Rpld §2, Chap 19 of 2019; amd §§265.45 & 400.00, add §265.50, Pen L; amd §396-ee, Gen Bus L
 
Amends provisions relating to requirements for the safe storage of rifles, shotguns and firearms; requires sellers to provide notice of the duty to use gun locking devices and otherwise lock guns away from children and other persons not authorized to possess them.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2686A
SPONSOR: Paulin (MS)
 
TITLE OF BILL: An act to amend the penal law and the general business
law, in relation to storage of firearms; and to repeal section 2 of
chapter 19 of the laws of 2019 amending the civil practice law and rules
and the penal law relating to establishing extreme risk protection
orders as court-issued orders of protection prohibiting a person from
purchasing, possessing or attempting to purchase or possess a firearm,
rifle or shotgun, relating thereto
 
PURPOSE:
To provide regulations for safe storage of firearms in order to prevent
injury and death, particularly of children, by unintentional access,
discharge and use of weapons.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one makes a technical change to merge provisions made to this
section by previous legislation.
Section one amends section 265.45 of the penal law to provide that no
person who owns or has custody of a rifle, shotgun, or firearm who
resides with an individual who is under sixteen years of age or who such
person knows or has reason to know is prohibited from possessing a
firearm shall store or otherwise leave such rifle, shotgun or firearm
out of his or her immediate possession or control without having first
securely locked such rifle, shotgun or firearm in an appropriate safe
storage depository or rendered it incapable of being fired by use of a
gun locking device appropriate to that weapon. Failure to safely store
rifles, shotguns, and firearms in the first degree is a class A misde-
meanor.
Section two amends the penal law by adding a new section 265.50 to
provide that no person who owns or is custodian of a rifle, shotgun or
firearm shall store or otherwise leave such rifle, shotgun or firearm
out of his or her immediate possession or control without having first
securely locked such rifle, shotgun or firearm in an appropriate safe
storage depository or rendered it incapable of being fired by use of a
gun locking device appropriate to that weapon. Failure to safely store
rifles, shotguns, and firearms in the second degree is punishable by a
fine of not more than two hundred and fifty dollars.
Section three amends section 400.00 of the penal law by adding a new
subdivision 18, to require the licensing officer to issue a notice set
forth in the subdivision in conspicuous and legible type upon the issu-
ance of a license.This section also states that nothing in this subdivi-
sion shall be deemed to affect, impair or supersede any special or local
law relating to providing notice regarding the safe storage of rifles,
shotguns or firearms.
Section four amends subdivision 2 of § 396-ee of the general business
law, to provide the text of the notice that every person, firm or corpo-
ration engaged in the retail business of selling rifles, shotguns, or
firearms must post conspicuously in bold print in the p lace where such
rifles, shotguns, or firearms are displayed or transferred to a purchas-
er. This section also states that nothing in this subdivision shall be
deemed to affect, impair or supersede any special or local law relating
to the posting of notice regarding the safe storage of rifles, shotguns
or firearms.
Section five is a severability provision and section six provides the
effective date.
 
JUSTIFICATION:
In 2001, legislation was passed to require the purchase of a safety
locking device with the purchase or transfer of a firearm. In 2013, the
SAFE Act was enacted, which included a provision that requires safe
storage of a firearm; however, that provision applies only to a person
who owns or is custodian of a rifle, shotgun or firearm who resides with
an individual who such person knows or has reason to know is prohibited
from possessing a firearm under specific provisions of federal law. And
the SAFE Act does not provide for the safe storage of firearms in homes
when and where children are present. This legislation would provide for
criminal penalties for any person who resides with a child under the age
of 16 and who stores or otherwise leaves a rifle, shotgun or firearm out
of his or her immediate possession or control without having first
securely locked such rifle, shotgun or firearm in an appropriate safe
storage depository or rendered it incapable of being fired by using an
appropriate gun locking device. A violation will result if any person
stores or otherwise leaves a rifle, shotgun or firearm out of his or her
immediate possession or control without having first securely locked
such rifle, shotgun or firearm in an appropriate safe storage depository
or rendered it incapable of being fired by using an appropriate gun
locking device.
