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 the "safe weapon storage act."

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";

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

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

§ 255.53 defines failure to store safely in the first degree as failing 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, thereby resulting in a class A misdemeanor;

§ 265.55 defines aggravated failure to store a weapon safely in the second degree as failing to store a weapon safely in the second degree and the weapon is removed by any other person from premises where it was unsafely stored, thereby resulting in a class A misdemeanor;

§ 265.56 defines aggravated failure to store a weapon safely in the first degree as failing 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, thereby resulting in a class E felony;

§ 265.57 requires the district attorney to consider 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 § 255.56, the impact of the injury or death on such parent or guardian, among other factors, and provides that such 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 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. 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

A.1094, 2009 and 2010 Referred to Codes. A.7303, 2007 and 2008 Referred to Codes. Same as S.7475, 2008 Referred to Codes. A.2083, 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.