Senate Bill S2328

                                 
BILL NUMBER: S2328

SPONSOR: GOUNARDES
 
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 and 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 and section 265.46 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 sets 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 prop-
erly 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 and Section 265.46 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:

2024: S2446 - Referred to Codes

2023: S2446 - Referred to Codes

2022: S8164 - Committed to Rules

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.