New York State Assembly

 
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A08174 Summary:

A08174 Actions:

A08174 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:06/11/2019AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Benedetto
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
De La Rosa
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Excused
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Excused
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye

A08174 Floor Votes:

A08174 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8174
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to storage of 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 a chapter of
     2  the  laws  of  2019, amending the penal law and the general business law
     3  relating to storage of firearms, as proposed in legislative bill numbers
     4  S. 2450-A and A. 2686-A, is amended to read as follows:
     5  § 265.45 Failure to safely store rifles, shotguns, and firearms  in  the
     6             first degree.
     7    No  person who owns or is custodian of a rifle, shotgun or firearm who
     8  resides with an individual who: (i) is under sixteen years of age;  (ii)
     9  such  person knows or has reason to know is prohibited from possessing a
    10  rifle, shotgun or firearm pursuant to a temporary or final extreme  risk
    11  protection  order  issued under article sixty-three-A of the civil prac-
    12  tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or  (iii)
    13  such  person knows or has reason to know is prohibited from possessing a
    14  rifle, shotgun or firearm based on a conviction for a felony or a  seri-
    15  ous  offense,  shall  store  or  otherwise  leave such rifle, shotgun or
    16  firearm out of his or her immediate possession or control without having
    17  first securely locked such rifle, shotgun or firearm in  an  appropriate
    18  safe  storage  depository or rendered it incapable of being fired by use
    19  of a gun locking device appropriate to that weapon. For purposes of this
    20  section "safe storage depository" shall mean  a  safe  or  other  secure
    21  container  which,  when locked, is incapable of being opened without the
    22  key, combination or other unlocking mechanism and is capable of prevent-
    23  ing an unauthorized person from obtaining access to  and  possession  of
    24  the  weapon  contained therein.  Nothing in this section shall be deemed
    25  to affect, impair or supersede any special or local act relating to  the
    26  safe  storage  of  rifles,  shotguns or firearms which impose additional
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08626-09-9
        A. 8174                             2
 
     1  requirements on the owner or custodian of such weapons.  [The possession
     2  of a rifle or shotgun by a person less than sixteen years of age who  is
     3  the  holder  of  a  hunting license or permit issued pursuant to article
     4  eleven  of  the  environmental  conservation law when used in accordance
     5  with such law shall not be governed by this section.]
     6    It shall not be a violation of this section to  allow  a  person  less
     7  than sixteen years of age access to: (i) a firearm, rifle or shotgun for
     8  lawful use as authorized under paragraph seven or seven-e of subdivision
     9  a  of  section  265.20  of  this article, or (ii) a rifle or shotgun for
    10  lawful use as authorized by article eleven of the environmental  conser-
    11  vation law when such person less than sixteen years of age is the holder
    12  of  a  hunting  license  or  permit and such rifle or shotgun is used in
    13  accordance with such law.
    14    Failure to safely store rifles, shotguns, and firearms  in  the  first
    15  degree is a class A misdemeanor.
    16    § 2. Section 265.50 of the the penal law, as added by a chapter of the
    17  laws of 2019, amending the penal law and the general business law relat-
    18  ing  to  storage of firearms, as proposed in legislative bill numbers S.
    19  2450-A and A. 2686-A, is amended to read as follows:
    20  § 265.50 Failure to safely store rifles, shotguns, and firearms  in  the
    21             second degree.
    22    No  person who owns or is custodian of a rifle, shotgun or firearm and
    23  knows, or has reason to know, that a person less than sixteen  years  of
    24  age  is  likely  to  gain access to such rifle, shotgun or firearm shall
    25  store or otherwise leave such rifle, shotgun or firearm out  of  his  or
    26  her immediate possession or control without having first securely locked
    27  such rifle, shotgun or firearm in an appropriate safe storage depository
    28  or  rendered  it incapable of being fired by use of a gun locking device
    29  appropriate to that weapon. For purposes of this section  "safe  storage
    30  depository"  shall  have  the  same  meaning  as such term is defined in
    31  section 265.45 of this article. Nothing in this section shall be  deemed
    32  to  affect, impair or supersede any special or local act relating to the
    33  safe storage of rifles, shotguns or  firearms  which  impose  additional
    34  requirements on the owner or custodian of such weapons.  [The possession
    35  of  a rifle or shotgun by a person less than sixteen years of age who is
    36  the holder of a hunting license or permit  issued  pursuant  to  article
    37  eleven  of  the  environmental  conservation law when used in accordance
    38  with such law shall not be governed by this section.]
    39    It shall not be a violation of this section to  allow  a  person  less
    40  than sixteen years of age access to: (i) a firearm, rifle or shotgun for
    41  lawful use as authorized under paragraph seven or seven-e of subdivision
    42  a  of  section  265.20  of  this article, or (ii) a rifle or shotgun for
    43  lawful use as authorized by article eleven of the environmental  conser-
    44  vation law when such person less than sixteen years of age is the holder
    45  of  a  hunting  license  or  permit and such rifle or shotgun is used in
    46  accordance with such law.
    47    Failure to safely store rifles, shotguns, and firearms in  the  second
    48  degree  is  a  violation  punishable only by a fine of not more than two
    49  hundred fifty dollars.
    50    § 3.  This act shall take effect on the same  date  and  in  the  same
    51  manner  as a chapter of the laws of 2019, amending the penal law and the
    52  general business law relating to storage of  firearms,  as  proposed  in
    53  legislative bill numbers S. 2450-A and A. 2686-A, takes effect.