STATE OF NEW YORK
January 27, 2022
Introduced by Sens. KAPLAN, KRUEGER -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
unlawful storage of a firearm leading to use in the commission of a
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 265.46 to
2 read as follows:
3 § 265.46 Unlawful storage of a firearm leading to use in the commission
4 of a crime.
5 A person is guilty of unlawful storage of a firearm leading to use in
6 the commission of a crime when a person fails to safely store a rifle,
7 shotgun or firearm as required pursuant to section 265.45 of this arti-
8 cle, and such rifle, shotgun or firearm is used in the commission of a
9 crime by another individual which reasonably would have been prevented
10 if such rifle, shotgun or firearm was stored in accordance with section
11 265.45 of this article.
12 Unlawful storage of a firearm leading to use in the commission of a
13 crime is a class E felony.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.