S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2291
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       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:
   20    1. "PERSON"  INCLUDES  A  NATURAL  PERSON,  CORPORATION,  PARTNERSHIP,
   21  LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
   22    2.  "SAFE  STORAGE  DEPOSITORY" MEANS A SAFE OR OTHER SECURE CONTAINER
   23  WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBI-
   24  NATION, OR OTHER UNLOCKING MECHANISM AND IS  CAPABLE  OF  PREVENTING  AN
   25  UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF THE WEAP-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00543-01-5
       S. 2291                             2
    1  ON  CONTAINED  THEREIN.  THE  DIVISION OF STATE POLICE SHALL DEVELOP AND
    2  PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC  DEVICES  OR
    3  THE  MINIMUM  STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC-
    4  TIVE SAFE STORAGE DEPOSITORY.
    5    3.  "WEAPON" MEANS A "RIFLE", "SHOTGUN", "FIREARM", "ANTIQUE FIREARM",
    6  OR "MACHINE GUN".
    7  S 265.51 SAFE STORAGE OF WEAPONS; APPLICABILITY.
    8    THE PROVISIONS OF SECTION 265.52 OF THIS ARTICLE SHALL  NOT  APPLY  TO
    9  ANY DULY LICENSED MANUFACTURER OF WEAPONS.
   10  S 265.52 FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE.
   11    A  PERSON  IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND
   12  DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
   13  POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
   14  OR HER IMMEDIATE POSSESSION OR CONTROL  WITHOUT  HAVING  FIRST  SECURELY
   15  LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
   16  IT INCAPABLE OF BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRI-
   17  ATE TO THAT WEAPON.
   18    FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS A VIOLATION.
   19  S 265.53 FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE.
   20    A  PERSON  IS  GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST
   21  DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE  A  WEAPON
   22  SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 OF THIS ARTICLE
   23  AND  HAS  BEEN PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO STORE A
   24  WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED IN SECTION 265.52 OF  THIS
   25  ARTICLE WITHIN THE PRECEDING TEN YEARS.
   26    FAILURE  TO  STORE  A  WEAPON  SAFELY IN THE FIRST DEGREE IS A CLASS A
   27  MISDEMEANOR.
   28  S 265.54 AGGRAVATED FAILURE TO STORE  A  WEAPON  SAFELY  IN  THE  SECOND
   29             DEGREE.
   30    A  PERSON  IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN
   31  THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   32  A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED  IN  SECTION  265.52  OF
