S T A T E O F N E W Y O R K
________________________________________________________________________
506
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. ABINANTI, JAFFEE, PAULIN, MOSLEY, STECK --
Multi-Sponsored by -- M. of A. COOK, GLICK, GOTTFRIED -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the safe storage of
rifles, shotguns, and 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 section 3 of
part FF of chapter 57 of the laws of 2013, is amended to read as
follows:
§ 265.45 Safe storage of rifles, shotguns, and firearms.
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)] 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 appro-
priate 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 with-
out the key, combination or other unlocking mechanism and is capable of
preventing an unauthorized person from obtaining access to and
possession of the weapon contained therein. [With respect to a person
who is prohibited 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04362-01-9
A. 506 2
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.
A violation of this section shall constitute a class A misdemeanor.
§ 2. This act shall take effect immediately.