STATE OF NEW YORK
        ________________________________________________________________________
                                         5278--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 17, 2015
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee  on Codes -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
        AN ACT to amend the penal law, the general business law and  the  educa-
          tion  law, in relation to criminally negligent storage of a weapon and
          weapons safety programs for children
          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 "children's weapon accident prevention 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    §  2.  Legislative  findings  and intent. The legislature finds that a
     7  tragically large number of children have  been  accidentally  killed  or
     8  seriously  injured  by  negligently stored weapons; that placing weapons
     9  within reach or easy access of  children  is  irresponsible,  encourages
    10  such  accidents and should be prohibited; and that legislative action is
    11  necessary to protect the safety of our children.
    12    § 3. Section 265.00 of the penal law is amended  by  adding  five  new
    13  subdivisions 26, 27, 28, 29 and 30 to read as follows:
    14    26. "Weapon" means a "rifle", "shotgun" or "firearm".
    15    27.  "Locked  box" means a safe, case or container which, when locked,
    16  is incapable of being opened  without  the  key,  combination  or  other
    17  unlocking  mechanism,  and  is resistant to tampering by an unauthorized
    18  person attempting to obtain access to and possession of  the  weapon  or
    19  ammunition contained therein. The division of state police shall develop
    20  and  promulgate rules and regulations setting forth the specific devices
    21  or the minimum standards  and  criteria  therefor  which  constitute  an
    22  effective locked box.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05544-03-5