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

Summary of specific provisions

Section 1: The act shall be known as "Nicholas's law."

Section 2: Recites the legislative findings.

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

§ 265.50 defines "safe storage depository" and "weapon";

§ 255.51 excludes any duly licensed manufacturer of weapons from 265.52;

§ 265.52 defines failure to store a weapon safely in the second degree as storing or leaving a weapon out of one's immediate possession or control without having first securely locked such weapon in a safe storage depository or rendered it incapable of being fired by using an appropriate gun locking device; failure to store a weapon safely in the second degree is a violation;

§ 255.53 defines failure to store a weapon safely in the first degree as committing the offense of failure to store a weapon safely in the second degree and the person has been previously convicted of failure to store a weapon safely in the second degree within the preceding 10 years; failure to store a weapon safely in the first degree is a class A misdemeanor;

§ 265.54 defines aggravated failure to store a weapon safely in the second degree as committing the offense of failure to store a weapon safely in the second degree and the weapon is removed by any other person from the premises where it was stored unsafely; aggravated failure to store a weapon safely in the second degree is a class A misdemeanor;

§ 265.55 defines aggravated failure to store a weapon safely in the first degree as committing the offense of failure to store a weapon safely in the second degree and the weapon discharges and thereby causes, directly or indirectly, physical injury, serious physical injury, or death to any other person; aggravated failure to store a weapon safely in the first degree is a class E felony;

§ 265.56 requires the district attorney, when deciding whether or not to prosecute a parent or guardian of a child who is injured or who dies as the result of a violation of § 265.55, to consider, among other factors, the impact of the injury or death on such parent or guardian, and further provides that a parent or guardian of a child who is injured or who dies as the result of a violation of § 265.55

shall be prosecuted only in those instances in which the parent or guardian behaved in a reckless manner;

§ 265.57 defines failure to provide notice in the second degree as the failure, in the sale, delivery or transfer of any weapon to another person, to provide the transferee at the time of sale, delivery or transfer, with a safety locking device that is capable of preventing the weapon from firing or a safe storage depository and a copy of the warning set forth in the section in conspicuous and legible type; failure to provide notice in the second degree is a violation;

§ 265.58 defines failure to provide notice in the first degree as committing the offense of failure to provide notice in the second degree to provide notice in the second degree and the person has been previously convicted of the offense of failure to provide notice in the second degree within the preceding ten years; failure to provide notice in the first degree is a class /3 misdemeanor;

§ 265.59 provides that whenever (i) a person is convicted of failure to store a weapon safely in the second degree under section 265.52 or aggravated failure to store a weapon safely in the second degree under section 265.54, and has a prior conviction of failure to store a weapon safely in the second degree under section 265.52 or aggravated failure to store a weapon safely in the second degree under section 265.54, or (ii) a person is convicted of failure to store a weapon safely in the first degree under section 265.53 or aggravated failure to store a weapon safely in the first degree under section 265.55, the court shall revoke any existing license possessed by such person, order such person ineligible for such a license, and order the immediate surrender of any or all firearms owned or possessed, or suspend or continue to suspend any such existing license possessed by such person, order such person ineligible for such a license, and order the immediate surrender of any or all firearms owned or possessed by such person. This section further provides that whenever a person is convicted as provided in this section, the court shall require the respondent to inform the court of all firearms he or she owns or possesses. Such person shall have the right to a hearing regarding any revocation, suspension, ineligibility or surrender order issued pursuant to this section. In addition, if the court issues a revocation, suspension, ineligibility or surrender order, the court shall immediately notify the local police authorities and the division of state police in Albany.

Section 4: New subdivision 18 is added to § 400.00 of the penal law to require the licensing officer to issue a notice set forth in the subdivision in conspicuous and legible type 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 to provide the text of the notice that every person, firm or corporation engaged in the retail business of selling rifles, shotguns or firearms must post conspicuously in bold print in the place where such rifles, shotguns or firearms are displayed or transferred to a purchaser.

Section 6: Provides for severability if a word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by a court of competent jurisdiction to be invalid.

