Bill S1804-2013

Requires the safe storage of all guns, either in a safe or with a locking device, and provides penalties for simple and complex violations; requires notices

Requires the safe storage of all guns, either in a safe or with a locking device, and provides penalties for simple and complex violations (removal from premises, injury or death results); requires notices to be furnished upon transfer of guns and issuance/renewal of licenses; defines guns as weapons in the form of rifles, shotguns, and firearms; enacts the "safe gun storage act"; does not preempt local laws no less restrictive or stringent.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1804

TITLE OF BILL: An act to amend the penal law and the general business law, in relation to safe weapon storage

PURPOSE OR GENERAL IDEA OF BILL: To provide regulations for safe storage of firearms in order to prevent injury and death, particularly in children, by unintentional access, discharge and use of weapons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The act shall be known as the "safe weapon storage act."

Section 2: Recites the legislative findings.

Section 3: Nine new sections amending the penal law to include:

§ 265.50 defines "safe storage depository", "safety locking device"and "weapon"; 5255.51 excludes any duly licensed manufacturer of weapons from § 265.52;

§ 265.52 defines failure to store safely in the second degree as unsafe Storage or leaving of a weapon when not in immediate possession or control, thereby resulting in a violation;

§ 255.53 defines failure to store safely in the first degree as failing to store a weapon safely in the second degree and the person has been Previously convicted of failure to store a weapon safely in the second degree within the preceding 10 years, thereby resulting in a class A misdemeanor;

§ 265.55 defines aggravated failure to store a weapon safely in the second degree as failing to store a weapon safely in the second degree and the weapon is removed by any other person from premises where it was unsafely stored, thereby resulting in a class A misdemeanor;

§ 265.56 defines aggravated failure to store a weapon safely in the first degree as failing to store a weapon safely in the second degree and the weapon discharges and thereby causes, directly or indirectly, physical injury, serious physical injury or death to any other person, thereby resulting in a class E felony;

§ 265.57 requires the district attorney to consider when deciding whether or not to prosecute a parent or guardian of a child who is injured or who dies as the result of a violation of § 255.56, the impact of the injury or death on such parent or guardian, among other factors, and provides that such reach for an available firearm in a moment of distress. Studies indicate mere presence of an available firearm in the house increases teen suicide. In 1997, 53 children under 18 were killed in firearm homicides and 178 were injured seriously enough to be hospitalized. (Above are New York State Department of Health figures.)

Many of these firearms came from homes where they were unlocked. A 1996 report issued by the State Department of Health indicated that a substantial number of firearm owners in New York State do not properly

secure their firearms. The report, Firearm Ownership and Safe Storage in New York State, concluded, 38% reported some form of unsafe storage, where unsafe storage is defined as either failing to lock all firearms or to secure ammunition separately in a locked place.

The intent of this legislation is to encourage safe firearm storage before incidents occur. Finally, safe storage laws work. Seventeen states, including Connecticut, New Jersey and Massachusetts, have passed these laws. Accidental firearm deaths of children were reduced 23% in states with Child Access Prevention/Safe Gun Storage (CAP) laws, according to a study published in the Journal of the American Medical Association on October 1, 1997.

