STATE OF NEW YORK
        ________________________________________________________________________
                                           457
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  ABINANTI,  JAFFEE,  PAULIN, MOSLEY, STECK --
          Multi-Sponsored by -- M. of A. COOK, GLICK, GOTTFRIED -- 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  § 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.  §  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 §
    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
    24  or  supersede  any  special or local act relating to the safe storage of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03282-01-7

        A. 457                              2
     1  rifles, shotguns or firearms which impose additional requirements on the
     2  owner or custodian of such weapons.
     3    A violation of this section shall constitute a class A misdemeanor.
     4    § 2. This act shall take effect immediately.