STATE OF NEW YORK
        ________________________________________________________________________
                                          3355
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        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.
    23    28.  "Gun  locking  device"  means  an integrated design feature or an
    24  attachable accessory that is resistant to tampering and is effective  in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03389-01-7

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     1  preventing  the  discharge  of  a  weapon  by a person who does not have
     2  access to the key, combination or other mechanism used to disengage  the
     3  device.
     4    29. "Loaded rifle" means any rifle loaded with ammunition or any rifle
     5  which is possessed by one who, at the same time, possesses a quantity of
     6  ammunition which may be used to discharge such rifle.
     7    30.  "Loaded  shotgun" means any shotgun loaded with ammunition or any
     8  shotgun which is possessed by one who, at the  same  time,  possesses  a
     9  quantity of ammunition which may be used to discharge such shotgun.
    10    §  4.  The  penal  law  is  amended by adding six new sections 265.50,
    11  265.55, 265.60, 265.65, 265.70 and 265.75 to read as follows:
    12  § 265.50 Failure to store a weapon safely in the second degree.
    13    A person is guilty of failure to store a weapon safely in  the  second
    14  degree  when he or she stores or otherwise leaves a weapon out of his or
    15  her immediate possession or control without having first securely locked
    16  such weapon in an appropriate locked box or  rendered  it  incapable  of
    17  being fired by the use of a gun locking device appropriate to that weap-
    18  on.
    19    Failure to store a weapon safely in the second degree is a violation.
    20  § 265.55 Failure to store a weapon safely in the first degree.
    21    A  person  is  guilty of failure to store a weapon safely in the first
    22  degree when he or she commits the offense of failure to store  a  weapon
    23  safely in the second degree as defined in section 265.50 of this article
    24  and  has  been previously convicted of the offense of failure to store a
    25  weapon safely in the second degree as defined in section 265.50 of  this
    26  article within the preceding five years.
    27    Failure  to  store  a  weapon  safely in the first degree is a class B
    28  misdemeanor.
    29  § 265.60 Aggravated failure to store a weapon safely.
    30    A person is guilty of aggravated failure to store a weapon safely when
    31  he or she commits the offense of failure to store a weapon safely in the
    32  second degree as defined in section 265.50  of  this  article  and  such
    33  weapon  is  removed  from  the  premises or discharged by another person
    34  under the age of eighteen.
    35    Aggravated failure to store a weapon safely is a class A misdemeanor.
    36  § 265.65 Criminally negligent storage of a weapon in the second degree.
    37    1. A person is guilty of criminally negligent storage of a  weapon  in
    38  the  second  degree  when  with criminal negligence, he or she stores or
    39  leaves a loaded rifle, loaded shotgun or loaded firearm in any  location
    40  where  such  weapon  is accessible to a person under the age of eighteen
    41  and such weapon is discharged by such person under the age of  eighteen,
    42  which  causes  serious  physical  injury to such person under the age of
    43  eighteen or any other person.
    44    2. In any prosecution under this section it shall  be  an  affirmative
    45  defense  that  the  defendant actively pursued all reasonable efforts to
    46  retrieve or otherwise regain possession of  such  weapon  prior  to  its
    47  discharge.
    48    3. The provisions of this section shall not apply if:
    49    (a)  such person under the age of eighteen gains access to such weapon
    50  as a result of an unlawful entry to any premises by any person;
    51    (b) such weapon is stored in a  securely  locked  box  which  prevents
    52  access  to  the weapon and any ammunition which may be used to discharge
    53  such weapon is stored in a separate, securely locked box which  prevents
    54  access to such ammunition;
    55    (c)  such  weapon  is secured with a gun locking device which prevents
    56  the weapon from discharging;