PRIOR LEGISLATIVE HISTORY: A.1094, 2009 and 2010 Referred to Codes. A.7303, 2007 and 2008 Referred to Codes. Same as S.7475, 2008 Referred to Codes. A.2083, 2005 and 2006 Referred to Codes. A.4555, 2004 Referred to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have becomes a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1804 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ESPAILLAT, AVELLA, GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the general business law, in relation to safe weapon storage 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 "safe weapon storage 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. S 2. Legislative findings. The legislature hereby finds the following: The presence of unsecured, easily accessible, weapons in homes and other places increases the likelihood of death or injury from accidents and impulsive acts. Guns left unattended must be kept locked or stored securely to prevent access by children and others who should not have access to them. Gun owners and other lawful possessors are responsible for keeping their weapons from falling into the hands of children and other unauthorized individuals. S 3. The penal law is amended by adding nine new sections 265.50, 265.51, 265.52, 265.53, 265.55, 265.56, 265.57, 265.58 and 265.59 to read as follows: S 265.50 DEFINITIONS; SAFE WEAPON STORAGE. AS USED IN SECTIONS 265.51 THROUGH 265.59 OF THIS ARTICLE, THE FOLLOW- ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "PERSON" INCLUDES A NATURAL PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY. 2. "SAFE STORAGE DEPOSITORY" MEANS A SAFE OR OTHER SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
NATION, OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF PREVENTING AN UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP- ON 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 EFFEC- TIVE SAFE STORAGE DEPOSITORY. 3. "SAFETY LOCKING DEVICE" MEANS A DESIGN ADAPTATION, ATTACHED ACCES- SORY, OR DEVICE INSTALLED THAT, WHEN ACTIVATED, ATTACHED, OR INSTALLED, PREVENTS THE DISCHARGE OR FIRING OF THE WEAPON. 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 GUN LOCKING DEVICE. 4. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", OR "MACHINE GUN". S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY. THE PROVISIONS OF SECTION 265.52 SHALL NOT APPLY TO ANY DULY LICENSED MANUFACTURER OF WEAPONS. S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE. A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS OR HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED BY THE USE OF A SAFETY LOCKING DEVICE APPRO- PRIATE TO THAT WEAPON. FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION. S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE. A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND HAS BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 WITHIN THE PRECEDING TEN YEARS. FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR. S 265.55 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE. A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND SUCH WEAPON IS REMOVED BY ANY OTHER PERSON FROM THE PREMISES WHERE IT WAS STORED UNSAFELY. AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 265.56 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE. A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR INDIRECTLY, PHYS- ICAL INJURY, SERIOUS PHYSICAL INJURY, OR DEATH TO ANY OTHER PERSON. AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A CLASS E FELONY. S 265.57 AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE; APPLICATION. IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 IS THE PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS THE RESULT OF SUCH
VIOLATION, THE DISTRICT ATTORNEY SHALL CONSIDER, AMONG OTHER FACTORS, THE IMPACT OF THE INJURY OR DEATH ON THE PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH PERSON FOR SUCH CRIME. A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT OF A VIOLATION OF SECTION 265.56 SHALL BE PROSECUTED ONLY IN THOSE INSTANCES IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A RECKLESS MANNER. S 265.58 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE. NO PERSON SHALL SELL, DELIVER, OR TRANSFER ANY WEAPON TO ANOTHER PERSON UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE, DELIVERY, OR TRANSFER WITH: 1. A SAFETY LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTIC- ULAR WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND 2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE TWENTY- FOUR POINT TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES PAPER STATING IN BOLD PRINT THE FOLLOWING WARNING: WARNING RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION. S 265.59 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE. A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE AS DEFINED IN SECTION 265.58 AND HAS BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE AS DEFINED IN SECTION 265.58 WITHIN THE PRECEDING TEN YEARS. FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS B MISDEMEA- NOR. S 4. Section 400.00 of the penal law is amended by adding a new subdi- vision 18 to read as follows: 18. UPON THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING OFFICER SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN CONSPICUOUS AND LEGIBLE TWENTY-FOUR POINT TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES PAPER STATING IN BOLD PRINT THE FOLLOWING: WARNING RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSONS MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. S 5. Subdivision 2 of section 396-ee of the general business law, as added by chapter 189 of the laws of 2000, is amended to read as follows: (2) Every person, firm or corporation engaged in the retail business of selling rifles, shotguns or firearms, as such terms are defined in section 265.00 of the penal law, shall, in the place where such rifles, shotguns or firearms are displayed or transferred to the purchaser, post a notice conspicuously stating in bold print that: ["The use of a lock- ing device or safety lock is only one aspect of responsible firearm storage. For increased safety firearms should be stored unloaded and
locked in a location that is both separate from their ammunition and inaccessible to children and any other unauthorized person."]
"RESPONSI- BLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI- BLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH." S 6. If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair, or invali- date the remainder thereof, but shall be confined in its operation to the words, phrase, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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