Section 7: Effective November first next succeeding the date upon which it shall have become law.

Justification

In 2001, legislation was passed to require the purchase of a safety locking device with the purchase or transfer of a firearm. In 2013, the SAFE Act was enacted, which included a provision that requires safe storage of a firearms however, that provision applies only to a person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who such person knows or has reason to know is prohibited from possessing a firearm under specific provisions of federal law. And the SAFE Act does not provide for the safe storage of firearms in homes when and where children are present. This legislation would provide for criminal penalties for any person who stores or otherwise leaves a weapon out of his or her immediate possession or control without having first securely locked such weapon in an appropriate safe storage depository or rendered it incapable of being fired by using an appropriate gun locking device.

In 2010, firearms killed 1,011 New Yorkers. Of these, 527 deaths were homicides (52%), 459 were suicides (45%), and 13 were unintentional (1 %). 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. A 2005 study of adult firearm storage practices found that almost 2 million children under age 18 live in homes with easily accessible loaded and/or unlocked guns. 116 Pediatrics e3701-372 (Sept. 2005). We have learned that poorly stored guns increase the risk of accidental gun deaths. Reducing Gun Violence in America: Informing Policy with Evidence and Analysis, Webster OW, Vernick JS, ed. 2013, p. 13. Moreover, studies have shown that keeping firearms locked and unloaded reduced unintentional injury in homes with children and teens. 293 JANA 707, 711-713 (2005).

Each year in New York State, on average 210 children ages 19 years and younger are treated at a hospital because of an unintentional firearm injury, and 75 are injured severely enough to be hospitalized. Two children in this age group are killed each year in an unintentional firearm incident. A gun kept in the home is 43 times more likely to be used to kill someone who the family knows than to kill someone in self-defense.

(http://www.health.ny.gov/prevention/injury_prevention/children/fact_ sheets/birth-19_years/firearm_injuries_birth-19_years.htm)

This bill is named for 12-year old Nicholas Naumkin, who was shot in the head by his 12-year-old friend at his friend's home in Wilton, New York. His friend was playing with his father's gun when he shot Nicholas. Nicholas died the following day, on December 23, 2010. A

middle school student in Saratoga Springs, Nicholas was a talented young man with a passion for acting, drawing and computer animation.

In 2011, in New York, 389 children under the age of 18 were hospitalized with a nonfatal gun injury. Of these injuries, 314 were due to an assault and 60 were accidental (National Inpatient Sample, 2011). In 2010, according to the Centers for Disease Control (WISQARS), 116 children under the age of 19 were killed by guns in New York - 93 were homicides, 13 were suicides and ten were undetermined.

Child Access Prevention (CAP) laws, which include provisions similar to those contained in this legislation, have been associated with lower rates of unintentional gun deaths among children. Regulating Guns in America: An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws, p. 233, published by Legal Community Against Violence, 2008. Currently, 27 states and the District of Columbia have enacted CAP laws, including California, Connecticut, Florida, Illinois, Massachusetts, New Jersey, Texas and Virginia. Studies have found CAP laws to be effective in reducing accidental shootings of children by as much as 23%.

Preventing children from obtaining access to firearms by requiring safe storage will enable us to prevent child 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.

Safe storage can also reduce suicides, particularly by teens who may reach for an available firearm in a moment of distress. Studies indicate mere presence of an available firearm the house increases teen suicide.

Many of these firearms came from homes where they were unlocked. A 1998 report issued by the State Department of Health 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, as in the tragic accident with Nicholas Naumkin. Although we have been a leader in enacting strong gun safety laws, we do not have CAP and safe storage laws critical to prevent gun accidents. Safe storage laws save lives.

Prior legislative history

Similar to A.3221, 2013 referred to codes. Same as S.1804, 2013 referred to codes. Similar to A.381, 2011 and 2012 referred to codes. Same as S.4538, 2011 and 2012 referred to codes. A.1094, 2009 and 2010 referred to codes. A.7303, 2007 and 2008 referred to codes. Same as S.7475, 2008 referred to codes. A2063, 2005 and 2006 referred to codes. A.4555, 2004 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.