What's happening
Nicholas's Law requires gun owners in New York to safely store firearms and mandates warnings and penalties for unsafe storage.
Why it matters
Creates escalating penalties for unsafe storage. The bill introduces a tiered system of violations, misdemeanors, and felonies for unsafe firearm storage, with harsher penalties if an unauthorized person gains access and causes injury or death, or if the gun owner is a repeat offender or lives with someone prohibited from possessing firearms.
Mandates warnings and safety devices at point of sale. Sellers must provide both a gun lock (or safe storage device) and a clear written warning about safe storage laws and penalties to buyers of firearms, making it harder for sellers and buyers to claim ignorance of legal responsibilities.
Triggers official reporting for repeat offenders. Prosecutors must notify state police and licensing officials if someone is convicted more than once of unsafe storage, potentially impacting their ability to legally own or possess firearms in the future.
Expands safe storage requirements beyond children. The law applies not just when children are present, but also when anyone prohibited from firearm possession lives in the home, broadening the scope of who is protected and when safe storage is required.
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Require Safe Gun Storage
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Print number 4392a
- Amend and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Safe Gun Storage
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4392--A
2017-2018 Regular Sessions
IN SENATE
February 13, 2017
Introduced by Sens. KLEIN, KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, and the general business law, in relation to the safe storage of rifles, shotguns, or firearms; and to repeal certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Short title. This act shall be known and may be cited as "Nicholas's law".
2. Legislative findings. The legislature hereby finds the following:
a. The presence of unsecured, easily accessible, weapons in homes and other places increases the likelihood of death or injury from accidents and impulsive acts;
b. Guns left unattended must be kept locked or stored securely to prevent access by children and others who should not have access to them; and
c. Gun owners and other lawful possessors are responsible for keeping their weapons from falling into the hands of children and other unauthorized individuals.
§ 2. The penal law is amended by adding a new section 265.44 to read as follows: § 265.44 Definition.
For purposes of sections 265.45, 265.46, and 265.47 of this article, "safe storage depository" shall mean a safe or other secure container which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing a person other than the owner or custodian access to and possession of the weapon contained therein.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01105-05-7
S. 4392--A 2
§ 3. Section 265.45 of the penal law is REPEALED and three new sections 265.45, 265.46 and 265.47 are added to read as follows: § 265.45 Failure to safely store a rifle, shotgun, firearm or antique
firearm.
A person is guilty of failure to safely store a rifle, shotgun, firearm or antique firearm when he or she owns or has custody of a rifle, shotgun, firearm or antique firearm and leaves such rifle, shotgun, firearm or antique firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun, firearm or antique firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon; provided, however, that actual possession of a rifle, shotgun, firearm or antique firearm by the holder of a valid New York hunting license or permit issued pursuant to article eleven of the environmental conservation law and contemporaneously used in accordance with such law shall not be governed by this section.
Nothing in this section shall be deemed to affect, impair or supersede any special or local law relating to the safe storage of rifles, shotguns, firearms or antique firearms which imposes additional requirements on the owner or custodian of such weapons.
Failure to safely store a rifle, shotgun, firearm or antique firearm is a violation. § 265.46 Failure to safely store a rifle, shotgun, firearm or antique
firearm in the second degree.
A person is guilty of failure to safely store a rifle, shotgun, firearm or antique firearm in the second degree when he or she commits the crime of failure to safely store a rifle, shotgun, firearm or antique firearm as defined in section 265.45 of this article and:
1. at the time of the commission of such crime, he or she resides with another individual who such person knows or has reason to know is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)(1), (4), (8) or (9);
2. he or she has been previously convicted of failure to safely store a rifle, shotgun, firearm or antique firearm within the past ten years under this section, or section 265.45 or 265.47 of this article; or
3. as a result, such rifle, shotgun, firearm or antique firearm is obtained by an unauthorized person and discharges causing physical injury to any other person.
Nothing in this section shall be deemed to affect, impair or supersede any special or local law relating to the safe storage of rifles, shotguns, firearms or antique firearms, which imposes additional requirements on the owner or custodian of such weapons.
