The New York State Senate

                    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.