S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6360
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to storage of 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 a chapter of
 the  laws  of  2019, amending the penal law and the general business law
 relating to storage of firearms, as proposed in legislative bill numbers
 S. 2450-A and A. 2686-A, is amended to read as follows:
 § 265.45 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: (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.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08626-09-9

 S. 6360                             2
 
 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.]
   IT SHALL NOT BE A VIOLATION OF THIS SECTION TO  ALLOW  A  PERSON  LESS
 THAN SIXTEEN YEARS OF AGE ACCESS TO: (I) A FIREARM, RIFLE OR SHOTGUN FOR
 LAWFUL USE AS AUTHORIZED UNDER PARAGRAPH SEVEN OR SEVEN-E OF SUBDIVISION
 A  OF  SECTION  265.20  OF  THIS ARTICLE, OR (II) A RIFLE OR SHOTGUN FOR
 LAWFUL USE AS AUTHORIZED BY ARTICLE ELEVEN OF THE ENVIRONMENTAL  CONSER-
 VATION LAW WHEN SUCH PERSON LESS THAN SIXTEEN YEARS OF AGE IS THE HOLDER
 OF  A  HUNTING  LICENSE  OR  PERMIT AND SUCH RIFLE OR SHOTGUN IS USED IN
 ACCORDANCE WITH SUCH LAW.
   Failure to safely store rifles, shotguns, and firearms  in  the  first
 degree is a class A misdemeanor.
   § 2. Section 265.50 of the the penal law, as added by a chapter of the
 laws of 2019, amending the penal law and the general business law relat-
 ing  to  storage of firearms, as proposed in legislative bill numbers S.
 2450-A and A. 2686-A, is amended 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
 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.]
   IT SHALL NOT BE A VIOLATION OF THIS SECTION TO  ALLOW  A  PERSON  LESS
 THAN SIXTEEN YEARS OF AGE ACCESS TO: (I) A FIREARM, RIFLE OR SHOTGUN FOR
 LAWFUL USE AS AUTHORIZED UNDER PARAGRAPH SEVEN OR SEVEN-E OF SUBDIVISION
 A  OF  SECTION  265.20  OF  THIS ARTICLE, OR (II) A RIFLE OR SHOTGUN FOR
 LAWFUL USE AS AUTHORIZED BY ARTICLE ELEVEN OF THE ENVIRONMENTAL  CONSER-
 VATION LAW WHEN SUCH PERSON LESS THAN SIXTEEN YEARS OF AGE IS THE HOLDER
 OF  A  HUNTING  LICENSE  OR  PERMIT AND SUCH RIFLE OR SHOTGUN IS USED IN
 ACCORDANCE WITH SUCH LAW.
   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.  This act shall take effect on the same  date  and  in  the  same
 manner  as a chapter of the laws of 2019, amending the penal law and the
 general business law relating to storage of  firearms,  as  proposed  in
 legislative bill numbers S. 2450-A and A. 2686-A, takes effect.