In 2011, firearms killed 997 New Yorkers. Of these, 466 deaths were
homicides (47%), 505 were suicides (51%), 12 were unintentional (1%) and
14 were legal (1%). Safe storage is one way to help reduce the firearm
death and injury rate in New York State.
Safe storage may reduce theft and use of firearms in crime. It is esti-
mated that each year in the United States, half a million firearms are
stolen. Safe storage is particularly important in keeping firearms out
of the hands of children and young people. A 2005 study of adult firearm
storage practices found that almost 2 million children under age 18 live
in homes with easily accessible loaded and/or unlocked guns. 116 Pedia-
trics e3701-372 (Sept. 2005). We have learned that poorly stored guns
increase the risk of accidental gun deaths. Reducing-Gun Violence in
America: Informing Policy with Evidence and Analysis, Webster OW,
Vernick 35, ed. 2013, p. 13. Moreover, studies have shown that keeping
firearms locked and unloaded reduced unintentional injury in homes with
children and teens. 29 3 )AMA 707, 711-713 (2005). Each year in New York
State, on average 210 children ages 19 years and younger are treated at
a hospital because of an unintentional firearm injury, and 75 are
injured severely enough to be hospitalized. Two children in this age
group are killed each year in an unintentional firearm incident. A gun
kept in the home is 43 times more likely to be used to kill someone who
the family knows than to kill someone in self-defense. ( See
http://www.health.ny.gov/prevention/injury_prevention/children/fact_ sh
eets/birth-19_years/firearminjwiesbirth-19_years.htm).sk 1 This bill is
inspired by 12-year old Nicholas Naumkin, who was shot in the head by
his 12-year-old friend at his friend's home in Wilton, New York. His
friend was playing with his father's gun when he shot Nicholas. Nicholas
died the following day, on December 23, 2010. A middle school student in
Saratoga Springs, Nicholas was a talented young man with a passion for
acting, drawing and computer animation.
In 2011, in New York, 389 children under the age of 18 were hospitalized
with a nonfatal gun injury. Of these injuries, 314 were due to an
assault and 60 were accidental (National Inpatient Sample, 2011). In
2010, according to the Centers for Disease Control (WISQAR S), 116 chil-
dren under the age of 19 were killed by guns in New York - 93 were homi-
cides, 13 were suicides and ten were undetermined.
Child Access Prevention (CAP) laws, which include provisions similar to
those contained in this legislation, have been associated wit h lower
rates of unintentional gun deaths among children. Regulating Guns in
America: An Evaluation and Comparative Analysis of Federal, State and
http://nysks.state.ny.us/nyslbdclinavigate.cgRNVOTO:2/3
2/28/2019Legislative Information - LBDC Selected Local Gun Laws, p. 233,
published by Legal Community Against Violence, 2888. Currently, 27
states and the District of Columbia have enacted CAP laws, including
California, Connecticut, Florida, Illinois, Massachusetts, New Jersey,
Texas and Virginia. Studies have found CAP laws to be effective in
reducing accidental shootings of children by as much as 23%.
Preventing children from obtaining access to firearms by requiring safe
storage will enable us to prevent child accidents, suicides and school
incidents. First, safe storage can prevent those tragic, accidents where
a child finds a loaded firearm and accidentally shoots another child.
Safe storage can also reduce suicides, particularly by teens who may
reach for an available firearm in a moment of distress. Studies indicate
mere presence of an available firearm the house increases teen suicide.
