STATE OF NEW YORK
        ________________________________________________________________________

                                          3880

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M.  of A. ABINANTI, PAULIN, STECK, SEAWRIGHT, GOTTFRIED,
          FERNANDEZ, McDONOUGH, FAHY, EPSTEIN, SAYEGH, COLTON, WILLIAMS, TAYLOR,
          HYNDMAN, GRIFFIN, DAVILA -- Multi-Sponsored by -- M. of A. COOK, GLICK
          -- read once and referred to the Committee on Codes

        AN ACT to amend the penal law,  in  relation  to  the  safe  storage  of
          rifles, shotguns, and firearms

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 265.45 of the penal law, as amended by chapter  133
     2  of the laws of 2019, is amended to read as follows:
     3  § 265.45 Failure  to  safely store rifles, shotguns, and firearms in the
     4             first degree.
     5    No person who owns or is custodian of a rifle, shotgun or firearm [who
     6  resides with an individual who: (i) is under sixteen years of age;  (ii)
     7  such  person knows or has reason to know is prohibited from possessing a
     8  rifle, shotgun or firearm pursuant to a temporary or final extreme  risk
     9  protection  order  issued under article sixty-three-A of the civil prac-
    10  tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or  (iii)
    11  such  person knows or has reason to know is prohibited from possessing a
    12  rifle, shotgun or firearm based on a conviction for a felony or a  seri-
    13  ous  offense,]  shall  store  or  otherwise leave such rifle, shotgun or
    14  firearm out of his or her immediate possession or control without having
    15  first securely locked such rifle, shotgun or firearm in  an  appropriate
    16  safe  storage  depository or rendered it incapable of being fired by use
    17  of a gun locking device appropriate to that weapon. For purposes of this
    18  section "safe storage depository" shall mean  a  safe  or  other  secure
    19  container  which,  when locked, is incapable of being opened without the
    20  key, combination or other unlocking mechanism and is capable of prevent-
    21  ing an unauthorized person from obtaining access to  and  possession  of
    22  the weapon contained therein. Nothing in this section shall be deemed to
    23  affect,  impair  or  supersede  any special or local act relating to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00703-01-1
        A. 3880                             2

     1  safe storage of rifles, shotguns or  firearms  which  impose  additional
     2  requirements on the owner or custodian of such weapons.
     3    It  shall  not  be  a violation of this section to allow a person less
     4  than sixteen years of age access to: (i) a firearm, rifle or shotgun for
     5  lawful use as authorized under paragraph seven or seven-e of subdivision
     6  a of section 265.20 of this article, or (ii)  a  rifle  or  shotgun  for
     7  lawful  use as authorized by article eleven of the environmental conser-
     8  vation law when such person less than sixteen years of age is the holder
     9  of a hunting license or permit and such rifle  or  shotgun  is  used  in
    10  accordance with such law.
    11    Failure  to  safely  store rifles, shotguns, and firearms in the first
    12  degree is a class A misdemeanor.
    13    § 2. This act shall take effect immediately.