S T A T E O F N E W Y O R K
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S. 2450--A A. 2686--A
Cal. No. 94 R. R. 23
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
January 24, 2019
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IN SENATE -- Introduced by Sens. KRUEGER, MAYER, ADDABBO, BAILEY, BENJA-
MIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,
GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
LIU, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SAVINO,
SEPULVEDA, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes -- reported favorably from said committee and committed to
the Committee on Rules -- ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. PAULIN, HEASTIE, LENTOL, PEOPLES-
STOKES, ABINANTI, ENGLEBRIGHT, JAFFEE, L. ROSENTHAL, GALEF, COOK,
ORTIZ, CYMBROWITZ, DINOWITZ, WEPRIN, FAHY, BRAUNSTEIN, MOSLEY,
BUCHWALD, STECK, COLTON, ROZIC, SEAWRIGHT, LAVINE, CRUZ, FRONTUS,
GRIFFIN, JACOBSON, PICHARDO, REYES, SAYEGH, STERN, D. ROSENTHAL,
BLAKE, RAMOS, FERNANDEZ -- Multi-Sponsored by -- M. of A. ARROYO,
AUBRY, CRESPO, DenDEKKER, GOTTFRIED, HEVESI, PERRY, RICHARDSON, SIMON,
THIELE, WRIGHT -- read once and referred to the Committee on Codes --
reported and referred to the Committee on Rules -- amended on the
special order of third reading, ordered reprinted as amended, retain-
ing its place on the special order of third reading
AN ACT to amend the penal law and the general business law, in relation
to storage of firearms; and to repeal section 2 of chapter 19 of the
laws of 2019 amending the civil practice law and rules and the penal
law relating to establishing extreme risk protection orders as court-
issued orders of protection prohibiting a person from purchasing,
possessing or attempting to purchase or possess a firearm, rifle or
shotgun, relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08626-07-9
S. 2450--A 2 A. 2686--A
Section 1. Section 2 of chapter 19 of the laws of 2019 amending the
civil practice law and rules and the penal law relating to establishing
extreme risk protection orders as court-issued orders of protection
prohibiting a person from purchasing, possessing or attempting to
purchase or possess a firearm, rifle or shotgun, is REPEALED.
§ 1-a. 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] FAILURE TO SAFELY STORE rifles, shotguns, and
firearms IN THE FIRST DEGREE.
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)]: (I) IS UNDER SIXTEEN YEARS OF AGE; (II) SUCH
PERSON KNOWS OR HAS REASON TO KNOW IS PROHIBITED FROM POSSESSING A
RIFLE, SHOTGUN OR FIREARM PURSUANT TO A TEMPORARY OR FINAL EXTREME RISK
PROTECTION ORDER ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRAC-
TICE LAW AND RULES OR 18 U.S.C. § 922(G) (1), (4), (8) OR (9); OR (III)
SUCH PERSON KNOWS OR HAS REASON TO KNOW IS PROHIBITED FROM POSSESSING A
RIFLE, SHOTGUN OR FIREARM BASED ON A CONVICTION FOR A FELONY OR A SERI-
OUS OFFENSE, 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 appropriate
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 without the
key, combination or other unlocking mechanism and is capable of prevent-
ing an unauthorized person from obtaining access to and possession of
the weapon contained therein. [With respect to a person who is prohibit-
ed 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
rifles, shotguns or firearms which impose additional requirements on the
owner or custodian of such weapons. THE POSSESSION OF A RIFLE OR SHOT-
GUN BY A PERSON LESS THAN SIXTEEN YEARS OF AGE WHO IS THE HOLDER OF A
HUNTING LICENSE OR PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF THE ENVI-
RONMENTAL CONSERVATION LAW WHEN USED IN ACCORDANCE WITH SUCH LAW SHALL
NOT BE GOVERNED BY THIS SECTION.
[A violation of this section shall constitute] FAILURE TO SAFELY STORE
RIFLES, SHOTGUNS, AND FIREARMS IN THE FIRST DEGREE IS a class A misde-
meanor.
§ 2. The penal law is amended by adding a new section 265.50 to read
as follows:
§ 265.50 FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE
SECOND DEGREE.
NO PERSON WHO OWNS OR IS CUSTODIAN OF A RIFLE, SHOTGUN OR FIREARM AND
KNOWS, OR HAS REASON TO KNOW, THAT A PERSON LESS THAN SIXTEEN YEARS OF
AGE IS LIKELY TO GAIN ACCESS TO SUCH RIFLE, SHOTGUN OR FIREARM 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 APPROPRIATE SAFE STORAGE DEPOSITORY
S. 2450--A 3 A. 2686--A
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 HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
SECTION 265.45 OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE DEEMED
TO AFFECT, IMPAIR OR SUPERSEDE ANY SPECIAL OR LOCAL ACT RELATING TO THE
SAFE STORAGE OF RIFLES, SHOTGUNS OR FIREARMS WHICH IMPOSE ADDITIONAL
REQUIREMENTS ON THE OWNER OR CUSTODIAN OF SUCH WEAPONS. THE POSSESSION
OF A RIFLE OR SHOTGUN BY A PERSON LESS THAN SIXTEEN YEARS OF AGE WHO IS
THE HOLDER OF A HUNTING LICENSE OR PERMIT ISSUED PURSUANT TO ARTICLE
ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW WHEN USED IN ACCORDANCE
WITH SUCH LAW SHALL NOT BE GOVERNED BY THIS SECTION.
FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE SECOND
DEGREE IS A VIOLATION PUNISHABLE ONLY BY A FINE OF NOT MORE THAN TWO
HUNDRED FIFTY DOLLARS.
§ 3. Section 400.00 of the penal law is amended by adding a new subdi-
vision 18 to read as follows:
18. NOTICE. UPON THE ISSUANCE OF A LICENSE, THE LICENSING OFFICER
SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN CONSPICUOUS AND LEGIBLE
TWENTY-FOUR POINT TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
PAPER STATING IN BOLD PRINT THE FOLLOWING:
WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.
FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE
STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON
PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE
FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIB-
ITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.
NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO AFFECT, IMPAIR OR
SUPERSEDE ANY SPECIAL OR LOCAL LAW RELATING TO PROVIDING NOTICE REGARD-
ING THE SAFE STORAGE OF RIFLES, SHOTGUNS OR FIREARMS.
§ 4. Subdivision 2 of section 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
(2) Every person, firm or corporation engaged in the retail business
of selling rifles, shotguns or firearms, as such terms are defined in
section 265.00 of the penal law, shall, in the place where such rifles,
shotguns or firearms are displayed or transferred to the purchaser, post
a notice conspicuously stating in bold print that: ["The use of a lock-
ing device or safety lock is only one aspect of responsible firearm
storage. For increased safety firearms should be stored unloaded and
locked in a location that is both separate from their ammunition and
inaccessible to children and any other unauthorized person."] "RESPONSI-
BLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. RIFLES, SHOTGUNS AND
FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE
STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON
PROHIBITED FROM POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR
FEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND
LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES, SHOTGUNS
OR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT
YOU TO IMPRISONMENT, FINE, OR BOTH." NOTHING IN THIS SUBDIVISION SHALL
BE DEEMED TO AFFECT, IMPAIR OR SUPERSEDE ANY SPECIAL OR LOCAL LAW RELAT-
ING TO THE POSTING OF NOTICE REGARDING THE SAFE STORAGE OF RIFLES, SHOT-
GUNS OR FIREARMS.
S. 2450--A 4 A. 2686--A
§ 5. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.
