S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8293--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   December 6, 2013
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  WEISENBERG,  ABINANTI, ENGLEBRIGHT,
         JAFFEE, JACOBS, ROSENTHAL, GALEF, COOK, ORTIZ,  CYMBROWITZ,  DINOWITZ,
         WEINSTEIN,  MAYER,  SCARBOROUGH,  WEPRIN, FAHY, BROOK-KRASNY -- Multi-
         Sponsored by -- M. of A. ARROYO,  AUBRY,  BRENNAN,  CLARK,  GOTTFRIED,
         HOOPER,  MILLMAN, THIELE -- read once and referred to the Committee on
         Codes -- recommitted to the Committee  on  Codes  in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       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 "Nicholas's law".
    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 ten new sections 265.50,
   15  265.51, 265.52, 265.53,  265.54,  265.55,  265.56,  265.57,  265.58  and
   16  265.59 to 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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13076-04-4
       A. 8293--A                          2
    1    1.  "PERSON"  INCLUDES  A  NATURAL  PERSON,  CORPORATION, PARTNERSHIP,
    2  LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
    3    2.  "SAFE  STORAGE  DEPOSITORY" MEANS A SAFE OR OTHER SECURE CONTAINER
    4  WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
    5  NATION, OR OTHER UNLOCKING MECHANISM AND IS  CAPABLE  OF  PREVENTING  AN
    6  UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
    7  ON  CONTAINED  THEREIN.  THE  DIVISION OF STATE POLICE SHALL DEVELOP AND
    8  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC  DEVICES  OR
    9  THE  MINIMUM  STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
   10  TIVE SAFE STORAGE DEPOSITORY.
   11    3. "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", "ANTIQUE  FIREARM",
   12  OR "MACHINE GUN".
   13  S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
   14    THE  PROVISIONS  OF  SECTION 265.52 OF THIS ARTICLE SHALL NOT APPLY TO
   15  ANY DULY LICENSED 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 GUN LOCKING DEVICE APPROPRI-
   23  ATE 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 OF THIS ARTICLE
   29  AND HAS BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO  STORE  A
   30  WEAPON  SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 OF THIS
   31  ARTICLE WITHIN THE PRECEDING TEN YEARS.
   32    FAILURE TO STORE A WEAPON SAFELY IN THE FIRST  DEGREE  IS  A  CLASS  A
   33  MISDEMEANOR.
   34  S 265.54 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 OF
   39  THIS ARTICLE AND SUCH WEAPON IS REMOVED BY ANY  OTHER  PERSON  FROM  THE
   40  PREMISES WHERE IT WAS STORED UNSAFELY.
   41    AGGRAVATED  FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A
   42  CLASS A MISDEMEANOR.
   43  S 265.55 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 OF
   48  THIS ARTICLE AND SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY  OR
   49  INDIRECTLY,  PHYSICAL  INJURY,  SERIOUS PHYSICAL INJURY, OR DEATH TO ANY
   50  OTHER PERSON.
   51    AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE  IS  A
   52  CLASS E FELONY.
   53  S  265.56  AGGRAVATED  FAILURE  TO  STORE  A  WEAPON SAFELY IN THE FIRST
   54             DEGREE; APPLICATION.
   55    IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.55 OF THIS ARTI-
   56  CLE IS THE PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO  DIES  AS
       A. 8293--A                          3
    1  THE  RESULT  OF  SUCH  VIOLATION,  THE DISTRICT ATTORNEY SHALL CONSIDER,
    2  AMONG OTHER FACTORS, THE IMPACT OF THE INJURY OR DEATH ON THE PERSON WHO
    3  IS SUSPECTED OF VIOLATING SECTION 265.55 OF THIS ARTICLE  WHEN  DECIDING
    4  WHETHER OR NOT TO PROSECUTE SUCH 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 265.55 OF THIS ARTICLE SHALL BE PROSECUTED
