S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3221
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  COOK,  CYMBROWITZ, DINOWITZ, GALEF,
         JACOBS, ORTIZ, ENGLEBRIGHT, ROSENTHAL, ABINANTI, COLTON, JAFFEE, KELL-
         NER, MAYER, SCARBOROUGH, WEINSTEIN -- Multi-Sponsored by -- M.  of  A.
         ARROYO,  AUBRY,  BRENNAN,  CLARK,  GOTTFRIED,  HOOPER, MILLMAN, PERRY,
         WRIGHT -- read once and referred 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:
    1    Section 1. Short title; construction.  1. This act shall be known  and
    2  may be cited as the "safe weapon storage act".
    3    2.  The  provisions  of  this act shall not be construed to preempt or
    4  supersede any local law the provisions of which are no less stringent or
    5  restrictive than the provisions of this act.
    6    S 2. Legislative findings. The legislature hereby finds the following:
    7    The presence of unsecured, easily accessible,  weapons  in  homes  and
    8  other  places increases the likelihood of death or injury from accidents
    9  and impulsive acts. Guns left unattended must be kept locked  or  stored
   10  securely  to  prevent  access by children and others who should not have
   11  access to them. Gun owners and other lawful possessors  are  responsible
   12  for  keeping  their  weapons from falling into the hands of children and
   13  other unauthorized individuals.
   14    S 3. The penal law is amended by  adding  nine  new  sections  265.50,
   15  265.51,  265.52,  265.53,  265.55,  265.56, 265.57, 265.58 and 265.59 to
   16  read as follows:
   17  S 265.50 DEFINITIONS; SAFE WEAPON STORAGE.
   18    AS USED IN SECTIONS 265.51 THROUGH 265.59 OF THIS ARTICLE, THE FOLLOW-
   19  ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   20    1. "PERSON"  INCLUDES  A  NATURAL  PERSON,  CORPORATION,  PARTNERSHIP,
   21  LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04875-01-3
       A. 3221                             2
    1    2.  "SAFE  STORAGE  DEPOSITORY" MEANS A SAFE OR OTHER SECURE CONTAINER
    2  WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
    3  NATION, OR OTHER UNLOCKING MECHANISM AND IS  CAPABLE  OF  PREVENTING  AN
    4  UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
    5  ON  CONTAINED  THEREIN.  THE  DIVISION OF STATE POLICE SHALL DEVELOP AND
    6  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC  DEVICES  OR
    7  THE  MINIMUM  STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
    8  TIVE SAFE STORAGE DEPOSITORY.
    9    3. "SAFETY LOCKING DEVICE" MEANS A DESIGN ADAPTATION, ATTACHED  ACCES-
   10  SORY,  OR DEVICE INSTALLED THAT, WHEN ACTIVATED, ATTACHED, OR INSTALLED,
   11  PREVENTS THE DISCHARGE OR FIRING OF THE WEAPON.  THE DIVISION  OF  STATE
   12  POLICE  SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING FORTH
   13  THE SPECIFIC DEVICES OR THE  MINIMUM  STANDARDS  AND  CRITERIA  THEREFOR
   14  WHICH CONSTITUTE AN EFFECTIVE GUN LOCKING DEVICE.
   15    4. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", OR "MACHINE GUN".
   16  S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
   17    THE  PROVISIONS OF SECTION 265.52 SHALL NOT APPLY TO ANY DULY LICENSED
   18  MANUFACTURER OF WEAPONS.
   19  S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
   20    A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN  THE  SECOND
   21  DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
   22  POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
   23  OR  HER  IMMEDIATE  POSSESSION  OR CONTROL WITHOUT HAVING FIRST SECURELY
   24  LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
   25  IT INCAPABLE OF BEING FIRED BY THE USE OF A SAFETY LOCKING DEVICE APPRO-
   26  PRIATE TO THAT WEAPON.
   27    FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
   28  S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
   29    A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY  IN  THE  FIRST
   30  DEGREE  WHEN  HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON
   31  SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52  AND  HAS  BEEN
   32  PREVIOUSLY  CONVICTED OF THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY
   33  IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 WITHIN  THE  PRECEDING
   34  TEN YEARS.
   35    FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS A
   36  MISDEMEANOR.
   37  S 265.55 AGGRAVATED FAILURE TO STORE  A  WEAPON  SAFELY  IN  THE  SECOND
   38             DEGREE.
   39    A  PERSON  IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
   40  THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   41  A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN  SECTION  265.52  AND
   42  SUCH  WEAPON  IS  REMOVED BY ANY OTHER PERSON FROM THE PREMISES WHERE IT
   43  WAS STORED UNSAFELY.
   44    AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS  A
   45  CLASS A MISDEMEANOR.
   46  S 265.56 AGGRAVATED  FAILURE  TO  STORE  A  WEAPON  SAFELY  IN THE FIRST
   47             DEGREE.
   48    A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN
   49  THE  FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   50  A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN  SECTION  265.52  AND