   33  THIS  ARTICLE  AND  SUCH  WEAPON IS REMOVED BY ANY OTHER PERSON FROM THE
   34  PREMISES WHERE IT WAS STORED UNSAFELY.
   35    AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE IS  A
   36  CLASS A MISDEMEANOR.
   37  S 265.55 AGGRAVATED  FAILURE  TO  STORE  A  WEAPON  SAFELY  IN THE FIRST
   38             DEGREE.
   39    A PERSON IS GUILTY OF AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN
   40  THE  FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO STORE
   41  A WEAPON SAFELY IN THE SECOND DEGREE AS DEFINED  IN  SECTION  265.52  OF
   42  THIS  ARTICLE AND SUCH WEAPON DISCHARGES AND THEREBY CAUSES, DIRECTLY OR
   43  INDIRECTLY, PHYSICAL INJURY, SERIOUS PHYSICAL INJURY, OR  DEATH  TO  ANY
   44  OTHER PERSON.
   45    AGGRAVATED  FAILURE  TO STORE A WEAPON SAFELY IN THE FIRST DEGREE IS A
   46  CLASS E FELONY.
   47  S 265.56 AGGRAVATED FAILURE TO  STORE  A  WEAPON  SAFELY  IN  THE  FIRST
   48             DEGREE; APPLICATION.
   49    IF A PERSON WHO IS SUSPECTED OF VIOLATING SECTION 265.55 OF THIS ARTI-
   50  CLE  IS  THE PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS
   51  THE RESULT OF SUCH VIOLATION,  THE  DISTRICT  ATTORNEY  SHALL  CONSIDER,
   52  AMONG OTHER FACTORS, THE IMPACT OF THE INJURY OR DEATH ON THE PERSON WHO
   53  IS  SUSPECTED  OF VIOLATING SECTION 265.55 OF THIS ARTICLE WHEN DECIDING
   54  WHETHER OR NOT TO PROSECUTE SUCH PERSON FOR SUCH CRIME.
   55    A PARENT OR GUARDIAN OF A CHILD WHO IS INJURED OR WHO DIES AS A RESULT
   56  OF A VIOLATION OF SECTION 265.55 OF THIS  ARTICLE  SHALL  BE  PROSECUTED
       S. 2291                             3
    1  ONLY  IN  THOSE  INSTANCES  IN WHICH THE PARENT OR GUARDIAN BEHAVED IN A
    2  RECKLESS MANNER.
    3  S 265.57 FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE.
    4    NO  PERSON  SHALL  SELL,  DELIVER,  OR  TRANSFER ANY WEAPON TO ANOTHER
    5  PERSON UNLESS THE TRANSFEREE IS PROVIDED AT THE TIME OF SALE,  DELIVERY,
    6  OR TRANSFER WITH:
    7    1.  A GUN LOCKING DEVICE THAT IS CAPABLE OF PREVENTING THAT PARTICULAR
    8  WEAPON FROM FIRING OR A SAFE STORAGE DEPOSITORY; AND
    9    2. A COPY OF THE FOLLOWING WARNING IN CONSPICUOUS AND LEGIBLE  TWENTY-
   10  FOUR  POINT  TYPE  ON  EIGHT  AND ONE-HALF INCHES BY ELEVEN INCHES PAPER
   11  STATING IN BOLD PRINT THE FOLLOWING WARNING:
   12                                   WARNING
   13  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
   14  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
   15  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
   16  OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
   17  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   18  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