    7  ONLY IN THOSE INSTANCES IN WHICH THE PARENT OR  GUARDIAN  BEHAVED  IN  A
    8  RECKLESS MANNER.
    9  S 265.57 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
   10    NO  PERSON  SHALL  SELL,  DELIVER,  OR  TRANSFER ANY WEAPON TO ANOTHER
   11  PERSON UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE,  DELIVERY,
   12  OR TRANSFER WITH:
   13    1.  A GUN LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTICULAR
   14  WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
   15    2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE  TWENTY-
   16  FOUR  POINT  TYPE  ON  EIGHT  AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
   17  STATING IN BOLD PRINT THE FOLLOWING WARNING:
   18                                   WARNING
   19  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
   20  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
   21  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
   22  OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
   23  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   24  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
   25  BOTH.
   26    FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
   27  S 265.58 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
   28    A  PERSON  IS  GUILTY OF FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE
   29  WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE  IN  THE
   30  SECOND  DEGREE AS DEFINED IN SECTION 265.57 OF THIS ARTICLE AND HAS BEEN
   31  PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN  THE
   32  SECOND  DEGREE  AS  DEFINED IN SECTION 265.57 OF THIS ARTICLE WITHIN THE
   33  PRECEDING TEN YEARS.
   34    FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
   35  NOR.
   36  S 265.59 SUSPENSION  AND  REVOCATION  OF  A  LICENSE  TO CARRY, POSSESS,
   37             REPAIR OR DISPOSE  OF  A  FIREARM  OR  FIREARMS  PURSUANT  TO
   38             SECTION  400.00  OF THIS CHAPTER AND INELIGIBILITY FOR SUCH A
   39             LICENSE; ORDER TO SURRENDER FIREARMS.
   40    1. WHENEVER (A) A PERSON IS CONVICTED OF FAILURE  TO  STORE  A  WEAPON
   41  SAFELY  IN  THE  SECOND  DEGREE  UNDER SECTION 265.52 OF THIS ARTICLE OR
   42  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND  DEGREE  UNDER
   43  SECTION 265.54 OF THIS ARTICLE, AND HAS A PRIOR CONVICTION OF FAILURE TO
   44  STORE  A WEAPON SAFELY IN THE SECOND DEGREE UNDER SECTION 265.52 OF THIS
   45  ARTICLE OR AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN  THE  SECOND
   46  DEGREE  UNDER  SECTION  265.54  OF  THIS  ARTICLE;  OR  (B)  A PERSON IS
   47  CONVICTED OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE  UNDER
   48  SECTION  265.53  OF THIS ARTICLE OR AGGRAVATED FAILURE TO STORE A WEAPON
   49  SAFELY IN THE FIRST DEGREE UNDER SECTION 265.55  OF  THIS  ARTICLE,  THE
   50  COURT  SHALL REVOKE ANY EXISTING LICENSE POSSESSED BY SUCH PERSON, ORDER
   51  SUCH PERSON INELIGIBLE FOR SUCH  A  LICENSE,  AND  ORDER  THE  IMMEDIATE
   52  SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
   53  OF  SECTION 265.20 OF THIS ARTICLE AND SUBDIVISION SIX OF SECTION 400.05
   54  OF THIS CHAPTER, OF ANY OR ALL FIREARMS OWNED OR POSSESSED,  OR  SUSPEND
   55  OR  CONTINUE  TO  SUSPEND  ANY  SUCH  EXISTING LICENSE POSSESSED BY SUCH
   56  PERSON, ORDER SUCH PERSON INELIGIBLE FOR SUCH A LICENSE, AND  ORDER  THE
       A. 8293--A                          4
    1  IMMEDIATE  SURRENDER  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
    2  SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE AND SUBDIVISION  SIX  OF
    3  SECTION  400.05  OF  THIS  CHAPTER,  OF  ANY  OR  ALL  FIREARMS OWNED OR
    4  POSSESSED.
    5    2.  ANY  SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION SHALL REMAIN
