STATE OF NEW YORK
        ________________________________________________________________________
                                         4392--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 13, 2017
                                       ___________
        Introduced  by  Sens. KLEIN, KAMINSKY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
        AN ACT to amend the penal law, and the general business 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    § 2. The penal law is amended by adding a new section 265.44  to  read
    14  as follows:
    15  § 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
    20  person other than the owner or custodian access to and possession of the
    21  weapon contained therein.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01105-05-7

        S. 4392--A                          2
     1    § 3. Section 265.45 of  the  penal  law  is  REPEALED  and  three  new
     2  sections 265.45, 265.46 and 265.47 are added to read as follows:
     3  § 265.45 Failure  to  safely  store a rifle, shotgun, firearm or antique
     4             firearm.
     5    A person is guilty of  failure  to  safely  store  a  rifle,  shotgun,
     6  firearm  or  antique  firearm  when  he  or she owns or has custody of a
     7  rifle, shotgun, firearm or antique firearm and leaves such rifle,  shot-
     8  gun,  firearm  or antique firearm out of his or her immediate possession
     9  or control without having first securely  locked  such  rifle,  shotgun,
    10  firearm  or antique firearm in an appropriate safe storage depository or
    11  rendered it incapable of being fired by use  of  a  gun  locking  device
    12  appropriate to that weapon; provided, however, that actual possession of
    13  a  rifle,  shotgun,  firearm or antique firearm by the holder of a valid
    14  New York hunting license or permit issued pursuant to article eleven  of
    15  the environmental conservation law and contemporaneously used in accord-
    16  ance with such law shall not be governed by this section.
    17    Nothing in this section shall be deemed to affect, impair or supersede
    18  any  special  or local law relating to the safe storage of rifles, shot-
    19  guns, firearms or antique firearms which imposes additional requirements
    20  on the owner or custodian of such weapons.
    21    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
    22  is a violation.
    23  § 265.46 Failure  to  safely  store a rifle, shotgun, firearm or antique
    24             firearm in the second degree.
    25    A person is guilty of  failure  to  safely  store  a  rifle,  shotgun,
    26  firearm  or  antique firearm in the second degree when he or she commits
    27  the crime of failure to  safely  store  a  rifle,  shotgun,  firearm  or
    28  antique firearm as defined in section 265.45 of this article and:
    29    1. at the time of the commission of such crime, he or she resides with
    30  another  individual  who  such  person  knows  or  has reason to know is
    31  prohibited from possessing a firearm pursuant to 18 U.S.C. §  922(g)(1),
    32  (4), (8) or (9);
    33    2.  he or she has been previously convicted of failure to safely store
    34  a rifle, shotgun, firearm or antique firearm within the past  ten  years
    35  under this section, or section 265.45 or 265.47 of this article; or
    36    3.  as  a  result,  such rifle, shotgun, firearm or antique firearm is
    37  obtained by an unauthorized person and discharges causing physical inju-
    38  ry to any other person.
    39    Nothing in this section shall be deemed to affect, impair or supersede
    40  any special or local law relating to the safe storage of  rifles,  shot-
    41  guns,  firearms  or  antique firearms, which imposes additional require-
    42  ments on the owner or custodian of such weapons.
    43    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
    44  in the second degree is a class A misdemeanor.
    45  § 265.47 Failure  to  safely  store a rifle, shotgun, firearm or antique
    46             firearm in the first degree.
    47    A person is guilty of  failure  to  safely  store  a  rifle,  shotgun,
    48  firearm  or  antique  firearm in the first degree when he or she commits
    49  the offense of failure to safely store  a  rifle,  shotgun,  firearm  or
    50  antique  firearm  as  defined in section 265.45 of this article and as a
    51  result, such rifle, shotgun, firearm or antique firearm is  obtained  by
    52  an  unauthorized  person  and  discharges causing the death of any other
    53  person.
    54    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
    55  in the first degree is a class E felony.

