assembly Bill A1180

2021-2022 Legislative Session

Enacts the "children's weapon accident prevention act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 07, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

A1180 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §§265.60 - 265.85, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5844
2011-2012: A3292
2013-2014: A3941
2015-2016: A5278
2017-2018: A1990
2019-2020: A425

A1180 (ACTIVE) - Summary

Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon safely, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.

A1180 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1180
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. ABINANTI, GOTTFRIED, FERNANDEZ, McDONOUGH, FAHY,
   EPSTEIN, SAYEGH, LAVINE, COLTON, WILLIAMS, TAYLOR,  HYNDMAN,  GRIFFIN,
   DAVILA, STECK -- read once and referred to the Committee on Codes
 
 AN  ACT  to amend the penal law, the general business law and the educa-
   tion law, in relation to criminally negligent storage of a weapon  and
   weapons safety programs for children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title; construction. 1. This act shall be  known  and
 may be cited as the "children's weapon accident prevention act".
   2.  The  provisions  of  this act shall not be construed to preempt or
 supersede any local law the provisions of which are no less stringent or
 restrictive than the provisions of this act.
   § 2. Legislative findings and intent. The  legislature  finds  that  a
 tragically  large  number  of  children have been accidentally killed or
 seriously injured by negligently stored weapons;  that  placing  weapons
 within  reach  or  easy  access of children is irresponsible, encourages
 such accidents and should be prohibited; and that legislative action  is
 necessary to protect the safety of our children.
   §  3.  Section  265.00  of the penal law is amended by adding five new
 subdivisions 32, 33, 34, 35 and 36 to read as follows:
   32. "WEAPON" MEANS A "RIFLE", "SHOTGUN" OR "FIREARM".
   33. "LOCKED BOX" MEANS A SAFE, CASE OR CONTAINER WHICH,  WHEN  LOCKED,
 IS  INCAPABLE  OF  BEING  OPENED  WITHOUT  THE KEY, COMBINATION OR OTHER
 UNLOCKING MECHANISM, AND IS RESISTANT TO TAMPERING  BY  AN  UNAUTHORIZED
 PERSON  ATTEMPTING  TO  OBTAIN ACCESS TO AND POSSESSION OF THE WEAPON OR
 AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP
 AND PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC  DEVICES
 OR  THE  MINIMUM  STANDARDS  AND  CRITERIA  THEREFOR WHICH CONSTITUTE AN
 EFFECTIVE LOCKED BOX.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00698-01-1