STATE OF NEW YORK
        ________________________________________________________________________
                                           425
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04998-01-9

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

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

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     1  a notice conspicuously stating in bold print that:   "The use of  a  gun
     2  locking  device  or  [safety  lock]  a  locked box is only one aspect of
     3  responsible firearm storage.  For increased safety  firearms  should  be
     4  stored  unloaded  and  locked  in  a location that is both separate from
     5  their ammunition and inaccessible to children and any other unauthorized
     6  person. Leaving rifles, shotguns and firearms  accessible  to  a  person
     7  under eighteen is a crime in New York state."
     8    §  6.  Section  305  of  the  education law is amended by adding a new
     9  subdivision 57 to read as follows:
    10    57. The commissioner shall in cooperation with the division of  crimi-
    11  nal  justice  services  develop  a  weapons  safety  program designed to
    12  protect children from the risk of gun-related  death  and  injury.  Such
    13  program shall be designed to teach children to follow an effective safe-
    14  ty  procedure  when  they  are exposed to a gun, shall specifically warn
    15  children that contact with guns can result in serious  injury  or  death
    16  and  shall  have  been  proven to be effective to prevent injury through
    17  formal evaluation by  objective  public  health  and  education  profes-
    18  sionals. Such program may be used in public and nonpublic schools at the
    19  discretion  of the local school board of education or board of trustees,
    20  whichever is applicable. The commissioner  shall  submit  an  evaluation
    21  report on this program to the governor, the speaker of the assembly, the
    22  temporary  president  of  the  senate,  the  chair of the assembly codes
    23  committee and the chair of the senate  codes  committee  no  later  than
    24  January first, two thousand twenty-three.
    25    §  7. Severability.  If any word, phrase, clause, sentence, paragraph,
    26  section, or part of this act shall be adjudged by any court of competent
    27  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    28  invalidate the remainder thereof, but shall be confined in its operation
    29  to  the  words,  phrase,  clause,  sentence, paragraph, section, or part
    30  thereof directly involved in the  controversy  in  which  such  judgment
    31  shall have been rendered.
    32    § 8. This act shall take effect on the first of November next succeed-
    33  ing  the  date  on  which it shall have become a law, provided, however,
    34  that sections three and four of this act shall take effect May 1,  2022;
    35  provided, further, that section five of this act shall take effect March
    36  1,  2022. Effective immediately the addition, amendment and/or repeal of
    37  any rule or regulation necessary for the implementation of this  act  on
    38  its  effective date are authorized to be made and completed on or before
    39  such effective date.