. 457                              2
 
 rifles, shotguns or firearms which impose additional requirements on the
 owner or custodian of such weapons.
   A violation of this section shall constitute a class A misdemeanor.
   § 2. This act shall take effect immediately.