   51  SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR INDIRECTLY, PHYS-
   52  ICAL INJURY, SERIOUS PHYSICAL INJURY, OR DEATH TO ANY OTHER PERSON.
   53    AGGRAVATED  FAILURE  TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A
   54  CLASS E FELONY.
   55  S 265.57 AGGRAVATED FAILURE TO  STORE  A  WEAPON  SAFELY  IN  THE  FIRST
   56             DEGREE; APPLICATION.
       A. 3221                             3
    1    IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 IS THE PARENT
    2  OR  GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS THE RESULT OF SUCH
    3  VIOLATION, THE DISTRICT ATTORNEY SHALL CONSIDER,  AMONG  OTHER  FACTORS,
    4  THE  IMPACT  OF  THE  INJURY  OR DEATH ON THE PERSON WHO IS SUSPECTED OF
    5  VIOLATING  SECTION 265.56 WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH
    6  PERSON FOR SUCH CRIME.
    7    A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
    8  OF A VIOLATION OF SECTION 265.56  SHALL  BE  PROSECUTED  ONLY  IN  THOSE
    9  INSTANCES IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A RECKLESS MANNER.
   10  S 265.58 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
   11    NO  PERSON  SHALL  SELL,  DELIVER,  OR  TRANSFER ANY WEAPON TO ANOTHER
   12  PERSON UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE,  DELIVERY,
   13  OR TRANSFER WITH:
   14    1.  A SAFETY LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTIC-
   15  ULAR WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
   16    2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE  TWENTY-
   17  FOUR  POINT  TYPE  ON  EIGHT  AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
   18  STATING IN BOLD PRINT THE FOLLOWING WARNING:
   19                                   WARNING
   20  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
   21  EITHER  BE  STORED  WITH  A  SAFETY  LOCKING DEVICE OR IN A SAFE STORAGE
   22  DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION  AND  CONTROL
   23  OF  THE  OWNER  OR  OTHER  LAWFUL POSSESSOR.   FIREARMS SHOULD BE STORED
   24  UNLOADED AND LOCKED IN A  LOCATION  SEPARATE  FROM  AMMUNITION.  LEAVING
   25  FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO
   26  IMPRISONMENT, FINE, OR BOTH.
   27    FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
   28  S 265.59 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
   29    A  PERSON  IS  GUILTY OF FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE
   30  WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE  IN  THE
   31  SECOND  DEGREE  AS  DEFINED  IN  SECTION  265.58 AND HAS BEEN PREVIOUSLY
   32  CONVICTED OF THE OFFENSE OF FAILURE TO  PROVIDE  NOTICE  IN  THE  SECOND
   33  DEGREE AS DEFINED IN SECTION 265.58 WITHIN THE PRECEDING TEN YEARS.
   34    FAILURE  TO  PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS B MISDEMEA-
   35  NOR.
   36    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   37  vision 18 to read as follows:
   38    18. UPON THE ISSUANCE OR RENEWAL OF A LICENSE, THE  LICENSING  OFFICER
   39  SHALL  ISSUE  THEREWITH  THE FOLLOWING NOTICE IN CONSPICUOUS AND LEGIBLE
   40  TWENTY-FOUR POINT TYPE ON EIGHT AND ONE-HALF  INCHES  BY  ELEVEN  INCHES
   41  PAPER STATING IN BOLD PRINT THE FOLLOWING:
   42                                    WARNING
   43  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
   44  EITHER  BE  STORED  WITH  A  SAFETY  LOCKING DEVICE OR IN A SAFE STORAGE
   45  DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION  AND  CONTROL
   46  OF  THE  OWNER  OR  OTHER  LAWFUL POSSESSOR.   FIREARMS SHOULD BE STORED
   47  UNLOADED AND LOCKED IN A  LOCATION  SEPARATE  FROM  AMMUNITION.  LEAVING
   48  FIREARMS  ACCESSIBLE  TO A CHILD OR UNAUTHORIZED PERSONS MAY SUBJECT YOU
   49  TO IMPRISONMENT, FINE, OR BOTH.
   50    S 5. Subdivision 2 of section 396-ee of the general business  law,  as
   51  added by chapter 189 of the laws of 2000, is amended to read as follows:
   52    (2)  Every  person, firm or corporation engaged in the retail business
   53  of selling rifles, shotguns or firearms, as such terms  are  defined  in
   54  section  265.00 of the penal law, shall, in the place where such rifles,
   55  shotguns or firearms are displayed or transferred to the purchaser, post
   56  a notice conspicuously stating in bold print that: ["The use of a  lock-
       A. 3221                             4
    1  ing  device  or  safety  lock  is only one aspect of responsible firearm
    2  storage.  For increased safety firearms should be  stored  unloaded  and
    3  locked  in  a  location  that is both separate from their ammunition and
    4  inaccessible to children and any other unauthorized person."] "RESPONSI-
    5  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
    6  BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE  STORAGE  DEPOSITORY
    7  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER
    8  OR  OTHER  LAWFUL  POSSESSOR.    FIREARMS  SHOULD BE STORED UNLOADED AND
    9  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   10  BLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU  TO  IMPRISONMENT,
   11  FINE, OR BOTH."
   12    S  6.  If  any  word, phrase, clause, sentence, paragraph, section, or
   13  part of this act shall be adjudged by any court of  competent  jurisdic-
   14  tion  to  be invalid, such judgment shall not affect, impair, or invali-
   15  date the remainder thereof, but shall be confined in  its  operation  to
   16  the words, phrase, clause, sentence, paragraph, section, or part thereof
   17  directly  involved  in the controversy in which such judgment shall have
   18  been rendered.
   19    S 7. This act shall take effect on the first of November next succeed-
   20  ing the date on which it shall have become a law.