STATE OF NEW YORK
________________________________________________________________________
3880
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. ABINANTI, PAULIN, STECK, SEAWRIGHT, GOTTFRIED,
FERNANDEZ, McDONOUGH, FAHY, EPSTEIN, SAYEGH, COLTON, WILLIAMS, TAYLOR,
HYNDMAN, GRIFFIN, DAVILA -- Multi-Sponsored by -- M. of A. COOK, GLICK
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the safe storage of
rifles, shotguns, and firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.45 of the penal law, as amended by chapter 133
2 of the laws of 2019, is amended to read as follows:
3 § 265.45 Failure to safely store rifles, shotguns, and firearms in the
4 first degree.
5 No person who owns or is custodian of a rifle, shotgun or firearm [who
6 resides with an individual who: (i) is under sixteen years of age; (ii)
7 such person knows or has reason to know is prohibited from possessing a
8 rifle, shotgun or firearm pursuant to a temporary or final extreme risk
9 protection order issued under article sixty-three-A of the civil prac-
10 tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii)
11 such person knows or has reason to know is prohibited from possessing a
12 rifle, shotgun or firearm based on a conviction for a felony or a seri-
13 ous offense,] shall store or otherwise leave such rifle, shotgun or
14 firearm out of his or her immediate possession or control without having
15 first securely locked such rifle, shotgun or firearm in an appropriate
16 safe storage depository or rendered it incapable of being fired by use
17 of a gun locking device appropriate to that weapon. For purposes of this
18 section "safe storage depository" shall mean a safe or other secure
19 container which, when locked, is incapable of being opened without the
20 key, combination or other unlocking mechanism and is capable of prevent-
21 ing an unauthorized person from obtaining access to and possession of
22 the weapon contained therein. Nothing in this section shall be deemed to
23 affect, impair or supersede any special or local act relating to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00703-01-1
A. 3880 2
1 safe storage of rifles, shotguns or firearms which impose additional
2 requirements on the owner or custodian of such weapons.
3 It shall not be a violation of this section to allow a person less
4 than sixteen years of age access to: (i) a firearm, rifle or shotgun for
5 lawful use as authorized under paragraph seven or seven-e of subdivision
6 a of section 265.20 of this article, or (ii) a rifle or shotgun for
7 lawful use as authorized by article eleven of the environmental conser-
8 vation law when such person less than sixteen years of age is the holder
9 of a hunting license or permit and such rifle or shotgun is used in
10 accordance with such law.
11 Failure to safely store rifles, shotguns, and firearms in the first
12 degree is a class A misdemeanor.
13 § 2. This act shall take effect immediately.
