S T A T E   O F   N E W   Y O R K
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                                          214
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  ABINANTI,  JAFFEE,  PAULIN, MOSLEY, STECK --
         Multi-Sponsored by -- M. of A. COOK,  GLICK,  GOTTFRIED,  ROBINSON  --
         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 section 3 of
    2  part  FF  of  chapter  57  of  the  laws  of 2013, is amended to read as
    3  follows:
    4  S 265.45 Safe storage of rifles, shotguns, and firearms.
    5    No person who owns or is custodian of a rifle, shotgun or firearm [who
    6  resides with an individual who such person knows or has reason  to  know
    7  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. S 922(g)
    8  (1), (4), (8) or (9)] shall store or otherwise leave such rifle, shotgun
    9  or firearm out of his or her immediate  possession  or  control  without
   10  having first securely locked such rifle, shotgun or firearm in an appro-
   11  priate  safe  storage depository or rendered it incapable of being fired
   12  by use of a gun locking device appropriate to that weapon. For  purposes
   13  of  this  section  "safe  storage depository" shall mean a safe or other
   14  secure container which, when locked, is incapable of being opened  with-
   15  out  the key, combination or other unlocking mechanism and is capable of
   16  preventing  an  unauthorized  person  from  obtaining  access   to   and
   17  possession  of  the  weapon contained therein. [With respect to a person
   18  who is prohibited from  possessing  a  firearm  pursuant  to  18  USC  S
   19  922(g)(9),  for  purposes  of this section, this section applies only if
   20  such person has been convicted of a crime included in subdivision one of
   21  section 370.15 of the criminal procedure law and such gun  is  possessed
   22  within five years from the later of the date of conviction or completion
   23  of  sentence.] Nothing in this section shall be deemed to affect, impair
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04346-01-5
       A. 214                              2
    1  or supersede any special or local act relating to the  safe  storage  of
    2  rifles, shotguns or firearms which impose additional requirements on the
    3  owner or custodian of such weapons.
    4    A violation of this section shall constitute a class A misdemeanor.
    5    S 2. This act shall take effect immediately.