senate Bill S3355

2017-2018 Legislative Session

Enacts the "children's weapon accident prevention act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Codes 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 25, 2017 defeated in codes
Mar 13, 2017 notice of committee consideration - requested
Jan 23, 2017 referred to codes

Votes

view votes

Apr 25, 2017 - Codes committee Vote

S3355
7
7
committee
7
Aye
7
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 25, 2017

excused (2)

Sponsor's Position

Too many times we've seen the tragic results when kids get their hands on guns. Protecting our kids from loaded guns is just common sense.

Co-Sponsors

S3355 - Details

See Assembly Version of this Bill:
A1990
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 Previous Legislative Sessions:
2015-2016: S2491, A5278A
2013-2014: S3148B, A3941A
2011-2012: S895A, A3292B
2009-2010: S3098A, A5844B

S3355 - 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.

S3355 - Sponsor Memo

S3355 - Bill Text download pdf

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

                                  3355

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed 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 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.
                                                           LBD03389-01-7

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