S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3719
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2015
                                      ___________
       Introduced  by  Sens.  ESPAILLAT,  AVELLA,  GIANARIS,  KRUEGER, SAMPSON,
         SERRANO -- 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-
   24  NATION,  OR  OTHER  UNLOCKING  MECHANISM AND IS CAPABLE OF PREVENTING AN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05039-02-5
       S. 3719                             2
    1  UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
    2  ON CONTAINED THEREIN. THE DIVISION OF STATE  POLICE  SHALL  DEVELOP  AND
    3  PROMULGATE  RULES  AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR
    4  THE  MINIMUM  STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
    5  TIVE SAFE STORAGE DEPOSITORY.
    6    3. "SAFETY LOCKING DEVICE" MEANS A DESIGN ADAPTATION, ATTACHED  ACCES-
    7  SORY,  OR DEVICE INSTALLED THAT, WHEN ACTIVATED, ATTACHED, OR INSTALLED,
    8  PREVENTS THE DISCHARGE OR FIRING OF THE WEAPON.  THE DIVISION  OF  STATE
    9  POLICE  SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING FORTH
   10  THE SPECIFIC DEVICES OR THE  MINIMUM  STANDARDS  AND  CRITERIA  THEREFOR
   11  WHICH CONSTITUTE AN EFFECTIVE GUN LOCKING DEVICE.
   12    4. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", OR "MACHINE GUN".
   13  S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
   14    THE  PROVISIONS OF SECTION 265.52 SHALL NOT APPLY TO ANY DULY LICENSED
   15  MANUFACTURER OF WEAPONS.
   16  S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
   17    A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN  THE  SECOND
   18  DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
   19  POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
   20  OR  HER  IMMEDIATE  POSSESSION  OR CONTROL WITHOUT HAVING FIRST SECURELY
   21  LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
   22  IT INCAPABLE OF BEING FIRED BY THE USE OF A SAFETY LOCKING DEVICE APPRO-
   23  PRIATE TO THAT WEAPON.
   24    FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
   25  S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
   26    A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY  IN  THE  FIRST
   27  DEGREE  WHEN  HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE A WEAPON
   28  SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52  AND  HAS  BEEN
   29  PREVIOUSLY  CONVICTED OF THE OFFENSE OF FAILURE TO STORE A WEAPON SAFELY
   30  IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 WITHIN  THE  PRECEDING
   31  TEN YEARS.
   32    FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS A
   33  MISDEMEANOR.
   34  S 265.55 AGGRAVATED FAILURE TO STORE  A  WEAPON  SAFELY  IN  THE  SECOND
   35             DEGREE.
   36    A  PERSON  IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
   37  THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   38  A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN  SECTION  265.52  AND
   39  SUCH  WEAPON  IS  REMOVED BY ANY OTHER PERSON FROM THE PREMISES WHERE IT
   40  WAS STORED UNSAFELY.
   41    AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS  A
   42  CLASS A MISDEMEANOR.
   43  S 265.56 AGGRAVATED  FAILURE  TO  STORE  A  WEAPON  SAFELY  IN THE FIRST
   44             DEGREE.
   45    A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN
   46  THE  FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   47  A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN  SECTION  265.52  AND
