S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2291--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced  by Sens. KLEIN, ADDABBO, HAMILTON, HOYLMAN, LATIMER, PARKER,
         PERALTA, SQUADRON -- read twice and ordered printed, and when  printed
         to  be  committed  to  the Committee 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 environ-
         mental  conservation  law,  in relation to the safe storage of rifles,
         shotguns, or firearms; and to repeal certain provisions of  the  penal
         law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. 1. Short title. This act shall be known and may be cited as
    2  "Nicholas's law".
    3    2. Legislative findings. The legislature hereby finds the following:
    4    a. The presence of unsecured, easily accessible, weapons in homes  and
    5  other  places increases the likelihood of death or injury from accidents
    6  and impulsive acts;
    7    b. Guns left unattended must be kept  locked  or  stored  securely  to
    8  prevent  access  by  children  and  others who should not have access to
    9  them; and
   10    c. Gun owners and other lawful possessors are responsible for  keeping
   11  their  weapons  from  falling into the hands of children and other unau-
   12  thorized individuals.
   13    S 2. The penal law is amended by adding a new section 265.44  to  read
   14  as follows:
   15  S 265.44 DEFINITION.
   16    FOR  PURPOSES  OF SECTIONS 265.45, 265.46, AND 265.47 OF THIS ARTICLE,
   17  "SAFE STORAGE DEPOSITORY" SHALL MEAN A SAFE OR  OTHER  SECURE  CONTAINER
   18  WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
   19  NATION  OR  OTHER  UNLOCKING  MECHANISM  AND  IS CAPABLE OF PREVENTING A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00543-03-5
       S. 2291--A                          2
    1  PERSON OTHER THAN THE OWNER OR CUSTODIAN ACCESS TO AND POSSESSION OF THE
    2  WEAPON CONTAINED THEREIN.
    3    S  3.  Section  265.45  of  the  penal  law  is REPEALED and three new
    4  sections 265.45, 265.46 and 265.47 are added to read as follows:
    5  S 265.45 FAILURE TO SAFELY STORE A RIFLE, SHOTGUN,  FIREARM  OR  ANTIQUE
    6             FIREARM.
    7    A  PERSON  IS  GUILTY  OF  FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN,
    8  FIREARM OR ANTIQUE FIREARM WHEN HE OR SHE  OWNS  OR  HAS  CUSTODY  OF  A
    9  RIFLE,  SHOTGUN, FIREARM OR ANTIQUE FIREARM AND LEAVES SUCH RIFLE, SHOT-
   10  GUN, FIREARM OR ANTIQUE FIREARM OUT OF HIS OR HER  IMMEDIATE  POSSESSION
   11  OR  CONTROL  WITHOUT  HAVING  FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN,
   12  FIREARM OR ANTIQUE FIREARM IN AN APPROPRIATE SAFE STORAGE DEPOSITORY  OR
   13  RENDERED  IT  INCAPABLE  OF  BEING  FIRED BY USE OF A GUN LOCKING DEVICE
   14  APPROPRIATE TO THAT WEAPON; PROVIDED, HOWEVER, THAT ACTUAL POSSESSION OF
   15  A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM BY THE HOLDER  OF  A  VALID
   16  NEW  YORK HUNTING LICENSE OR PERMIT ISSUED PURSUANT TO ARTICLE ELEVEN OF
   17  THE ENVIRONMENTAL CONSERVATION LAW AND CONTEMPORANEOUSLY USED IN ACCORD-
   18  ANCE WITH SUCH LAW SHALL NOT BE GOVERNED BY THIS SECTION.
   19    NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT, IMPAIR OR SUPERSEDE
   20  ANY SPECIAL OR LOCAL LAW RELATING TO THE SAFE STORAGE OF  RIFLES,  SHOT-
   21  GUNS, FIREARMS OR ANTIQUE FIREARMS WHICH IMPOSES ADDITIONAL REQUIREMENTS
   22  ON THE OWNER OR CUSTODIAN OF SUCH WEAPONS.
   23    FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM
   24  IS A VIOLATION.
   25  S 265.46 FAILURE TO SAFELY STORE A RIFLE, SHOTGUN,  FIREARM  OR  ANTIQUE
   26             FIREARM IN THE SECOND DEGREE.
   27    A  PERSON  IS  GUILTY  OF  FAILURE  TO  SAFELY STORE A RIFLE, SHOTGUN,
   28  FIREARM OR ANTIQUE FIREARM IN THE SECOND DEGREE WHEN HE OR  SHE  COMMITS
   29  THE  CRIME  OF  FAILURE  TO  SAFELY  STORE  A RIFLE, SHOTGUN, FIREARM OR
   30  ANTIQUE FIREARM AS DEFINED IN SECTION 265.45 OF THIS ARTICLE AND:
   31    1. AT THE TIME OF THE COMMISSION OF SUCH CRIME, HE OR SHE RESIDES WITH
   32  ANOTHER INDIVIDUAL WHO SUCH PERSON  KNOWS  OR  HAS  REASON  TO  KNOW  IS
   33  PROHIBITED  FROM POSSESSING A FIREARM PURSUANT TO 18 U.S.C. S 922(G)(1),
   34  (4), (8) OR (9); OR
   35    2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED OF FAILURE TO SAFELY  STORE
   36  A  RIFLE,  SHOTGUN, FIREARM OR ANTIQUE FIREARM WITHIN THE PAST TEN YEARS
   37  UNDER THIS SECTION, OR SECTION 265.45 OR 265.47 OF THIS ARTICLE.
   38    NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT, IMPAIR OR SUPERSEDE
   39  ANY SPECIAL OR LOCAL LAW RELATING TO THE SAFE STORAGE OF  RIFLES,  SHOT-
   40  GUNS,  FIREARMS  OR  ANTIQUE FIREARMS, WHICH IMPOSES ADDITIONAL REQUIRE-
   41  MENTS ON THE OWNER OR CUSTODIAN OF SUCH WEAPONS.
   42    FAILURE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR  ANTIQUE  FIREARM
   43  IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   44  S 265.47 FAILURE  TO  SAFELY  STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE
   45             FIREARM IN THE FIRST DEGREE.
   46    A PERSON IS GUILTY OF  FAILURE  TO  SAFELY  STORE  A  RIFLE,  SHOTGUN,
   47  FIREARM  OR  ANTIQUE  FIREARM IN THE FIRST DEGREE WHEN HE OR SHE COMMITS
   48  THE OFFENSE OF FAILURE TO SAFELY STORE  A  RIFLE,  SHOTGUN,  FIREARM  OR
   49  ANTIQUE  FIREARM  AS  DEFINED IN SECTION 265.45 OF THIS ARTICLE AND AS A
   50  RESULT OF SUCH FAILURE TO SAFELY STORE SUCH RIFLE, SHOTGUN,  FIREARM  OR
   51  ANTIQUE  FIREARM  IS  OBTAINED  BY AN UNAUTHORIZED PERSON AND DISCHARGES
   52  CAUSING PHYSICAL INJURY TO ANY OTHER PERSON.
   53    FAILURE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR  ANTIQUE  FIREARM
   54  IN THE FIRST DEGREE IS A CLASS E FELONY.
   55    S  4.  The  penal  law is amended by adding three new sections 265.49,
   56  265.51 and 265.53 to read as follows:
       S. 2291--A                          3
    1  S 265.49 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
    2    NO  PERSON  SHALL  SELL  OR  TRANSFER OWNERSHIP OF ANY RIFLE, SHOTGUN,
    3  FIREARM, OR ANTIQUE FIREARM TO ANOTHER PERSON UNLESS THE  TRANSFEREE  IS
    4  PROVIDED AT THE TIME OF SALE, DELIVERY, OR TRANSFER WITH:
    5    1.  A GUN LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTICULAR
    6  WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
    7    2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE  TWENTY-
    8  FOUR  POINT  TYPE  ON  EIGHT  AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
    9  STATING IN BOLD PRINT THE FOLLOWING WARNING:
   10                                   WARNING
   11  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
   12  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
   13  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
   14  OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
   15  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   16  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