Many of these firearms came from homes where they were unlocked. A 1998
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. Although we have been a leader in enacting
strong gun safety laws, we do not have CAP and safe storage laws crit-
ical to preventing gun accidents. Safe storage laws save lives.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
S. 2450--A A. 2686--A
Cal. No. 94 R. R. 23
2019-2020 Regular Sessions
SENATE - ASSEMBLY
January 24, 2019
___________
IN SENATE -- Introduced by Sens. KRUEGER, MAYER, ADDABBO, BAILEY, BENJA-
MIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,
GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
LIU, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SAVINO,
SEPULVEDA, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes -- reported favorably from said committee and committed to
the Committee on Rules -- ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. PAULIN, HEASTIE, LENTOL, PEOPLES-
STOKES, ABINANTI, ENGLEBRIGHT, JAFFEE, L. ROSENTHAL, GALEF, COOK,
ORTIZ, CYMBROWITZ, DINOWITZ, WEPRIN, FAHY, BRAUNSTEIN, MOSLEY,
BUCHWALD, STECK, COLTON, ROZIC, SEAWRIGHT, LAVINE, CRUZ, FRONTUS,
GRIFFIN, JACOBSON, PICHARDO, REYES, SAYEGH, STERN, D. ROSENTHAL,
BLAKE, RAMOS, FERNANDEZ -- Multi-Sponsored by -- M. of A. ARROYO,
AUBRY, CRESPO, DenDEKKER, GOTTFRIED, HEVESI, PERRY, RICHARDSON, SIMON,
THIELE, WRIGHT -- read once and referred to the Committee on Codes --
reported and referred to the Committee on Rules -- amended on the
special order of third reading, ordered reprinted as amended, retain-
ing its place on the special order of third reading
AN ACT to amend the penal law and the general business law, in relation
to storage of firearms; and to repeal section 2 of chapter 19 of the
laws of 2019 amending the civil practice law and rules and the penal
law relating to establishing extreme risk protection orders as court-
issued orders of protection prohibiting a person from purchasing,
possessing or attempting to purchase or possess a firearm, rifle or
shotgun, relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08626-07-9
S. 2450--A 2 A. 2686--A
1 Section 1. Section 2 of chapter 19 of the laws of 2019 amending the
2 civil practice law and rules and the penal law relating to establishing
3 extreme risk protection orders as court-issued orders of protection
4 prohibiting a person from purchasing, possessing or attempting to
5 purchase or possess a firearm, rifle or shotgun, is REPEALED.
6 § 1-a. Section 265.45 of the penal law, as amended by section 3 of
7 part FF of chapter 57 of the laws of 2013, is amended to read as
8 follows:
9 § 265.45 [Safe storage of] Failure to safely store rifles, shotguns, and
10 firearms in the first degree.
11 No person who owns or is custodian of a rifle, shotgun or firearm who
12 resides with an individual who [such person knows or has reason to know
13 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
14 (1), (4), (8) or (9)]: (i) is under sixteen years of age; (ii) such
15 person knows or has reason to know is prohibited from possessing a
16 rifle, shotgun or firearm pursuant to a temporary or final extreme risk
17 protection order issued under article sixty-three-A of the civil prac-
18 tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii)
19 such person knows or has reason to know is prohibited from possessing a
20 rifle, shotgun or firearm based on a conviction for a felony or a seri-
21 ous offense, shall store or otherwise leave such rifle, shotgun or
22 firearm out of his or her immediate possession or control without having
23 first securely locked such rifle, shotgun or firearm in an appropriate
24 safe storage depository or rendered it incapable of being fired by use
25 of a gun locking device appropriate to that weapon. For purposes of this
26 section "safe storage depository" shall mean a safe or other secure
27 container which, when locked, is incapable of being opened without the
28 key, combination or other unlocking mechanism and is capable of prevent-
29 ing an unauthorized person from obtaining access to and possession of
30 the weapon contained therein. [With respect to a person who is prohibit-
31 ed from possessing a firearm pursuant to 18 USC § 922(g)(9), for
32 purposes of this section, this section applies only if such person has
33 been convicted of a crime included in subdivision one of section 370.15
34 of the criminal procedure law and such gun is possessed within five
35 years from the later of the date of conviction or completion of
36 sentence.] Nothing in this section shall be deemed to affect, impair or
37 supersede any special or local act relating to the safe storage of
38 rifles, shotguns or firearms which impose additional requirements on the
39 owner or custodian of such weapons. The possession of a rifle or shot-
40 gun by a person less than sixteen years of age who is the holder of a
41 hunting license or permit issued pursuant to article eleven of the envi-
42 ronmental conservation law when used in accordance with such law shall
43 not be governed by this section.
