S07822 Summary:

BILL NOS07822
 
SAME ASSAME AS A08293-A
 
SPONSORKLEIN
 
COSPNSRSQUADRON
 
MLTSPNSR
 
Add SS265.50 - 265.59, amd S400.00, Pen L; amd S396-ee, Gen Bus L
 
Enacts "Nicholas' law"; requires the safe storage of all weapons, either in a safe or with a locking device, and provides penalties for simple and complex violations (removal from premises, injury or death results); requires notices to be furnished upon transfer of weapons and issuance/renewal of licenses; defines weapons to mean rifles, shotguns and firearms; does not preempt local laws no less restrictive or stringent.
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S07822 Actions:

BILL NOS07822
 
06/12/2014REFERRED TO CODES
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S07822 Memo:

Memo not available
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S07822 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7822
 
                    IN SENATE
 
                                      June 12, 2014
                                       ___________
 
        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 safe weapon storage
 
          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 "Nicholas's law".
     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. The legislature hereby finds the following:
     7    The presence of unsecured, easily accessible,  weapons  in  homes  and
     8  other  places increases the likelihood of death or injury from accidents
     9  and impulsive acts. Guns left unattended must be kept locked  or  stored
    10  securely  to  prevent  access by children and others who should not have
    11  access to them. Gun owners and other lawful possessors  are  responsible
    12  for  keeping  their  weapons from falling into the hands of children and
    13  other unauthorized individuals.

    14    § 3. The penal law is amended  by  adding  ten  new  sections  265.50,
    15  265.51,  265.52,  265.53,  265.54,  265.55,  265.56,  265.57, 265.58 and
    16  265.59 to read as follows:
    17  § 265.50 Definitions; safe weapon storage.
    18    As used in sections 265.51 through 265.59 of this article, the follow-
    19  ing terms shall have the following meanings:
    20    1. "Person"  includes  a  natural  person,  corporation,  partnership,
    21  limited liability company, or any other entity.
    22    2.  "Safe  storage  depository" means a safe or other secure container
    23  which, when locked, is incapable of being opened without the key, combi-
    24  nation, or other unlocking mechanism and is  capable  of  preventing  an
    25  unauthorized person from obtaining access to and possession of the weap-

    26  on  contained  therein.  The  division of state police shall develop and
    27  promulgate rules and regulations setting forth the specific  devices  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13076-05-4

        S. 7822                             2
 
     1  the  minimum  standards and criteria therefor which constitute an effec-
     2  tive safe storage depository.
     3    3.  "Weapon" means a "rifle", "shotgun", "firearm", "antique firearm",
     4  or "machine gun".
     5  § 265.51 Safe storage of weapons; applicability.
     6    The provisions of section 265.52 of this article shall  not  apply  to

     7  any duly licensed manufacturer of weapons.
     8  § 265.52 Failure to store a weapon safely in the second degree.
     9    A  person  is guilty of failure to store a weapon safely in the second
    10  degree when he or she owns or is a bailee or other knowing and voluntary
    11  possessor of a weapon and stores or otherwise leaves a weapon out of his
    12  or her immediate possession or control  without  having  first  securely
    13  locked such weapon in an appropriate safe storage depository or rendered
    14  it incapable of being fired by the use of a gun locking device appropri-
    15  ate to that weapon.
    16    Failure to store a weapon safely in the second degree is a violation.
    17  § 265.53 Failure to store a weapon safely in the first degree.

    18    A  person  is  guilty of failure to store a weapon safely in the first
    19  degree when he or she commits the offense of failure to store  a  weapon
    20  safely in the second degree as defined in section 265.52 of this article
    21  and  has  been previously convicted of the offense of failure to store a
    22  weapon safely in the second degree as defined in section 265.52 of  this
    23  article within the preceding ten years.
    24    Failure  to  store  a  weapon  safely in the first degree is a class A
    25  misdemeanor.
    26  § 265.54 Aggravated failure to store  a  weapon  safely  in  the  second
    27             degree.
    28    A  person  is guilty of aggravated failure to store a weapon safely in
    29  the second degree when he or she commits the offense of failure to store

