S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1804
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (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:
    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.
   22    2. "SAFE STORAGE DEPOSITORY" MEANS A SAFE OR  OTHER  SECURE  CONTAINER
   23  WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04875-01-3
       S. 1804                             2
    1  NATION,  OR  OTHER  UNLOCKING  MECHANISM AND IS CAPABLE OF PREVENTING AN
    2  UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
    3  ON CONTAINED THEREIN. THE DIVISION OF STATE  POLICE  SHALL  DEVELOP  AND
    4  PROMULGATE  RULES  AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR
    5  THE MINIMUM STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE  AN  EFFEC-
    6  TIVE SAFE STORAGE DEPOSITORY.
    7    3.  "SAFETY LOCKING DEVICE" MEANS A DESIGN ADAPTATION, ATTACHED ACCES-
    8  SORY, OR DEVICE INSTALLED THAT, WHEN ACTIVATED, ATTACHED, OR  INSTALLED,
    9  PREVENTS  THE  DISCHARGE OR FIRING OF THE WEAPON.  THE DIVISION OF STATE
   10  POLICE SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING  FORTH
   11  THE  SPECIFIC  DEVICES  OR  THE  MINIMUM STANDARDS AND CRITERIA THEREFOR
   12  WHICH CONSTITUTE AN EFFECTIVE GUN LOCKING DEVICE.
   13    4. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", OR "MACHINE GUN".
   14  S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
   15    THE PROVISIONS OF SECTION 265.52 SHALL NOT APPLY TO ANY DULY  LICENSED
   16  MANUFACTURER OF WEAPONS.
   17  S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
   18    A  PERSON  IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND
   19  DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
   20  POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
   21  OR HER IMMEDIATE POSSESSION OR CONTROL  WITHOUT  HAVING  FIRST  SECURELY
   22  LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
   23  IT INCAPABLE OF BEING FIRED BY THE USE OF A SAFETY LOCKING DEVICE APPRO-
   24  PRIATE TO THAT WEAPON.
   25    FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
   26  S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
   27    A  PERSON  IS  GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
   28  DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE  A  WEAPON
   29  SAFELY  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 265.52 AND HAS BEEN
   30  PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A WEAPON  SAFELY
   31  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 265.52 WITHIN THE PRECEDING
   32  TEN YEARS.
   33    FAILURE TO STORE A WEAPON SAFELY IN THE FIRST  DEGREE  IS  A  CLASS  A
   34  MISDEMEANOR.
   35  S 265.55 AGGRAVATED  FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE SECOND
   36             DEGREE.
   37    A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN
   38  THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   39  A  WEAPON  SAFELY  IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND
