STATE OF NEW YORK ________________________________________________________________________ 5278--A 2015-2016 Regular Sessions IN ASSEMBLY February 17, 2015 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD05544-03-5