    30  a weapon safely in the second degree as defined  in  section  265.52  of
    31  this  article  and  such  weapon is removed by any other person from the
    32  premises where it was stored unsafely.
    33    Aggravated failure to store a weapon safely in the second degree is  a
    34  class A misdemeanor.
    35  § 265.55 Aggravated  failure  to  store  a  weapon  safely  in the first
    36             degree.
    37    A person is guilty of aggravated failure to store a weapon  safely  in
    38  the  first degree when he or she commits the offense of failure to store
    39  a weapon safely in the second degree as defined  in  section  265.52  of
    40  this  article and such weapon discharges and thereby causes, directly or

    41  indirectly, physical injury, serious physical injury, or  death  to  any
    42  other person.
    43    Aggravated  failure  to store a weapon safely in the first degree is a
    44  class E felony.
    45  § 265.56 Aggravated failure to  store  a  weapon  safely  in  the  first
    46             degree; application.
    47    If a person who is suspected of violating section 265.55 of this arti-
    48  cle  is  the parent or guardian of a child who is injured or who dies as
    49  the result of such violation,  the  district  attorney  shall  consider,
    50  among other factors, the impact of the injury or death on the person who
    51  is  suspected  of violating section 265.55 of this article when deciding
    52  whether or not to prosecute such person for such crime.

    53    A parent or guardian of a child who is injured or who dies as a result
    54  of a violation of section 265.55 of this  article  shall  be  prosecuted
    55  only  in  those  instances  in which the parent or guardian behaved in a
    56  reckless manner.

        S. 7822                             3
 
     1  § 265.57 Failure to provide notice in the second degree.
     2    No  person  shall  sell,  deliver,  or  transfer any weapon to another
     3  person unless the transferee is provided at the time of sale,  delivery,
     4  or transfer with:
     5    1.  A gun locking device that is capable of preventing that particular
     6  weapon from firing or a safe storage depository; and
     7    2. A copy of the following warning in conspicuous and legible  twenty-

     8  four  point  type  on  eight  and one-half inches by eleven inches paper
     9  stating in bold print the following warning:
    10                                   WARNING
    11  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS  MUST
    12  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
    13  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
    14  OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
    15  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    16  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    17  BOTH.
    18    Failure to provide notice in the second degree is a violation.
    19  § 265.58 Failure to provide notice in the first degree.

    20    A  person  is  guilty of failure to provide notice in the first degree
    21  when he or she commits the offense of failure to provide notice  in  the
    22  second  degree as defined in section 265.57 of this article and has been
    23  previously convicted of the offense of failure to provide notice in  the
    24  second  degree  as  defined in section 265.57 of this article within the
    25  preceding ten years.
    26    Failure to provide notice in the first degree is a class  B  misdemea-
    27  nor.
    28  § 265.59 Suspension  and  revocation  of  a  license  to carry, possess,
    29             repair or dispose  of  a  firearm  or  firearms  pursuant  to
    30             section  400.00  of this chapter and ineligibility for such a

    31             license; order to surrender firearms.
    32    1. Whenever (a) a person is convicted of failure  to  store  a  weapon
    33  safely  in  the  second  degree  under section 265.52 of this article or
    34  aggravated failure to store a weapon safely in the second  degree  under
    35  section 265.54 of this article, and has a prior conviction of failure to
    36  store  a weapon safely in the second degree under section 265.52 of this
    37  article or aggravated failure to store a weapon  safely  in  the  second
    38  degree  under  section  265.54  of  this  article;  or  (b)  a person is
    39  convicted of failure to store a weapon safely in the first degree  under
    40  section  265.53  of this article or aggravated failure to store a weapon

    41  safely in the first degree under section 265.55  of  this  article,  the
    42  court  shall revoke any existing license possessed by such person, order
    43  such person ineligible for such  a  license,  and  order  the  immediate
    44  surrender pursuant to subparagraph (f) of paragraph one of subdivision a
    45  of  section 265.20 of this article and subdivision six of section 400.05
    46  of this chapter, of any or all firearms owned or possessed,  or  suspend
    47  or  continue  to  suspend  any  such  existing license possessed by such
    48  person, order such person ineligible for such a license, and  order  the
    49  immediate  surrender  pursuant  to  subparagraph (f) of paragraph one of
    50  subdivision a of section 265.20 of this article and subdivision  six  of

    51  section  400.05  of  this  chapter,  of  any  or  all  firearms owned or
    52  possessed.
    53    2. Any suspension order issued pursuant to this section  shall  remain
    54  in effect for five years.
    55    3.  (a) Whenever a person is convicted as provided in paragraph one of
    56  this section, the court shall require the respondent to inform the court

