STATE OF NEW YORK
        ________________________________________________________________________
                                          4392
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 13, 2017
                                       ___________
        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 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.
    22    § 3. Section 265.45 of  the  penal  law  is  REPEALED  and  three  new
    23  sections 265.45, 265.46 and 265.47 are added to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01105-01-7

        S. 4392                             2
     1  § 265.45 Failure  to  safely  store a rifle, shotgun, firearm or antique
     2             firearm.
     3    A  person  is  guilty  of  failure  to  safely store a rifle, shotgun,
     4  firearm or antique firearm when he or she  owns  or  has  custody  of  a
     5  rifle,  shotgun, firearm or antique firearm and leaves such rifle, shot-
     6  gun, firearm or antique firearm out of his or her  immediate  possession
     7  or  control  without  having  first securely locked such rifle, shotgun,
     8  firearm or antique firearm in an appropriate safe storage depository  or
     9  rendered  it  incapable  of  being  fired by use of a gun locking device
    10  appropriate to that weapon; provided, however, that actual possession of
    11  a rifle, shotgun, firearm or antique firearm by the holder  of  a  valid
    12  New  York hunting license or permit issued pursuant to article eleven of
    13  the environmental conservation law and contemporaneously used in accord-
    14  ance with such law shall not be governed by this section.
    15    Nothing in this section shall be deemed to affect, impair or supersede
    16  any special or local law relating to the safe storage of  rifles,  shot-
    17  guns, firearms or antique firearms which imposes additional requirements
    18  on the owner or custodian of such weapons.
    19    Failure  to  safely store a rifle, shotgun, firearm or antique firearm
    20  is a violation.
    21  § 265.46 Failure to safely store a rifle, shotgun,  firearm  or  antique
    22             firearm in the second degree.
    23    A  person  is  guilty  of  failure  to  safely store a rifle, shotgun,
    24  firearm or antique firearm in the second degree when he or  she  commits
    25  the  crime  of  failure  to  safely  store  a rifle, shotgun, firearm or
    26  antique firearm as defined in section 265.45 of this article and:
    27    1. at the time of the commission of such crime, he or she resides with
    28  another individual who such person  knows  or  has  reason  to  know  is
    29  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1),
    30  (4), (8) or (9); or
    31    2. he or she has been previously convicted of failure to safely  store
    32  a  rifle,  shotgun, firearm or antique firearm within the past ten years
    33  under this section, or section 265.45 or 265.47 of this article.
    34    Nothing in this section shall be deemed to affect, impair or supersede
    35  any special or local law relating to the safe storage of  rifles,  shot-
    36  guns,  firearms  or  antique firearms, which imposes additional require-
    37  ments on the owner or custodian of such weapons.
    38    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
    39  in the second degree is a class A misdemeanor.
    40  § 265.47 Failure  to  safely  store a rifle, shotgun, firearm or antique
    41             firearm in the first degree.
    42    A person is guilty of  failure  to  safely  store  a  rifle,  shotgun,
    43  firearm  or  antique  firearm in the first degree when he or she commits
    44  the offense of failure to safely store  a  rifle,  shotgun,  firearm  or
    45  antique  firearm  as  defined in section 265.45 of this article and as a
    46  result of such failure to safely store such rifle, shotgun,  firearm  or
    47  antique  firearm  is  obtained  by an unauthorized person and discharges
    48  causing physical injury to any other person.
    49    Failure to safely store a rifle, shotgun, firearm or  antique  firearm
    50  in the first degree is a class E felony.
    51    §  4.  The  penal  law is amended by adding three new sections 265.49,
    52  265.51 and 265.53 to read as follows:
    53  § 265.49 Failure to provide notice in the second degree.
    54    No person shall sell or transfer  ownership  of  any  rifle,  shotgun,
    55  firearm,  or  antique firearm to another person unless the transferee is
    56  provided at the time of sale, delivery, or transfer with:

        S. 4392                             3
     1    1. A gun locking device that is capable of preventing that  particular
     2  weapon from firing or a safe storage depository; and
     3    2.  A copy of the following warning in conspicuous and legible twenty-
     4  four point type on eight and one-half  inches  by  eleven  inches  paper
     5  stating in bold print the following warning:
     6                                   WARNING
     7  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
     8  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
     9  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
    10  OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED  AND
    11  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    12  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    13  BOTH.
    14    Failure to provide notice in the second degree is a violation.
    15  § 265.51 Failure to provide notice in the first degree.
    16    A  person  is  guilty of failure to provide notice in the first degree
    17  when he or she commits the offense of failure to provide notice  in  the
    18  second  degree as defined in section 265.49 of this article and has been
    19  previously convicted of failure to provide notice under this section  or
    20  section 265.49 of this article within the preceding ten years.
    21    Failure  to  provide notice in the first degree is a class B misdemea-
    22  nor.
    23  § 265.53 Reporting of certain firearm convictions.
    24    When a person has a prior conviction for failure  to  safely  store  a
    25  rifle, shotgun, firearm or antique firearm in the second degree or fail-
    26  ure  to safely store a rifle, shotgun, firearm or antique firearm in the
    27  first degree, upon a second or  subsequent  conviction  of  either  such
    28  offense,  the  district  attorney  or  other  prosecuting  authority who
    29  obtained such conviction shall provide notice of such conviction to both
    30  the division of state police and, if such person possesses  a  New  York
    31  state  issued  handgun  license,  the  pertinent  licensing  officer who
    32  currently exercises legal authority over  such  person's  license.  Such
    33  notice  shall  include  the  offense  for  which  the defendant has been
    34  convicted, the name and address of such offender and  other  identifying
    35  information,  including the offender's date of birth and social security
    36  number, to the extent consistent with federal and state  laws  governing
    37  personal  privacy  and  confidentiality  of  information.  Such district
    38  attorney or other prosecuting authority shall include in such notice the
    39  name and business address of the offender's counsel  of  record  in  the
    40  criminal proceeding. Such notice must be filed not more than thirty days
    41  after judgment has been entered.
    42    § 5. Section 400.00 of the penal law is amended by adding a new subdi-
    43  vision 18 to read as follows:
    44    18.  Notice.  Upon the issuance or renewal of a license, the licensing
    45  officer shall issue therewith the following notice  in  conspicuous  and
    46  legible  twenty-four  point  type on eight and one-half inches by eleven
    47  inches paper stating in bold print the following:
    48                                   WARNING
    49  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
    50  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
    51  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
    52  OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
    53  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    54  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    55  BOTH.

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