   40  SUCH WEAPON IS REMOVED BY ANY OTHER PERSON FROM THE  PREMISES  WHERE  IT
   41  WAS STORED UNSAFELY.
   42    AGGRAVATED  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A
   43  CLASS A MISDEMEANOR.
   44  S 265.56 AGGRAVATED FAILURE TO  STORE  A  WEAPON  SAFELY  IN  THE  FIRST
   45             DEGREE.
   46    A  PERSON  IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
   47  THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO  STORE
   48  A  WEAPON  SAFELY  IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 AND
   49  SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR INDIRECTLY, PHYS-
   50  ICAL INJURY, SERIOUS PHYSICAL INJURY, OR DEATH TO ANY OTHER PERSON.
   51    AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE  IS  A
   52  CLASS E FELONY.
   53  S  265.57  AGGRAVATED  FAILURE  TO  STORE  A  WEAPON SAFELY IN THE FIRST
   54             DEGREE; APPLICATION.
   55    IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 IS THE PARENT
   56  OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS THE RESULT OF  SUCH
       S. 1804                             3
    1  VIOLATION,  THE  DISTRICT  ATTORNEY SHALL CONSIDER, AMONG OTHER FACTORS,
    2  THE IMPACT OF THE INJURY OR DEATH ON THE  PERSON  WHO  IS  SUSPECTED  OF
    3  VIOLATING  SECTION 265.56 WHEN DECIDING WHETHER OR NOT TO PROSECUTE SUCH
    4  PERSON FOR SUCH CRIME.
    5    A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
    6  OF  A  VIOLATION  OF  SECTION  265.56  SHALL BE PROSECUTED ONLY IN THOSE
    7  INSTANCES IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A RECKLESS MANNER.
    8  S 265.58 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
    9    NO PERSON SHALL SELL, DELIVER,  OR  TRANSFER  ANY  WEAPON  TO  ANOTHER
   10  PERSON  UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE, DELIVERY,
   11  OR TRANSFER WITH:
   12    1. A SAFETY LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT  PARTIC-
   13  ULAR WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
   14    2.  A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE TWENTY-
   15  FOUR POINT TYPE ON EIGHT AND ONE-HALF  INCHES  BY  ELEVEN  INCHES  PAPER
   16  STATING IN BOLD PRINT THE FOLLOWING WARNING:
   17                                   WARNING
   18  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
   19  EITHER BE STORED WITH A SAFETY LOCKING  DEVICE  OR  IN  A  SAFE  STORAGE
   20  DEPOSITORY  OR  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
   21  OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE  STORED
   22  UNLOADED  AND  LOCKED  IN  A  LOCATION SEPARATE FROM AMMUNITION. LEAVING
   23  FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO
   24  IMPRISONMENT, FINE, OR BOTH.
   25    FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
   26  S 265.59 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
   27    A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN  THE  FIRST  DEGREE
   28  WHEN  HE  OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE
   29  SECOND DEGREE AS DEFINED IN  SECTION  265.58  AND  HAS  BEEN  PREVIOUSLY
   30  CONVICTED  OF  THE  OFFENSE  OF  FAILURE TO PROVIDE NOTICE IN THE SECOND
   31  DEGREE AS DEFINED IN SECTION 265.58 WITHIN THE PRECEDING TEN YEARS.
   32    FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
   33  NOR.
   34    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   35  vision 18 to read as follows:
   36    18.  UPON  THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING OFFICER
   37  SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN  CONSPICUOUS  AND  LEGIBLE
   38  TWENTY-FOUR  POINT  TYPE  ON  EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
   39  PAPER STATING IN BOLD PRINT THE FOLLOWING:
   40                                    WARNING
   41  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
   42  EITHER BE STORED WITH A SAFETY LOCKING  DEVICE  OR  IN  A  SAFE  STORAGE
   43  DEPOSITORY  OR  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
   44  OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE  STORED
   45  UNLOADED  AND  LOCKED  IN  A  LOCATION SEPARATE FROM AMMUNITION. LEAVING
   46  FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSONS MAY  SUBJECT  YOU
   47  TO IMPRISONMENT, FINE, OR BOTH.
   48    S  5.  Subdivision 2 of section 396-ee of the general business law, as
   49  added by chapter 189 of the laws of 2000, is amended to read as follows:
   50    (2) Every person, firm or corporation engaged in the  retail  business
   51  of  selling  rifles,  shotguns or firearms, as such terms are defined in
   52  section 265.00 of the penal law, shall, in the place where such  rifles,
   53  shotguns or firearms are displayed or transferred to the purchaser, post
   54  a  notice conspicuously stating in bold print that: ["The use of a lock-
   55  ing device or safety lock is only  one  aspect  of  responsible  firearm
   56  storage.    For  increased safety firearms should be stored unloaded and
       S. 1804                             4
    1  locked in a location that is both separate  from  their  ammunition  and
    2  inaccessible to children and any other unauthorized person."] "RESPONSI-
    3  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
    4  BE  STORED  WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY
    5  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER
    6  OR OTHER LAWFUL POSSESSOR.   FIREARMS  SHOULD  BE  STORED  UNLOADED  AND
    7  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    8  BLE  TO  A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT,
    9  FINE, OR BOTH."
   10    S 6. If any word, phrase, clause,  sentence,  paragraph,  section,  or
   11  part  of  this act shall be adjudged by any court of competent jurisdic-
   12  tion to be invalid, such judgment shall not affect, impair,  or  invali-
   13  date  the  remainder  thereof, but shall be confined in its operation to
   14  the words, phrase, clause, sentence, paragraph, section, or part thereof
   15  directly involved in the controversy in which such judgment  shall  have
   16  been rendered.
   17    S 7. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.