        S. 7822                             4
 
     1  of all firearms he or she owns or possesses. Any order to surrender  one
     2  or  more  firearms  shall specify a date and time by which the surrender
     3  shall be completed and, to the  extent  possible,  shall  describe  such
     4  firearms to be surrendered and shall direct the authority receiving such

     5  surrendered firearms to immediately notify the court of such surrender.
     6    (b)  The  prompt surrender of one or more firearms pursuant to a court
     7  order issued pursuant to this section shall be  considered  a  voluntary
     8  surrender  for purposes of subparagraph (f) of paragraph one of subdivi-
     9  sion a of section 265.20 of this article.  The disposition of  any  such
    10  firearms  shall  be in accordance with the provisions of subdivision six
    11  of section 400.05 of this chapter.
    12    (c) The provisions of this section  shall  not  be  deemed  to  limit,
    13  restrict  or  otherwise  impair  the authority of the court to order and
    14  direct the surrender of any or all pistols, revolvers, rifles,  shotguns

    15  or  other  firearms  owned or possessed by a respondent pursuant to this
    16  chapter.
    17    4. (a) The court revoking or suspending the license, ordering a person
    18  ineligible for such license, or ordering the surrender of any firearm as
    19  provided in this section shall immediately notify the  duly  constituted
    20  police  authorities  of  the locality of such action and the division of
    21  state police at its office in the city of Albany.
    22    (b) Where  an  order  of  revocation,  suspension,  ineligibility,  or
    23  surrender is modified or vacated, the court shall immediately notify the
    24  duly  constituted  police  authorities  of  the locality concerning such
    25  action and shall give written notice thereof without  unnecessary  delay

    26  to the division of state police at its office in the city of Albany.
    27    5.  The  respondent shall have the right to a hearing before the court
    28  regarding any revocation, suspension, ineligibility or  surrender  order
    29  issued  pursuant to this section, provided that nothing in this subdivi-
    30  sion shall preclude the court from issuing any such  order  prior  to  a
    31  hearing. Where the court has issued such an order prior to a hearing, it
    32  shall  commence such hearing within fourteen days of the date such order
    33  was issued.
    34    § 4. Section 400.00 of the penal law is amended by adding a new subdi-
    35  vision 18 to read as follows:
    36    18. Upon the issuance or renewal of a license, the  licensing  officer

    37  shall  issue  therewith  the following notice in conspicuous and legible
    38  twenty-four point type on eight and one-half  inches  by  eleven  inches
    39  paper stating in bold print the following:
    40                                    WARNING
    41  RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST
    42  EITHER  BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
    43  TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF  THE
    44  OWNER OR OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED AND
    45  LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI-
    46  BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR
    47  BOTH.

    48    §  5.  Subdivision 2 of section 396-ee of the general business law, as
    49  added by chapter 189 of the laws of 2000, is amended to read as follows:
    50    (2) Every person, firm or corporation engaged in the  retail  business
    51  of  selling  rifles,  shotguns or firearms, as such terms are defined in
    52  section 265.00 of the penal law, shall, in the place where such  rifles,
    53  shotguns or firearms are displayed or transferred to the purchaser, post
    54  a  notice conspicuously stating in bold print that: ["The use of a lock-
    55  ing device or safety lock is only  one  aspect  of  responsible  firearm
    56  storage.    For  increased safety firearms should be stored unloaded and

        S. 7822                             5

     1  locked in a location that is both separate  from  their  ammunition  and

     2  inaccessible to children and any other unauthorized person."] "RESPONSI-
     3  BLE  FIREARM STORAGE IS THE LAW IN NEW YORK STATE.  FIREARMS MUST EITHER
     4  BE  STORED  WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR
     5  NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
     6  OTHER LAWFUL POSSESSOR.  FIREARMS SHOULD BE STORED UNLOADED  AND  LOCKED
     7  IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A
     8  CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH."
     9    §  6.  If  any  word, phrase, clause, sentence, paragraph, section, or
    10  part of this act shall be adjudged by any court of  competent  jurisdic-
    11  tion  to  be invalid, such judgment shall not affect, impair, or invali-

    12  date the remainder thereof, but shall be confined in  its  operation  to
    13  the words, phrase, clause, sentence, paragraph, section, or part thereof
    14  directly  involved  in the controversy in which such judgment shall have
    15  been rendered.
    16    § 7. This act shall take effect on the first of November next succeed-
    17  ing the date on which it shall have become a law.
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