   48  SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR INDIRECTLY, PHYS-
   49  ICAL INJURY, SERIOUS PHYSICAL INJURY, OR DEATH TO ANY OTHER PERSON.
   50    AGGRAVATED  FAILURE  TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A
   51  CLASS E FELONY.
   52  S 265.57 AGGRAVATED FAILURE TO  STORE  A  WEAPON  SAFELY  IN  THE  FIRST
   53             DEGREE; APPLICATION.
   54    IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.56 IS THE PARENT
   55  OR  GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS THE RESULT OF SUCH
   56  VIOLATION, THE DISTRICT ATTORNEY SHALL CONSIDER,  AMONG  OTHER  FACTORS,
       S. 3719                             3
    1  THE  IMPACT  OF  THE  INJURY  OR DEATH ON THE PERSON WHO IS SUSPECTED OF
    2  VIOLATING SECTION 265.56 WHEN DECIDING WHETHER OR NOT TO PROSECUTE  SUCH
    3  PERSON FOR SUCH CRIME.
    4    A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
    5  OF  A  VIOLATION  OF  SECTION  265.56  SHALL BE PROSECUTED ONLY IN THOSE
    6  INSTANCES IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A RECKLESS MANNER.
    7  S 265.58 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
    8    NO PERSON SHALL SELL, DELIVER,  OR  TRANSFER  ANY  WEAPON  TO  ANOTHER
    9  PERSON  UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE, DELIVERY,
   10  OR TRANSFER WITH:
   11    1. A SAFETY LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT  PARTIC-
   12  ULAR WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
   13    2.  A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE TWENTY-
   14  FOUR POINT TYPE ON EIGHT AND ONE-HALF  INCHES  BY  ELEVEN  INCHES  PAPER
   15  STATING IN BOLD PRINT THE FOLLOWING WARNING:
   16                                   WARNING
   17  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
   18  EITHER BE STORED WITH A SAFETY LOCKING  DEVICE  OR  IN  A  SAFE  STORAGE
   19  DEPOSITORY  OR  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
   20  OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE  STORED
   21  UNLOADED  AND  LOCKED  IN  A  LOCATION SEPARATE FROM AMMUNITION. LEAVING
   22  FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO
   23  IMPRISONMENT, FINE, OR BOTH.
   24    FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
   25  S 265.59 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
   26    A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN  THE  FIRST  DEGREE
   27  WHEN  HE  OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE
   28  SECOND DEGREE AS DEFINED IN  SECTION  265.58  AND  HAS  BEEN  PREVIOUSLY
   29  CONVICTED  OF  THE  OFFENSE  OF  FAILURE TO PROVIDE NOTICE IN THE SECOND
   30  DEGREE AS DEFINED IN SECTION 265.58 WITHIN THE PRECEDING TEN YEARS.
   31    FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
   32  NOR.
   33    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   34  vision 18 to read as follows:
   35    18.  UPON  THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING OFFICER
   36  SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN  CONSPICUOUS  AND  LEGIBLE
   37  TWENTY-FOUR  POINT  TYPE  ON  EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
   38  PAPER STATING IN BOLD PRINT THE FOLLOWING:
   39                                    WARNING
   40  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
   41  EITHER BE STORED WITH A SAFETY LOCKING  DEVICE  OR  IN  A  SAFE  STORAGE
   42  DEPOSITORY  OR  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL
   43  OF THE OWNER OR OTHER LAWFUL  POSSESSOR.    FIREARMS  SHOULD  BE  STORED
   44  UNLOADED  AND  LOCKED  IN  A  LOCATION SEPARATE FROM AMMUNITION. LEAVING
   45  FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSONS MAY  SUBJECT  YOU
   46  TO IMPRISONMENT, FINE, OR BOTH.
   47    S  5.  Subdivision 2 of section 396-ee of the general business law, as
   48  added by chapter 189 of the laws of 2000, is amended to read as follows:
   49    (2) Every person, firm or corporation engaged in the  retail  business
   50  of  selling  rifles,  shotguns or firearms, as such terms are defined in
   51  section 265.00 of the penal law, shall, in the place where such  rifles,
   52  shotguns or firearms are displayed or transferred to the purchaser, post
   53  a  notice conspicuously stating in bold print that: ["The use of a lock-
   54  ing device or safety lock is only  one  aspect  of  responsible  firearm
   55  storage.    For  increased safety firearms should be stored unloaded and
   56  locked in a location that is both separate  from  their  ammunition  and
       S. 3719                             4
    1  inaccessible to children and any other unauthorized person."] "RESPONSI-
    2  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
    3  BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE  STORAGE  DEPOSITORY
    4  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER
    5  OR  OTHER  LAWFUL  POSSESSOR.    FIREARMS  SHOULD BE STORED UNLOADED AND
    6  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    7  BLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU  TO  IMPRISONMENT,
    8  FINE, OR BOTH."
    9    S  6.  If  any  word, phrase, clause, sentence, paragraph, section, or
   10  part of this act shall be adjudged by any court of  competent  jurisdic-
   11  tion  to  be invalid, such judgment shall not affect, impair, or invali-
   12  date the remainder thereof, but shall be confined in  its  operation  to
   13  the words, phrase, clause, sentence, paragraph, section, or part thereof
   14  directly  involved  in the controversy in which such judgment shall have
   15  been rendered.
   16    S 7. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.