senate Bill S4392A

2017-2018 Legislative Session

Nicholas's law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
May 03, 2017 print number 4392a
May 03, 2017 amend and recommit to codes
Feb 13, 2017 referred to codes

Co-Sponsors

S4392 - Details

See Assembly Version of this Bill:
A563
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§265.44, 265.46, 265.47, 265.49, 265.51 & 265.53, rpld & add §265.45, amd §400.00, Pen L; amd §396-ee, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S1764, A503

S4392 - Summary

Relates to the safe storage of rifles, shotguns, or firearms.

S4392 - Sponsor Memo

S4392 - Bill Text download pdf


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

                                  4392

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 13, 2017
                               ___________

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 the safe storage of rifles, shotguns, or firearms;  and  to  repeal
  certain provisions of the penal law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 1. Short title. This act shall be known and may be cited as
"Nicholas's law".
  2. Legislative findings. The legislature hereby finds the following:
  a. The presence of unsecured, easily accessible, weapons in homes  and
other  places increases the likelihood of death or injury from accidents
and impulsive acts;
  b. Guns left unattended must be kept  locked  or  stored  securely  to
prevent  access  by  children  and  others who should not have access to
them; and
  c. Gun owners and other lawful possessors are responsible for  keeping
their  weapons  from  falling into the hands of children and other unau-
thorized individuals.
  § 2. The penal law is amended by adding a new section 265.44  to  read
as follows:
§ 265.44 DEFINITION.
  FOR  PURPOSES  OF SECTIONS 265.45, 265.46, AND 265.47 OF THIS ARTICLE,
"SAFE STORAGE DEPOSITORY" SHALL MEAN 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 A
PERSON OTHER THAN THE OWNER OR CUSTODIAN ACCESS TO AND POSSESSION OF THE
WEAPON CONTAINED THEREIN.
  § 3. Section 265.45 of  the  penal  law  is  REPEALED  and  three  new
sections 265.45, 265.46 and 265.47 are added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01105-01-7

Co-Sponsors

view additional co-sponsors

S4392A (ACTIVE) - Details

See Assembly Version of this Bill:
A563
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§265.44, 265.46, 265.47, 265.49, 265.51 & 265.53, rpld & add §265.45, amd §400.00, Pen L; amd §396-ee, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S1764, A503

S4392A (ACTIVE) - Summary

Relates to the safe storage of rifles, shotguns, or firearms.

S4392A (ACTIVE) - Sponsor Memo

S4392A (ACTIVE) - Bill Text download pdf


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

                                 4392--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 13, 2017
                               ___________

Introduced  by  Sens. KLEIN, KAMINSKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, and the general business law, in relation
  to the safe storage of rifles, shotguns, or firearms;  and  to  repeal
  certain provisions of the penal law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 1. Short title. This act shall be known and may be cited as
"Nicholas's law".
  2. Legislative findings. The legislature hereby finds the following:
  a. The presence of unsecured, easily accessible, weapons in homes  and
other  places increases the likelihood of death or injury from accidents
and impulsive acts;
  b. Guns left unattended must be kept  locked  or  stored  securely  to
prevent  access  by  children  and  others who should not have access to
them; and
  c. Gun owners and other lawful possessors are responsible for  keeping
their  weapons  from  falling into the hands of children and other unau-
thorized individuals.
  § 2. The penal law is amended by adding a new section 265.44  to  read
as follows:
§ 265.44 DEFINITION.
  FOR  PURPOSES  OF SECTIONS 265.45, 265.46, AND 265.47 OF THIS ARTICLE,
"SAFE STORAGE DEPOSITORY" SHALL MEAN 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 A
PERSON OTHER THAN THE OWNER OR CUSTODIAN ACCESS TO AND POSSESSION OF THE
WEAPON CONTAINED THEREIN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01105-05-7

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