44 [A violation of this section shall constitute] Failure to safely store
45 rifles, shotguns, and firearms in the first degree is a class A misde-
46 meanor.
47 § 2. The penal law is amended by adding a new section 265.50 to read
48 as follows:
49 § 265.50 Failure to safely store rifles, shotguns, and firearms in the
50 second degree.
51 No person who owns or is custodian of a rifle, shotgun or firearm and
52 knows, or has reason to know, that a person less than sixteen years of
53 age is likely to gain access to such rifle, shotgun or firearm shall
54 store or otherwise leave such rifle, shotgun or firearm out of his or
55 her immediate possession or control without having first securely locked
56 such rifle, shotgun or firearm in an appropriate safe storage depository
S. 2450--A 3 A. 2686--A
1 or rendered it incapable of being fired by use of a gun locking device
2 appropriate to that weapon. For purposes of this section "safe storage
3 depository" shall have the same meaning as such term is defined in
4 section 265.45 of this article. Nothing in this section shall be deemed
5 to affect, impair or supersede any special or local act relating to the
6 safe storage of rifles, shotguns or firearms which impose additional
7 requirements on the owner or custodian of such weapons. The possession
8 of a rifle or shotgun by a person less than sixteen years of age who is
9 the holder of a hunting license or permit issued pursuant to article
10 eleven of the environmental conservation law when used in accordance
11 with such law shall not be governed by this section.
12 Failure to safely store rifles, shotguns, and firearms in the second
13 degree is a violation punishable only by a fine of not more than two
14 hundred fifty dollars.
15 § 3. Section 400.00 of the penal law is amended by adding a new subdi-
16 vision 18 to read as follows:
17 18. Notice. Upon the issuance of a license, the licensing officer
18 shall issue therewith the following notice in conspicuous and legible
19 twenty-four point type on eight and one-half inches by eleven inches
20 paper stating in bold print the following:
21 WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.
22 FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE
23 STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
24 CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
25 HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON
26 PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
27 FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE
28 FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIB-
29 ITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.
30 Nothing in this subdivision shall be deemed to affect, impair or
31 supersede any special or local law relating to providing notice regard-
32 ing the safe storage of rifles, shotguns or firearms.
33 § 4. Subdivision 2 of section 396-ee of the general business law, as
34 added by chapter 189 of the laws of 2000, is amended to read as follows:
35 (2) Every person, firm or corporation engaged in the retail business
36 of selling rifles, shotguns or firearms, as such terms are defined in
37 section 265.00 of the penal law, shall, in the place where such rifles,
38 shotguns or firearms are displayed or transferred to the purchaser, post
39 a notice conspicuously stating in bold print that: ["The use of a lock-
40 ing device or safety lock is only one aspect of responsible firearm
41 storage. For increased safety firearms should be stored unloaded and
42 locked in a location that is both separate from their ammunition and
43 inaccessible to children and any other unauthorized person."] "RESPONSI-
44 BLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. RIFLES, SHOTGUNS AND
45 FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE
46 STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND
47 CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE
48 HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON
49 PROHIBITED FROM POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR
50 FEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND
51 LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES, SHOTGUNS
52 OR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT
53 YOU TO IMPRISONMENT, FINE, OR BOTH." Nothing in this subdivision shall
54 be deemed to affect, impair or supersede any special or local law relat-
55 ing to the posting of notice regarding the safe storage of rifles, shot-
56 guns or firearms.
S. 2450--A 4 A. 2686--A
1 § 5. Severability. If any word, phrase, clause, sentence, paragraph,
2 section, or part of this act shall be adjudged by any court of competent
3 jurisdiction to be invalid, such judgment shall not affect, impair, or
4 invalidate the remainder thereof, but shall be confined in its operation
5 to the word, phrase, clause, sentence, paragraph, section, or part ther-
6 eof directly involved in the controversy in which such judgment shall
7 have been rendered.
8 § 6. This act shall take effect on the sixtieth day after it shall
9 have become a law.