Requires the safe storage of all guns, either in a safe or with a locking device, and provides penalties for simple and complex violations; requires notices

Section 2: Recites the legislative findings.

Section 3: Nine new sections amending the penal law to include:

§265.50 defines "safe storage depository", "safety locking device" and "weapon";

§265.51 excludes any duly licensed manufacturer from §265.52;

§265.52 defines failure to store safely in the second degree as unsafe storage of a weapon when not in immediate possession or control thereby resulting in a violation;

§265.53 defines failure to store safely in the first degree as failing to store a weapon safely when previously convicted of failure to store safely thereby resulting in a class A misdemeanor;

§265.55 defines aggravated failure to store a weapon safely in the second degree as when in violation of §265.52, a weapon is removed from premises where it was unsafely stored, thereby resulting in a class A misdemeanor;

§265.56 defines aggravated failure to store in the first degree as when failure to store a weapon results in weapon discharge causing injury or death to any other person thereby resulting in a class E felony;

§265.57 gives the district attorney discretion whether or not to prosecute a parent or guardian when death or injury of a child results from suspected violation of 265.56;

§265.58 defines failure to provide notice in the second degree as when in delivery or transfer of weapons, failure to provide either locking device and/or safe storage depository and conspicuous and legible notice of warning thereby resulting in a violation;

§265.59 defines failure to provide notice in the first degree as being in violation of §265.58 two times within a ten-year period thereby resulting in a class B misdemeanor.

Section 4: New subdivision 18 is added to § 400.00 of the penal law. The licensing officer shall issue a conspicuous and legible notice of warning upon the issuance or renewal of a license.

Section 5: Subdivision 2 of § 396-ee of the general business law, as added by chapter 189 of the laws of 2000, is amended. Every person, firm or corporation engaged in the retail business of selling firearms shall post a notice conspicuously in bold print.

Section 6: If any part of this act is adjudged by a court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder of this act.

Section 7: This act shall take effect on the first of November following the date of enactment

Justification

In 2001, legislation was passed to require the purchase of a safety locking device with the purchase or transfer of a firearm. However, there was no requirement to use the device and safely store a firearm. In 2000, firearms killed one thousand and ninety three New Yorkers. six hundred and two deaths were homicides, four hundred and fifty were suicides, twenty three were unintentional, in six cases the intent was unknown and twelve deaths were a result of legal intervention. It is estimated that there were at least three times as many firearm injuries. Safe storage is one way to help reduce the firearm death and injury rate in New York State.

Safe storage may reduce theft and use of firearms in crime. It is estimated that each year in the united States, half a million firearms are stolen.

Safe storage is particularly important in keeping firearms out of the hands of children and young people in order to prevent accidents, suicides and school incidents. First, safe storage can prevent those tragic accidents where a child finds a loaded firearm and accidentally shoots another child. In 1997 in New York State, the last year for which reliable figures are available, 5 children under 18 were killed in firearm accidents and 72 were injured seriously enough to be hospitalized.

Safe storage can also reduce suicides, particularly by teens that may reach for an available firearm in a moment of distress. Studies indicate mere presence of an available firearm in the house increases teen suicide. In 1997, 53 children under 18 were killed in firearm homicides and 178 were injured seriously enough to be hospitalized. (Above are New York State Department of Health figures.)

Many of these firearms came from homes where they were unlocked. A 1996 report issued by NYSDOH indicated that a substantial number of firearm owners in New York State do not properly secure their firearms. The report, Firearm Ownership and Safe Storage In New York State, concluded, 38% reported some form of unsafe storage, where unsafe storage is defined as either failing to lock all firearms or to secure ammunition separately in a locked place.

The intent of this legislation is to encourage safe firearm storage before incidents occur. Finally, safe storage laws work. Seventeen states, including Connecticut, New Jersey and Massachusetts, have passed these laws. Accidental firearm deaths of children were reduced 23% in states with Child Access Prevention/Safe Gun Storage (CAP) laws, according to a study published in the Journal of the American Medical Association on October 1, 1997.

Prior legislative history

S.7475 of 2008 04/07/08 Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have becomes a law.