   17  BOTH.
   18    FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
   19  S 265.51 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
   20    A PERSON IS GUILTY OF FAILURE TO PROVIDE NOTICE IN  THE  FIRST  DEGREE
   21  WHEN  HE  OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN THE
   22  SECOND DEGREE AS DEFINED IN SECTION 265.49 OF THIS ARTICLE AND HAS  BEEN
   23  PREVIOUSLY  CONVICTED OF FAILURE TO PROVIDE NOTICE UNDER THIS SECTION OR
   24  SECTION 265.49 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
   25    FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
   26  NOR.
   27  S 265.53 REPORTING OF CERTAIN FIREARM CONVICTIONS.
   28    WHEN  A  PERSON  HAS  A PRIOR CONVICTION FOR FAILURE TO SAFELY STORE A
   29  RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM IN THE SECOND DEGREE OR FAIL-
   30  URE TO SAFELY STORE A RIFLE, SHOTGUN, FIREARM OR ANTIQUE FIREARM IN  THE
   31  FIRST  DEGREE,  UPON  A  SECOND  OR SUBSEQUENT CONVICTION OF EITHER SUCH
   32  OFFENSE, THE  DISTRICT  ATTORNEY  OR  OTHER  PROSECUTING  AUTHORITY  WHO
   33  OBTAINED SUCH CONVICTION SHALL PROVIDE NOTICE OF SUCH CONVICTION TO BOTH
   34  THE  DIVISION  OF  STATE POLICE AND, IF SUCH PERSON POSSESSES A NEW YORK
   35  STATE ISSUED  HANDGUN  LICENSE,  THE  PERTINENT  LICENSING  OFFICER  WHO
   36  CURRENTLY  EXERCISES  LEGAL  AUTHORITY  OVER SUCH PERSON'S LICENSE. SUCH
   37  NOTICE SHALL INCLUDE THE  OFFENSE  FOR  WHICH  THE  DEFENDANT  HAS  BEEN
   38  CONVICTED,  THE  NAME AND ADDRESS OF SUCH OFFENDER AND OTHER IDENTIFYING
   39  INFORMATION, INCLUDING THE OFFENDER'S DATE OF BIRTH AND SOCIAL  SECURITY
   40  NUMBER,  TO  THE EXTENT CONSISTENT WITH FEDERAL AND STATE LAWS GOVERNING
   41  PERSONAL PRIVACY  AND  CONFIDENTIALITY  OF  INFORMATION.  SUCH  DISTRICT
   42  ATTORNEY OR OTHER PROSECUTING AUTHORITY SHALL INCLUDE IN SUCH NOTICE THE
   43  NAME  AND  BUSINESS  ADDRESS  OF THE OFFENDER'S COUNSEL OF RECORD IN THE
   44  CRIMINAL PROCEEDING. SUCH NOTICE MUST BE FILED NOT MORE THAN THIRTY DAYS
   45  AFTER JUDGMENT HAS BEEN ENTERED.
   46    S 5. Section 400.00 of the penal law is amended by adding a new subdi-
   47  vision 18 to read as follows:
   48    18. NOTICE. UPON THE ISSUANCE OR RENEWAL OF A LICENSE,  THE  LICENSING
   49  OFFICER  SHALL  ISSUE  THEREWITH THE FOLLOWING NOTICE IN CONSPICUOUS AND
   50  LEGIBLE TWENTY-FOUR POINT TYPE ON EIGHT AND ONE-HALF  INCHES  BY  ELEVEN
   51  INCHES PAPER STATING IN BOLD PRINT THE FOLLOWING:
   52                                   WARNING
   53  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
   54  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
   55  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
   56  OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED  AND
       S. 2291--A                          4
    1  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    2  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    3  BOTH.
    4    S  6.  Subdivision 2 of section 396-ee of the general business law, as
    5  added by chapter 189 of the laws of 2000, is amended to read as follows:
    6    (2) Every person, firm or corporation engaged in the  retail  business
    7  of  selling rifles, shotguns [or], firearms OR ANTIQUE FIREARMS, as such
    8  terms are defined in section 265.00 of the  penal  law,  shall,  in  the
    9  place where such rifles, shotguns [or], firearms OR ANTIQUE FIREARMS are
   10  displayed  or  transferred to the purchaser, post a notice conspicuously
   11  stating in bold print that: ["The use of a locking device or safety lock
   12  is only one aspect of responsible firearm storage.  For increased safety
   13  firearms should be stored unloaded and locked in a location that is both
   14  separate from their ammunition and  inaccessible  to  children  and  any
   15  other  unauthorized  person."]"RESPONSIBLE FIREARM STORAGE IS THE LAW IN
   16  NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE
   17  OR IN A SAFE STORAGE DEPOSITORY OR NOT BE  LEFT  OUTSIDE  THE  IMMEDIATE
   18  POSSESSION  AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS
   19  SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNI-
   20  TION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PERSON MAY SUBJECT
   21  YOU TO IMPRISONMENT, FINE, OR BOTH."
   22    S 7. Section 11-0713 of the environmental conservation law is  amended
   23  by adding a new subdivision 7 to read as follows:
   24    7. UPON THE ISSUANCE OF A HUNTING LICENSE OR MUZZLE-LOADING PRIVILEGE,
   25  THE  ISSUING  OFFICER  SHALL  ISSUE  THEREWITH  THE  FOLLOWING NOTICE IN
   26  CONSPICUOUS AND LEGIBLE TYPE STATING THE FOLLOWING:
   27                                   WARNING
   28  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
   29  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
   30  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
   31  OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
   32  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   33  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
   34  BOTH.
   35    S 8. Severability. If any word, phrase, clause,  sentence,  paragraph,
   36  section, or part of this act shall be adjudged by any court of competent
   37  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
   38  invalidate the remainder thereof, but shall be confined in its operation
   39  to the word, phrase, clause, sentence, paragraph, section, or part ther-
   40  eof directly involved in the controversy in which  such  judgment  shall
   41  have been rendered.
   42    S 9. This act shall take effect on the first of November next succeed-
   43  ing the date on which it shall have become a law.