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
                                ___________
 
 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.