Failure to safely store a rifle, shotgun, firearm or antique firearm in the second degree is a class A misdemeanor. § 265.47 Failure to safely store a rifle, shotgun, firearm or antique
firearm in the first degree.
A person is guilty of failure to safely store a rifle, shotgun, firearm or antique firearm in the first degree when he or she commits the offense of failure to safely store a rifle, shotgun, firearm or antique firearm as defined in section 265.45 of this article and as a result, such rifle, shotgun, firearm or antique firearm is obtained by an unauthorized person and discharges causing the death of any other person.
Failure to safely store a rifle, shotgun, firearm or antique firearm in the first degree is a class E felony.
S. 4392--A 3
§ 4. The penal law is amended by adding three new sections 265.49, 265.51 and 265.53 to read as follows: § 265.49 Failure to provide notice in the second degree.
No person shall sell or transfer ownership of any rifle, shotgun, firearm, or antique firearm to another person unless the transferee is provided at the time of sale, delivery, or transfer with:
1. A gun locking device that is capable of preventing that particular weapon from firing or a safe storage depository; and
2. A copy of the following warning in conspicuous and legible twentyfour point type on eight and one-half inches by eleven inches paper stating in bold print the following warning:
WARNING RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI- TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI- BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.
Failure to provide notice in the second degree is a violation. § 265.51 Failure to provide notice in the first degree.
A person is guilty of failure to provide notice in the first degree when he or she commits the offense of failure to provide notice in the second degree as defined in section 265.49 of this article and has been previously convicted of failure to provide notice under this section or section 265.49 of this article within the preceding ten years.
Failure to provide notice in the first degree is a class B misdemeanor. § 265.53 Reporting of certain firearm convictions.
When a person has a prior conviction for failure to safely store a rifle, shotgun, firearm or antique firearm in the second degree or failure to safely store a rifle, shotgun, firearm or antique firearm in the first degree, upon a second or subsequent conviction of either such offense, the district attorney or other prosecuting authority who obtained such conviction shall provide notice of such conviction to both the division of state police and, if such person possesses a New York state issued handgun license, the pertinent licensing officer who currently exercises legal authority over such person's license. Such notice shall include the offense for which the defendant has been convicted, the name and address of such offender and other identifying information, including the offender's date of birth and social security number, to the extent consistent with federal and state laws governing personal privacy and confidentiality of information. Such district attorney or other prosecuting authority shall include in such notice the name and business address of the offender's counsel of record in the criminal proceeding. Such notice must be filed not more than thirty days after judgment has been entered.
§ 5. Section 400.00 of the penal law is amended by adding a new subdivision 18 to read as follows:
18. Notice. Upon the issuance or renewal of a license, the licensing officer shall issue therewith the following notice in conspicuous and legible twenty-four point type on eight and one-half inches by eleven inches paper stating in bold print the following:
WARNING RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSI-
S. 4392--A 4
TORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSI- BLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.
§ 6. Subdivision 2 of section 396-ee of the general business law, as added by chapter 189 of the laws of 2000, is amended to read as follows:
(2) Every person, firm or corporation engaged in the retail business of selling rifles, shotguns [or], firearms or antique firearms, as such terms are defined in section 265.00 of the penal law, shall, in the place where such rifles, shotguns [or], firearms or antique firearms are displayed or transferred to the purchaser, post a notice conspicuously stating in bold print that: ["The use of a locking device or safety lock is only one aspect of responsible firearm storage. For increased safety firearms should be stored unloaded and locked in a location that is both separate from their ammunition and inaccessible to children and any other unauthorized person."]"RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. FIREARMS MUST EITHER BE STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNI- TION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH."
§ 7. Severability. If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 8. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, and the general business law, in relation to the safe storage of rifles, shotguns, or firearms; and to repeal certain provisions of the penal law relating thereto
Purpose
To provide regulations for safe storage of firearms in order to prevent injury and death, particularly of children, by unintentional access, discharge and use of weapons.
Summary of specific provisions
Section 1: The act shall be known as "Nicholas's law." Recites the legislative findings.