   19  BOTH.
   20    FAILURE TO PROVIDE NOTICE IN THE SECOND DEGREE IS A VIOLATION.
   21  S 265.58 FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE.
   22    A  PERSON  IS  GUILTY OF FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE
   23  WHEN HE OR SHE COMMITS THE OFFENSE OF FAILURE TO PROVIDE NOTICE  IN  THE
   24  SECOND  DEGREE AS DEFINED IN SECTION 265.57 OF THIS ARTICLE AND HAS BEEN
   25  PREVIOUSLY CONVICTED OF THE OFFENSE OF FAILURE TO PROVIDE NOTICE IN  THE
   26  SECOND  DEGREE  AS  DEFINED IN SECTION 265.57 OF THIS ARTICLE WITHIN THE
   27  PRECEDING TEN YEARS.
   28    FAILURE TO PROVIDE NOTICE IN THE FIRST DEGREE IS A CLASS  B  MISDEMEA-
   29  NOR.
   30  S 265.59 SUSPENSION  AND  REVOCATION  OF  A  LICENSE  TO CARRY, POSSESS,
   31             REPAIR OR DISPOSE  OF  A  FIREARM  OR  FIREARMS  PURSUANT  TO
   32             SECTION  400.00  OF THIS CHAPTER AND INELIGIBILITY FOR SUCH A
   33             LICENSE; ORDER TO SURRENDER FIREARMS.
   34    1. WHENEVER (A) A PERSON IS CONVICTED OF FAILURE  TO  STORE  A  WEAPON
   35  SAFELY  IN  THE  SECOND  DEGREE  UNDER SECTION 265.52 OF THIS ARTICLE OR
   36  AGGRAVATED FAILURE TO STORE A WEAPON SAFELY IN THE SECOND  DEGREE  UNDER
   37  SECTION 265.54 OF THIS ARTICLE, AND HAS A PRIOR CONVICTION OF FAILURE TO
   38  STORE  A WEAPON SAFELY IN THE SECOND DEGREE UNDER SECTION 265.52 OF THIS
   39  ARTICLE OR AGGRAVATED FAILURE TO STORE A WEAPON  SAFELY  IN  THE  SECOND
   40  DEGREE  UNDER  SECTION  265.54  OF  THIS  ARTICLE;  OR  (B)  A PERSON IS
   41  CONVICTED OF FAILURE TO STORE A WEAPON SAFELY IN THE FIRST DEGREE  UNDER
   42  SECTION  265.53  OF THIS ARTICLE OR AGGRAVATED FAILURE TO STORE A WEAPON
   43  SAFELY IN THE FIRST DEGREE UNDER SECTION 265.55  OF  THIS  ARTICLE,  THE
   44  COURT  SHALL REVOKE ANY EXISTING LICENSE POSSESSED BY SUCH PERSON, ORDER
   45  SUCH PERSON INELIGIBLE FOR SUCH  A  LICENSE,  AND  ORDER  THE  IMMEDIATE
   46  SURRENDER PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
   47  OF  SECTION 265.20 OF THIS ARTICLE AND SUBDIVISION SIX OF SECTION 400.05
   48  OF THIS CHAPTER, OF ANY OR ALL FIREARMS OWNED OR POSSESSED,  OR  SUSPEND
   49  OR  CONTINUE  TO  SUSPEND  ANY  SUCH  EXISTING LICENSE POSSESSED BY SUCH
   50  PERSON, ORDER SUCH PERSON INELIGIBLE FOR SUCH A LICENSE, AND  ORDER  THE
   51  IMMEDIATE  SURRENDER  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
   52  SUBDIVISION A OF SECTION 265.20 OF THIS ARTICLE AND SUBDIVISION  SIX  OF
   53  SECTION  400.05  OF  THIS  CHAPTER,  OF  ANY  OR  ALL  FIREARMS OWNED OR
   54  POSSESSED.
   55    2. ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION  SHALL  REMAIN
   56  IN EFFECT FOR FIVE YEARS.
       S. 2291                             4
    1    3.  (A) WHENEVER A PERSON IS CONVICTED AS PROVIDED IN PARAGRAPH ONE OF
    2  THIS SECTION, THE COURT SHALL REQUIRE THE RESPONDENT TO INFORM THE COURT
    3  OF ALL FIREARMS HE OR SHE OWNS OR POSSESSES. ANY ORDER TO SURRENDER  ONE
    4  OR  MORE  FIREARMS  SHALL SPECIFY A DATE AND TIME BY WHICH THE SURRENDER
    5  SHALL  BE  COMPLETED  AND,  TO  THE EXTENT POSSIBLE, SHALL DESCRIBE SUCH
    6  FIREARMS TO BE SURRENDERED AND SHALL DIRECT THE AUTHORITY RECEIVING SUCH
    7  SURRENDERED FIREARMS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER.
    8    (B) THE PROMPT SURRENDER OF ONE OR MORE FIREARMS PURSUANT TO  A  COURT
    9  ORDER  ISSUED  PURSUANT  TO THIS SECTION SHALL BE CONSIDERED A VOLUNTARY
   10  SURRENDER FOR PURPOSES OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVI-
   11  SION  A  OF SECTION 265.20 OF THIS ARTICLE.  THE DISPOSITION OF ANY SUCH
   12  FIREARMS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION  SIX
   13  OF SECTION 400.05 OF THIS CHAPTER.
   14    (C)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
   15  RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
   16  DIRECT  THE SURRENDER OF ANY OR ALL PISTOLS, REVOLVERS, RIFLES, SHOTGUNS
   17  OR OTHER FIREARMS OWNED OR POSSESSED BY A RESPONDENT  PURSUANT  TO  THIS
   18  CHAPTER.
   19    4. (A) THE COURT REVOKING OR SUSPENDING THE LICENSE, ORDERING A PERSON
   20  INELIGIBLE FOR SUCH LICENSE, OR ORDERING THE SURRENDER OF ANY FIREARM AS
   21  PROVIDED  IN  THIS SECTION SHALL IMMEDIATELY NOTIFY THE DULY CONSTITUTED
   22  POLICE AUTHORITIES OF THE LOCALITY OF SUCH ACTION AND  THE  DIVISION  OF
   23  STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   24    (B)  WHERE  AN  ORDER  OF  REVOCATION,  SUSPENSION,  INELIGIBILITY, OR
   25  SURRENDER IS MODIFIED OR VACATED, THE COURT SHALL IMMEDIATELY NOTIFY THE
   26  DULY CONSTITUTED POLICE AUTHORITIES  OF  THE  LOCALITY  CONCERNING  SUCH
   27  ACTION  AND  SHALL GIVE WRITTEN NOTICE THEREOF WITHOUT UNNECESSARY DELAY
   28  TO THE DIVISION OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.
   29    5. THE RESPONDENT SHALL HAVE THE RIGHT TO A HEARING BEFORE  THE  COURT
   30  REGARDING  ANY  REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDER
   31  ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS  SUBDIVI-
   32  SION  SHALL  PRECLUDE  THE  COURT FROM ISSUING ANY SUCH ORDER PRIOR TO A
   33  HEARING. WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEARING, IT
   34  SHALL COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE SUCH  ORDER
   35  WAS ISSUED.
   36    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   37  vision 18 to read as follows:
   38    18.  NOTICE.  UPON THE ISSUANCE OR RENEWAL OF A LICENSE, THE LICENSING
   39  OFFICER SHALL ISSUE THEREWITH THE FOLLOWING NOTICE  IN  CONSPICUOUS  AND
   40  LEGIBLE  TWENTY-FOUR  POINT  TYPE ON EIGHT AND ONE-HALF INCHES BY ELEVEN
   41  INCHES PAPER STATING IN BOLD PRINT THE FOLLOWING:
   42                                    WARNING
   43  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
   44  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
   45  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
   46  OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
   47  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
   48  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
   49  BOTH.
   50    S 5. Subdivision 2 of section 396-ee of the general business  law,  as
   51  added by chapter 189 of the laws of 2000, is amended to read as follows:
   52    (2)  Every  person, firm or corporation engaged in the retail business
   53  of selling rifles, shotguns or firearms, as such terms  are  defined  in
   54  section  265.00 of the penal law, shall, in the place where such rifles,
   55  shotguns or firearms are displayed or transferred to the purchaser, post
   56  a notice conspicuously stating in bold print that: ["The use of a  lock-
       S. 2291                             5
    1  ing  device  or  safety  lock  is only one aspect of responsible firearm
    2  storage.  For increased safety firearms should be  stored  unloaded  and
    3  locked  in  a  location  that is both separate from their ammunition and
    4  inaccessible to children and any other unauthorized person."] "RESPONSI-
    5  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
    6  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSITORY  OR
    7  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
    8  OTHER  LAWFUL POSSESSOR.   FIREARMS SHOULD BE STORED UNLOADED AND LOCKED
    9  IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A
   10  CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH."
   11    S 6. If any word, phrase, clause,  sentence,  paragraph,  section,  or
   12  part  of  this act shall be adjudged by any court of competent jurisdic-
   13  tion to be invalid, such judgment shall not affect, impair,  or  invali-
   14  date  the  remainder  thereof, but shall be confined in its operation to
   15  the words, phrase, clause, sentence, paragraph, section, or part thereof
   16  directly involved in the controversy in which such judgment  shall  have
   17  been rendered.
   18    S 7. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.