STATE OF NEW YORK
        ________________________________________________________________________
                                          1764
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sens.  KRUEGER, MAYER -- 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 Section 265.45 of  the  penal  law  is  REPEALED  and  three  new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.
                                                                   LBD03712-01-9

        S. 1764                             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);
    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; or
    34    3. as a result, such rifle, shotgun, firearm  or  antique  firearm  is
    35  obtained by an unauthorized person and discharges causing physical inju-
    36  ry to any other person.
    37    Nothing in this section shall be deemed to affect, impair or supersede
    38  any  special  or local law relating to the safe storage of rifles, shot-
    39  guns, firearms or antique firearms, which  imposes  additional  require-
    40  ments on the owner or custodian of such weapons.
    41    Failure  to  safely store a rifle, shotgun, firearm or antique firearm
    42  in the second degree is a class A misdemeanor.
    43  § 265.47 Failure to safely store a rifle, shotgun,  firearm  or  antique
    44             firearm in the first degree.
    45    A  person  is  guilty  of  failure  to  safely store a rifle, shotgun,
    46  firearm or antique firearm in the first degree when he  or  she  commits
    47  the  offense  of  failure  to  safely store a rifle, shotgun, firearm or
    48  antique firearm as defined in section 265.45 of this article  and  as  a
    49  result,  such  rifle, shotgun, firearm or antique firearm is obtained by
    50  an unauthorized person and discharges causing the  death  of  any  other
    51  person.
    52    Failure  to  safely store a rifle, shotgun, firearm or antique firearm
    53  in the first degree is a class E felony.
    54    § 4. The penal law is amended by adding  three  new  sections  265.49,
    55  265.51 and 265.53 to read as follows:
    56  § 265.49 Failure to provide notice in the second degree.

        S. 1764                             3
     1    No  person  shall  sell  or  transfer ownership of any rifle, shotgun,
     2  firearm, or antique firearm to another person unless the  transferee  is
     3  provided at the time of sale, delivery, or transfer with:
     4    1.  A gun locking device that is capable of preventing that particular
     5  weapon from firing or a safe storage depository; and
     6    2. A copy of the following warning in conspicuous and legible  twenty-
     7  four  point  type  on  eight  and one-half inches by eleven inches paper
     8  stating in bold print the following warning:
     9                                   WARNING
    10  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
    11  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
    12  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
    13  OWNER  OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND
    14  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    15  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    16  BOTH.
    17    Failure to provide notice in the second degree is a violation.
    18  § 265.51 Failure to provide notice in the first degree.
    19    A person is guilty of failure to provide notice in  the  first  degree
    20  when  he  or she commits the offense of failure to provide notice in the
    21  second degree as defined in section 265.49 of this article and has  been
    22  previously  convicted of failure to provide notice under this section or
    23  section 265.49 of this article within the preceding ten years.
    24    Failure to provide notice in the first degree is a class  B  misdemea-
    25  nor.
    26  § 265.53 Reporting of certain firearm convictions.
    27    When  a  person  has  a prior conviction for failure to safely store a
    28  rifle, shotgun, firearm or antique firearm in the second degree or fail-
    29  ure to safely store a rifle, shotgun, firearm or antique firearm in  the
    30  first  degree,  upon  a  second  or subsequent conviction of either such
    31  offense, the  district  attorney  or  other  prosecuting  authority  who
    32  obtained such conviction shall provide notice of such conviction to both
    33  the  division  of  state police and, if such person possesses a New York
    34  state issued  handgun  license,  the  pertinent  licensing  officer  who
    35  currently  exercises  legal  authority  over such person's license. Such
    36  notice shall include the  offense  for  which  the  defendant  has  been
    37  convicted,  the  name and address of such offender and other identifying
    38  information, including the offender's date of birth and social  security
    39  number,  to  the extent consistent with federal and state laws governing
    40  personal privacy  and  confidentiality  of  information.  Such  district
    41  attorney or other prosecuting authority shall include in such notice the
    42  name  and  business  address  of the offender's counsel of record in the
    43  criminal proceeding. Such notice must be filed not more than thirty days
    44  after judgment has been entered.
    45    § 5. Section 400.00 of the penal law is amended by adding a new subdi-
    46  vision 18 to read as follows:
    47    18. Notice. Upon the issuance or renewal of a license,  the  licensing
    48  officer  shall  issue  therewith the following notice in conspicuous and
    49  legible twenty-four point type on eight and one-half  inches  by  eleven
    50  inches paper stating in bold print the following:
    51                                   WARNING
    52  RESPONSIBLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST
    53  EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE  DEPOSI-
    54  TORY  OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE
    55  OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED  AND
    56  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-

        S. 1764                             4
     1  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
     2  BOTH.
     3    §  6.  Subdivision 2 of section 396-ee of the general business law, as
     4  added by chapter 189 of the laws of 2000, is amended to read as follows:
     5    (2) Every person, firm or corporation engaged in the  retail  business
     6  of  selling rifles, shotguns [or], firearms or antique firearms, as such
     7  terms are defined in section 265.00 of the  penal  law,  shall,  in  the
     8  place where such rifles, shotguns [or], firearms or antique firearms are
     9  displayed  or  transferred to the purchaser, post a notice conspicuously
    10  stating in bold print that: ["The use of a locking device or safety lock
    11  is only one aspect of responsible firearm storage.  For increased safety
    12  firearms should be stored unloaded and locked in a location that is both
    13  separate from their ammunition and  inaccessible  to  children  and  any
    14  other  unauthorized  person."]"RESPONSIBLE FIREARM STORAGE IS THE LAW IN
    15  NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE
    16  OR IN A SAFE STORAGE DEPOSITORY OR NOT BE  LEFT  OUTSIDE  THE  IMMEDIATE
    17  POSSESSION  AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS
    18  SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNI-
    19  TION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PERSON MAY SUBJECT
    20  YOU TO IMPRISONMENT, FINE, OR BOTH."
    21    § 7. Severability. If any word, phrase, clause,  sentence,  paragraph,
    22  section, or part of this act shall be adjudged by any court of competent
    23  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    24  invalidate the remainder thereof, but shall be confined in its operation
    25  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    26  eof directly involved in the controversy in which  such  judgment  shall
    27  have been rendered.
    28    § 8. This act shall take effect on the first of November next succeed-
    29  ing the date on which it shall have become a law.