Read the full memo (1,866 words)
Section 2: Amends the penal law to add new section 265.44 to provide the definition of "safe storage depository."
Section 3: Repeals section 265.45 of the penal law and adds three new sections as follows:
§ 265.45 defines failure to safely store a rifle, shotgun, firearm or antique firearm when a person owns or has custody of a rifle, shotgun, firearm or antique firearm and leaves such rifle, shotgun, firearm or antique firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun, firearm or antique firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon; provided that actual possession of a rifle, shotgun, firearm or antique firearm by the holder of a valid New York hunting license or permit issued pursuant to article 11 of the Environmental Conservation Law and contemporaneously used in accordance with such law shall not be governed by this section. Failure to safely store a rifle, shotgun, firearm or antique firearm is a violation.
§ 265.46 defines failure to safely store a rifle, shotgun, firearm or antique firearm in the second degree when a person commits the crime of failure to safely store a rifle, shotgun, firearm or antique firearm as defined in section 265.45 of the penal law and either: (i) at the time of the commission of such crime resides with another individual who such person knows or has reason to know is prohibited from possessing a firearm pursuant to 18 U.S.C. section 922(g) (1), (4), (8) or (9); or (ii) has been previously convicted of failure to safely store a rifle, shotgun, firearm or antique firearm within the preceding 10 years under his section or section 265.45 or 265.47. Failure to safely store a rifle, shotgun, firearm or antique firearm in the first degree is a class A misdemeanor.
§ 265.47 defines failure to safely store a rifle, shotgun, firearm or antique firearm in the first degree when a person commits the offense of failure to safely store a rifle, shotgun, firearm or antique firearm as defined in section 265.45 and as a result of such failure to safely store, such rifle, shotgun, firearm or antique firearm is obtained by an unauthorized person and discharges causing physical injury to any other person. Failure to safely store a rifle, shotgun, firearm or antique firearm in the first degree is a class E felony.
Section 4: Amends the penal law to add three new sections as follows:
§ 265.49 defines failure to provide notice in the second degree as the failure, in the sale or transfer of any rifle, shotgun, firearm or antique firearm to another person, to provide the transferee at the time of sale, delivery or transfer, with a gun locking device that is capable of preventing the particular 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.
§ 265.51 defines failure to provide notice in the first degree as committing the offense of failure to provide notice in the second degree as defined in section 265.49 and the person has been previously convicted of the offense of failure to provide notice under this section or section 265.49 within the preceding 10 years. Failure to provide notice in the first degree is a class B misdemeanor.
§ 265.53 provides that when a person has a prior conviction for failure to safely store a rifle, shotgun, firearm or antique firearm in the second degree or failure to safely store a rifle, shotgun, firearm or antique firearm safely in the first degree, upon a second or subsequent conviction of either such offense, the district attorney or other prosecuting authority who obtained such conviction shall provide notice to both the division of state police and, if such person possesses a New York state issued handgun license, the pertinent licensing officer who currently exercises legal authority over such person's license. The notice shall include the information set forth in this section.
Section 5: Adds new subdivision 18 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 6: Amends subdivision 2 of § 396-ee of the general business law, as added by chapter 189 of the laws of 2000, to provide the text of the notice that every person, firm or corporation engaged in the retail business of selling rifles, shotguns, firearms or antique firearms must post conspicuously in bold print in the place where such rifles, shotguns, firearms or antique firearms are displayed or transferred to a purchaser.
Section 7: 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 8: states that this act shall take effect on the first of November next succeeding the date on which it shall have becomes a 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 firearm; 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 rifle, shotgun, firearm or antique firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun, firearm or antique firearm in an appropriate safe storage depository or rendered it incapable of being fired by using an appropriate gun locking device.
In 2011, firearms killed 997 New Yorkers. Of these, 466 deaths were homicides (47%), 505 were suicides (51%), 12 were unintentional (1%)
and 14 were legal (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 JAMA 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/injuryprevention/children/fact_ sheets/birth19_years/firearminjuriesbirth-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
6/16/15- A53A (Paulin)- Passed Assembly 2015-2016: S.2291 (Klein) 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.