S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5665
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2013
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee 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:
    1    Section  1.  Section 265.45 of the penal law, as added by chapter 1 of
    2  the laws of 2013, is amended to read as follows:
    3  S 265.45 Safe storage of rifles, shotguns, and firearms.
    4    No person who owns or is custodian of a rifle, shotgun or firearm [who
    5  resides with an individual who such person knows or has reason  to  know
    6  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. S 922(g)
    7  (1), (4), (8) or (9)] shall store or otherwise leave such rifle, shotgun
    8  or firearm out of his or her immediate  possession  or  control  without
    9  having first securely locked such rifle, shotgun or firearm in an appro-
   10  priate  safe  storage depository or rendered it incapable of being fired
   11  by use of a gun locking device appropriate to that weapon. For  purposes
   12  of  this  section  "safe  storage depository" shall mean a safe or other
   13  secure container which, when locked, is incapable of being opened  with-
   14  out  the key, combination or other unlocking mechanism and is capable of
   15  preventing  an  unauthorized  person  from  obtaining  access   to   and
   16  possession  of  the  weapon contained therein. [With respect to a person
   17  who is prohibited from  possessing  a  firearm  pursuant  to  18  USC  S
   18  922(g)(9),  for  purposes  of this section, this section applies only if
   19  such person has been convicted of a crime included in subdivision one of
   20  section 370.15 of the criminal procedure law and such gun  is  possessed
   21  within five years from the later of the date of conviction or completion
   22  of sentence.]
   23    A violation of this section shall constitute a class A misdemeanor.
   24    S  2.  This  act  shall  take  effect on the same date and in the same
   25  manner as section 47 of chapter 1 of the laws of 2013, as amended, takes
   26  effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08693-01-3