Enacts the "children's weapon accident prevention act"

Summary of specific provisions

This bill amends article 265 of the penal law by adding several new sections:

Section 265.45 defines failure to store a weapon safely in the second degree as a violation;

Section 265.50 defines failure to store a weapon safely in the first degree as a class B misdemeanor;

Section 265.55 defines aggravated failure to store a .weapon safely in the second degree, resulting in the removal or discharge of the weapon by a child, as a class A misdemeanor;

Section 265,60 defines criminally negligent storage of a weapon in the second degree, resulting in a child causing serious physical injury to himself/herself or any other person, as a class E felony;

Section 265.65 defines criminally negligent storage of a weapon in the first degree, resulting in a child causing the death of himself/herself or any other person, as .a class D felony.

With respect to the crimes defined in these proposed sections, it shall be an affirmative defense, that the defendant reasonably attempted to retrieve or regain possession of the firearm, rifle or shotgun prior to discharge.

Exceptions to criminal liability are also provided when:

A person under eighteen gain access to a weapon by unlawful means;

A weapon is securely stored in a locked box and where ammunition is separately and securely stored in a locked container;

A firearm, rifle or shotgun is securely locked with a gun locking device;

A person under eighteen possessed a loaded rifle or shotgun pursuant to a valid hunting license;

A firearm, rifle or shotgun is needed for the lawful purpose of self defense.

Section 265.70 allows a district attorney's office discretion whether or not to pursue a prosecution when death or injury of a child results from a violation of sections 265.60 or 265.65.

Section Five of the bill amends subdivision 2 of section 396-ee of the general business law to require gun dealers to post a conspicuous notice that it is a crime in New York to leave guns accessible to children.

Section Six adds subdivision 34 to section 305 of the education law to require the commissioner to develop a weapon safety program designed to teach children how to prevent gun-related injuries. It may be imple- mented at both public and non-public schools at discretion of the local school board of education or board of trustees.

Justification

The intended goal of the "Children's Weapon Accident Prevention Act" is to create several crimes relating to both the unsafe and criminally negligent storage of a weapon, and to protect children and others from injury and death from unauthorized access, discharge and use of guns.

A 2003 American Academy of Pediatrics article indicated that uninten- tional firearm death is estimated to be 2.82% of all firearm death and translates to approximately 624 unintended gun deaths annually. Although the figures might lead clinicians to discount the importance of prevention and recommendations, it is indicated that children and adolescents are disproportionately involved. In fact, unintentional gun death among 0 to 19 year olds is 2.5 times higher than for the general population.

Additionally, the Children's Defense Fund recently released a new report in conjunction with the latest data from the U.S. Centers for Disease Control and Prevention showing that 3,184 children and teens died from gunfire in the United States in 2006, a six percent increase from 2005. The report also indicated that 17,451 children and teens were victims of non-fatal firearm injuries in 2006, a 7 percent increase from 2005.

It is due to this ongoing violence that this legislation exists with the intent to encourage safe firearm storage and to prevent negligent conduct before accidents occur.

Prior legislative history

1993:A1598-A - Passed Assembly; 1994:A40002 -Passed Assembly; 1995:A1382 - Passed Assembly; 1996:A1382 -Passed Assembly; 1997;A651-A Passed Assembly; 1998:A.651-F- Passed Assembly; 1999:A.1407-B Passed Assembly; 2000:A.1407-B- Passed Assembly 2001:A.5363-B Passed Assembly; 2002:A.5363-C- Passed Assembly 2004:A.4615-C Passed Assembly; 2005:A.673 -Passed Assembly

2006:A.673 - Passed Assembly; 2007:A.76A -Passed Assembly 2008:A.76A - Passed Assembly; 2009:A.5844-Passed Assembly

Fiscal implications for state and local governments

None.

Effective date

This at shall take effect on the first of November next succeeding the date on which it shall have become a law provided, howev- er, that sections three and four of this act shall take effect May 1, 2011, provided, further, that section five of this act shall take effect March .1, 2011 except that any rule or regulation necessary for the timely implementation of section five of this act shall be promulgated on or before such date.