S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3880
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of A. ABINANTI, PAULIN, STECK, SEAWRIGHT, GOTTFRIED,
   FERNANDEZ, McDONOUGH, FAHY, EPSTEIN, SAYEGH, COLTON, WILLIAMS, TAYLOR,
   HYNDMAN, GRIFFIN, DAVILA -- Multi-Sponsored by -- M. of A. COOK, GLICK
   -- 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 chapter  133
 of the laws of 2019, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00703-01-1

 A. 3880                             2
 
 safe storage of rifles, shotguns or  firearms  which  impose  additional
 requirements on the owner or custodian of such weapons.
   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. This act shall take effect immediately.