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     1    (d) such person under the age of eighteen possessed the loaded shotgun
     2  or loaded rifle in compliance with a valid hunting license issued pursu-
     3  ant to article eleven of the environmental conservation law;
     4    (e)  such  weapon  is in the possession or control of a police officer
     5  while the officer is engaged in official duties; or
     6    (f) such weapon is needed for the lawful purpose of self defense.
     7    Criminally negligent storage of a weapon in the  second  degree  is  a
     8  class E felony.
     9  § 265.70 Criminally negligent storage of a weapon in the first degree.
    10    1.  A  person is guilty of criminally negligent storage of a weapon in
    11  the first degree when with criminal negligence,  he  or  she  stores  or
    12  leaves  a loaded rifle, loaded shotgun or loaded firearm in any location
    13  where such weapon is accessible to a person under the  age  of  eighteen
    14  and  such weapon is discharged by such person under the age of eighteen,
    15  which causes the death of such person under the age of eighteen  or  any
    16  other person.
    17    2.  In  any  prosecution under this section it shall be an affirmative
    18  defense that the defendant actively pursued all  reasonable  efforts  to
    19  retrieve  or  otherwise  regain  possession  of such weapon prior to its
    20  discharge.
    21    3. The provisions of this section shall not apply if:
    22    (a) such person under the age of eighteen gains access to such  weapon
    23  as a result of an unlawful entry to any premises by any person;
    24    (b)  such  weapon  is  stored  in a securely locked box which prevents
    25  access to the weapon and any ammunition which may be used  to  discharge
    26  such  weapon is stored in a separate, securely locked box which prevents
    27  access to the weapon;
    28    (c) the weapon is secured with a gun locking device which prevents the
    29  weapon from discharging;
    30    (d) such person under the age of eighteen possessed the loaded shotgun
    31  or loaded rifle in compliance with a valid hunting license issued pursu-
    32  ant to article eleven of the environmental conservation law;
    33    (e) such weapon is in the possession or control of  a  police  officer
    34  while the officer is engaged in official duties; or
    35    (f) such weapon is needed for the lawful purpose of self defense.
    36    Criminally  negligent  storage  of  a  weapon in the first degree is a
    37  class D felony.
    38  § 265.75 Criminally negligent storage of  a  weapon  in  the  first  and
    39               second degree; application.
    40    If  a person who is suspected of violating section 265.65 or 265.70 of
    41  this article is the parent or guardian of a child who is injured or  who
    42  dies  as  the  result  of  such  violation,  the district attorney shall
    43  consider, among other factors, the impact of the injury or death on  the
    44  person  who  is  suspected of violating section 265.65 or 265.70 of this
    45  article when deciding whether or not to prosecute such person  for  such
    46  offense.
    47    §  5.  The  section heading and subdivision 2 of section 396-ee of the
    48  general business law, as added by chapter 189 of the laws of  2000,  are
    49  amended to read as follows:
    50    Sale of certain weapons; locking devices and locked boxes therefor.
    51    (2)  Every  person, firm or corporation engaged in the retail business
    52  of selling rifles, shotguns or firearms, as such terms  are  defined  in
    53  section  265.00 of the penal law, shall, in the place where such rifles,
    54  shotguns or firearms are displayed or transferred to the purchaser, post
    55  a notice conspicuously stating in bold print that:   "The use of  a  gun
    56  locking  device  or  [safety  lock]  a  locked box is only one aspect of

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     1  responsible firearm storage.  For increased safety  firearms  should  be
     2  stored  unloaded  and  locked  in  a location that is both separate from
     3  their ammunition and inaccessible to children and any other unauthorized
     4  person.  Leaving  rifles,  shotguns  and firearms accessible to a person
     5  under eighteen is a crime in New York state."
     6    § 6. Section 305 of the education law  is  amended  by  adding  a  new
     7  subdivision 56 to read as follows:
     8    56.  The commissioner shall in cooperation with the division of crimi-
     9  nal justice services  develop  a  weapons  safety  program  designed  to
    10  protect  children  from  the  risk of gun-related death and injury. Such
    11  program shall be designed to teach children to follow an effective safe-
    12  ty procedure when they are exposed to a  gun,  shall  specifically  warn
    13  children  that  contact  with guns can result in serious injury or death
    14  and shall have been proven to be effective  to  prevent  injury  through
    15  formal  evaluation  by  objective  public  health  and education profes-
    16  sionals. Such program may be used in public and nonpublic schools at the
    17  discretion of the local school board of education or board of  trustees,
    18  whichever  is  applicable.  The  commissioner shall submit an evaluation
    19  report on this program to the governor, the speaker of the assembly, the
    20  temporary president of the senate,  the  chair  of  the  assembly  codes
    21  committee  and  the  chair  of  the senate codes committee no later than
    22  January first, two thousand twenty-one.
    23    § 7. Severability.  If any word, phrase, clause, sentence,  paragraph,
    24  section, or part of this act shall be adjudged by any court of competent
    25  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    26  invalidate the remainder thereof, but shall be confined in its operation
    27  to the words, phrase, clause,  sentence,  paragraph,  section,  or  part
    28  thereof  directly  involved  in  the  controversy in which such judgment
    29  shall have been rendered.
    30    § 8. This act shall take effect on the first of November next succeed-
    31  ing the date on which it shall have become  a  law,  provided,  however,
    32  that  sections three and four of this act shall take effect May 1, 2020;
    33  provided, further, that section five of this act shall take effect March
    34  1, 2020 except that any rule or  regulation  necessary  for  the  timely
    35  implementation  of  section  five  of  this act may be promulgated on or
    36  before such date.