NY State Senate Bill 2021-S8164

Senate Bill S8164

2021-2022 Legislative Session

Establishes the crime of unlawful storage of a firearm leading to use in the commission of a crime

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.790
Jan 27, 2022	referred to codes

Votes

- Apr 25, 2022 - Codes Committee Vote
  S8164
  
  7
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 25, 2022
      
      aye (7)
      
      Bailey
      
      Biaggi
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Savino
      
      Sepúlveda
      
      nay (5)
      
      Akshar
      
      Brisport
      
      Gallivan
      
      O'Mara
      
      Palumbo
      
      aye wr (1)
      
      Myrie

co-Sponsors

2021-S8164 (ACTIVE) - Details

See Assembly Version of this Bill:: A9573
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §265.46, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S2446

2021-S8164 (ACTIVE) - Summary

Establishes the crime of unlawful storage of a firearm leading to use in the commission of a crime which is a class E felony.

2021-S8164 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8164

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
unlawful storage of a firearm leading to use in the commission of a
crime

 
PURPOSE:

This legislation would make it a class E Felony when a person fails to
safely store their rifle, shotgun or firearm as required pursuant to New
York's safe storage law when the weapon is used in the commission of a
crime by another individual which reasonably would have been prevented
if the weapon had been stored in accordance with the safe storage law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new Penal Law section to make it a class E Felony when
a person fails to safely store their rifle, shotgun or firearm as
required pursuant to section 265.45 of the Penal law, if the weapon is

used in the commission of a crime by another individual which reasonably
would have been prevented if the weapon had been stored in accordance
with the safe storage law.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2019 it became law to require the safe storage of a rifle, shotgun or
firearm. This critical law is aimed at ensuring that gun owners properly
store these weapons in certain enumerated instances. Violation of this
section is Class A Misdemeanor. This legislation seeks to make it a
class E Felony when an individual who is required to safely store their
weapon under Section 265.45, fails to do so, and that weapon is used in
the commission of a crime that reasonably would have been prevented if
the gun owner had taken the lawful safe storage steps.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8164 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8164
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced  by  Sens. KAPLAN, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   unlawful  storage  of  a firearm leading to use in the commission of a
   crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 265.46 to
 read as follows:
 § 265.46 UNLAWFUL STORAGE OF A FIREARM LEADING TO USE IN THE  COMMISSION
            OF A CRIME.
   A  PERSON IS GUILTY OF UNLAWFUL STORAGE OF A FIREARM LEADING TO USE IN
 THE COMMISSION OF A CRIME WHEN A PERSON FAILS TO SAFELY STORE  A  RIFLE,
 SHOTGUN  OR FIREARM AS REQUIRED PURSUANT TO SECTION 265.45 OF THIS ARTI-
 CLE, AND SUCH RIFLE, SHOTGUN OR FIREARM IS USED IN THE COMMISSION  OF  A
 CRIME  BY  ANOTHER INDIVIDUAL WHICH REASONABLY WOULD HAVE BEEN PREVENTED
 IF SUCH RIFLE, SHOTGUN OR FIREARM WAS STORED IN ACCORDANCE WITH  SECTION
 265.45 OF THIS ARTICLE.
   UNLAWFUL  STORAGE  OF  A FIREARM LEADING TO USE IN THE COMMISSION OF A
 CRIME IS A CLASS E FELONY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13965-03-2

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Senate Bill S8164

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Sponsored By

Anna M. Kaplan