    6  IN EFFECT FOR FIVE YEARS.
    7    3. (A) WHENEVER A PERSON IS CONVICTED AS PROVIDED IN PARAGRAPH ONE  OF
    8  THIS SECTION, THE COURT SHALL REQUIRE THE RESPONDENT TO INFORM THE COURT
    9  OF  ALL FIREARMS HE OR SHE OWNS OR POSSESSES. ANY ORDER TO SURRENDER ONE
   10  OR MORE FIREARMS SHALL SPECIFY A DATE AND TIME BY  WHICH  THE  SURRENDER
   11  SHALL  BE  COMPLETED  AND,  TO  THE EXTENT POSSIBLE, SHALL DESCRIBE SUCH
   12  FIREARMS TO BE SURRENDERED AND SHALL DIRECT THE AUTHORITY RECEIVING SUCH
   13  SURRENDERED FIREARMS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER.
   14    (B) THE PROMPT SURRENDER OF ONE OR MORE FIREARMS PURSUANT TO  A  COURT
   15  ORDER  ISSUED  PURSUANT  TO THIS SECTION SHALL BE CONSIDERED A VOLUNTARY
   16  SURRENDER FOR PURPOSES OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
   17  SION  A  OF SECTION 265.20 OF THIS ARTICLE.  THE DISPOSITION OF ANY SUCH
   18  FIREARMS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  SIX
   19  OF SECTION 400.05 OF THIS CHAPTER.
   20    (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
   21  RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
   22  DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
   23  OR OTHER FIREARMS OWNED OR POSSESSED BY A RESPONDENT  PURSUANT  TO  THIS
   24  CHAPTER.
   25    4. (A) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING A PERSON
   26  INELIGIBLE FOR SUCH LICENSE, OR ORDERING THE SURRENDER OF ANY FIREARM AS
   27  PROVIDED  IN  THIS SECTION SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED
   28  POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION AND  THE  DIVISION  OF
   29  STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   30    (B)  WHERE  AN  ORDER  OF  REVOCATION,  SUSPENSION,  INELIGIBILITY, OR
   31  SURRENDER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
   32  DULY CONSTITUTED POLICE AUTHORITIES  OF  THE  LOCALITY  CONCERNING  SUCH
   33  ACTION  AND  SHALL GIVE WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY
   34  TO THE DIVISION OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   35    5. THE RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE  THE  COURT
   36  REGARDING  ANY  REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDER
   37  ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS  SUBDIVI-
   38  SION  SHALL  PRECLUDE  THE  COURT FROM ISSUING ANY SUCH ORDER PRIOR TO A
   39  HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEARING, IT
   40  SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE SUCH  ORDER
   41  WAS ISSUED.
   42    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   43  vision 18 to read as follows:
   44    18.  UPON  THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING OFFICER
   45  SHALL ISSUE THEREWITH THE FOLLOWING NOTICE IN  CONSPICUOUS  AND  LEGIBLE
   46  TWENTY-FOUR  POINT  TYPE  ON  EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES
   47  PAPER STATING IN BOLD PRINT THE FOLLOWING:
   48                                    WARNING
   49  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
   50  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
   51  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
   52  OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
   53  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   54  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
   55  BOTH.
       A. 8293--A                          5
    1    S 5. Subdivision 2 of section 396-ee of the general business  law,  as
    2  added by chapter 189 of the laws of 2000, is amended to read as follows:
    3    (2)  Every  person, firm or corporation engaged in the retail business
    4  of selling rifles, shotguns or firearms, as such terms  are  defined  in
    5  section  265.00 of the penal law, shall, in the place where such rifles,
    6  shotguns or firearms are displayed or transferred to the purchaser, post
    7  a notice conspicuously stating in bold print that: ["The use of a  lock-
    8  ing  device  or  safety  lock  is only one aspect of responsible firearm
    9  storage.  For increased safety firearms should be  stored  unloaded  and
   10  locked  in  a  location  that is both separate from their ammunition and
   11  inaccessible to children and any other unauthorized person."] "RESPONSI-
   12  BLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST  EITHER
   13  BE  STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR
   14  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
   15  OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED  AND  LOCKED
   16  IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A
   17  CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH."
   18    S  6.  If  any  word, phrase, clause, sentence, paragraph, section, or
   19  part of this act shall be adjudged by any court of  competent  jurisdic-
   20  tion  to  be invalid, such judgment shall not affect, impair, or invali-
   21  date the remainder thereof, but shall be confined in  its  operation  to
   22  the words, phrase, clause, sentence, paragraph, section, or part thereof
   23  directly  involved  in the controversy in which such judgment shall have
   24  been rendered.
   25    S 7. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.