        S. 4392--A                          3
     1    §  4.  The  penal  law is amended by adding three new sections 265.49,
     2  265.51 and 265.53 to read as follows:
     3  § 265.49 Failure to provide notice in the second degree.
     4    No  person  shall  sell  or  transfer ownership of any rifle, shotgun,
     5  firearm, or antique firearm to another person unless the  transferee  is
     6  provided at the time of sale, delivery, 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  § 265.51 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 265.49 of this article and has  been
    25  previously  convicted of failure to provide notice under this section or
    26  section 265.49 of this article within the preceding ten years.
    27    Failure to provide notice in the first degree is a class  B  misdemea-
    28  nor.
    29  § 265.53 Reporting of certain firearm convictions.
    30    When  a  person  has  a prior conviction for failure to safely store a
    31  rifle, shotgun, firearm or antique firearm in the second degree or fail-
    32  ure to safely store a rifle, shotgun, firearm or antique firearm in  the
    33  first  degree,  upon  a  second  or subsequent conviction of either such
    34  offense, the  district  attorney  or  other  prosecuting  authority  who
    35  obtained such conviction shall provide notice of such conviction to both
    36  the  division  of  state police and, if such person possesses a New York
    37  state issued  handgun  license,  the  pertinent  licensing  officer  who
    38  currently  exercises  legal  authority  over such person's license. Such
    39  notice shall include the  offense  for  which  the  defendant  has  been
    40  convicted,  the  name and address of such offender and other identifying
    41  information, including the offender's date of birth and social  security
    42  number,  to  the extent consistent with federal and state laws governing
    43  personal privacy  and  confidentiality  of  information.  Such  district
    44  attorney or other prosecuting authority shall include in such notice the
    45  name  and  business  address  of the offender's counsel of record in the
    46  criminal proceeding. Such notice must be filed not more than thirty days
    47  after judgment has been entered.
    48    § 5. Section 400.00 of the penal law is amended by adding a new subdi-
    49  vision 18 to read as follows:
    50    18. Notice. Upon the issuance or renewal of a license,  the  licensing
    51  officer  shall  issue  therewith the following notice in conspicuous and
    52  legible twenty-four point type on eight and one-half  inches  by  eleven
    53  inches paper stating in bold print the following:
    54                                   WARNING
    55  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
    56  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-

        S. 4392--A                          4
     1  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
     2  OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED  AND
     3  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
     4  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
     5  BOTH.
     6    §  6.  Subdivision 2 of section 396-ee of the general business law, as
     7  added by chapter 189 of the laws of 2000, is amended to read as follows:
     8    (2) Every person, firm or corporation engaged in the  retail  business
     9  of  selling rifles, shotguns [or], firearms or antique firearms, as such
    10  terms are defined in section 265.00 of the  penal  law,  shall,  in  the
    11  place where such rifles, shotguns [or], firearms or antique firearms are
    12  displayed  or  transferred to the purchaser, post a notice conspicuously
    13  stating in bold print that: ["The use of a locking device or safety lock
    14  is only one aspect of responsible firearm storage.  For increased safety
    15  firearms should be stored unloaded and locked in a location that is both
    16  separate from their ammunition and  inaccessible  to  children  and  any
    17  other  unauthorized  person."]"RESPONSIBLE FIREARM STORAGE IS THE LAW IN
    18  NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE
    19  OR IN A SAFE STORAGE DEPOSITORY OR NOT BE  LEFT  OUTSIDE  THE  IMMEDIATE
    20  POSSESSION  AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS
    21  SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNI-
    22  TION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PERSON MAY SUBJECT
    23  YOU TO IMPRISONMENT, FINE, OR BOTH."
    24    § 7. Severability. If any word, phrase, clause,  sentence,  paragraph,
    25  section, or part of this act shall be adjudged by any court of competent
    26  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    27  invalidate the remainder thereof, but shall be confined in its operation
    28  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    29  eof directly involved in the controversy in which  such  judgment  shall
    30  have been rendered.
    31    § 8. This act shall take effect on the first of November next succeed-
    32  ing the date on which it shall have become a law.