STATE OF NEW YORK ________________________________________________________________________ 8174 2019-2020 Regular Sessions IN ASSEMBLY June 5, 2019 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to storage of firearms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 265.45 of the penal law, as amended by a chapter of 2 the laws of 2019, amending the penal law and the general business law 3 relating to storage of firearms, as proposed in legislative bill numbers 4 S. 2450-A and A. 2686-A, is amended to read as follows: 5 § 265.45 Failure to safely store rifles, shotguns, and firearms in the 6 first degree. 7 No person who owns or is custodian of a rifle, shotgun or firearm who 8 resides with an individual who: (i) is under sixteen years of age; (ii) 9 such person knows or has reason to know is prohibited from possessing a 10 rifle, shotgun or firearm pursuant to a temporary or final extreme risk 11 protection order issued under article sixty-three-A of the civil prac- 12 tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii) 13 such person knows or has reason to know is prohibited from possessing a 14 rifle, shotgun or firearm based on a conviction for a felony or a seri- 15 ous offense, shall store or otherwise leave such rifle, shotgun or 16 firearm out of his or her immediate possession or control without having 17 first securely locked such rifle, shotgun or firearm in an appropriate 18 safe storage depository or rendered it incapable of being fired by use 19 of a gun locking device appropriate to that weapon. For purposes of this 20 section "safe storage depository" shall mean a safe or other secure 21 container which, when locked, is incapable of being opened without the 22 key, combination or other unlocking mechanism and is capable of prevent- 23 ing an unauthorized person from obtaining access to and possession of 24 the weapon contained therein. Nothing in this section shall be deemed 25 to affect, impair or supersede any special or local act relating to the 26 safe storage of rifles, shotguns or firearms which impose additional EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08626-09-9

A. 8174 2 1 requirements on the owner or custodian of such weapons. [~~The possession~~ 2 ~~of a rifle or shotgun by a person less than sixteen years of age who is~~ 3 ~~the holder of a hunting license or permit issued pursuant to article~~ 4 ~~eleven of the environmental conservation law when used in accordance~~ 5 ~~with such law shall not be governed by this section.~~] 6 It shall not be a violation of this section to allow a person less 7 than sixteen years of age access to: (i) a firearm, rifle or shotgun for 8 lawful use as authorized under paragraph seven or seven-e of subdivision 9 a of section 265.20 of this article, or (ii) a rifle or shotgun for 10 lawful use as authorized by article eleven of the environmental conser- 11 vation law when such person less than sixteen years of age is the holder 12 of a hunting license or permit and such rifle or shotgun is used in 13 accordance with such law. 14 Failure to safely store rifles, shotguns, and firearms in the first 15 degree is a class A misdemeanor. 16 § 2. Section 265.50 of the the penal law, as added by a chapter of the 17 laws of 2019, amending the penal law and the general business law relat- 18 ing to storage of firearms, as proposed in legislative bill numbers S. 19 2450-A and A. 2686-A, is amended to read as follows: 20 § 265.50 Failure to safely store rifles, shotguns, and firearms in the 21 second degree. 22 No person who owns or is custodian of a rifle, shotgun or firearm and 23 knows, or has reason to know, that a person less than sixteen years of 24 age is likely to gain access to such rifle, shotgun or firearm shall 25 store or otherwise leave such rifle, shotgun or firearm out of his or 26 her immediate possession or control without having first securely locked 27 such rifle, shotgun or firearm in an appropriate safe storage depository 28 or rendered it incapable of being fired by use of a gun locking device 29 appropriate to that weapon. For purposes of this section "safe storage 30 depository" shall have the same meaning as such term is defined in 31 section 265.45 of this article. Nothing in this section shall be deemed 32 to affect, impair or supersede any special or local act relating to the 33 safe storage of rifles, shotguns or firearms which impose additional 34 requirements on the owner or custodian of such weapons. [~~The possession~~ 35 ~~of a rifle or shotgun by a person less than sixteen years of age who is~~ 36 ~~the holder of a hunting license or permit issued pursuant to article~~ 37 ~~eleven of the environmental conservation law when used in accordance~~ 38 ~~with such law shall not be governed by this section.~~] 39 It shall not be a violation of this section to allow a person less 40 than sixteen years of age access to: (i) a firearm, rifle or shotgun for 41 lawful use as authorized under paragraph seven or seven-e of subdivision 42 a of section 265.20 of this article, or (ii) a rifle or shotgun for 43 lawful use as authorized by article eleven of the environmental conser- 44 vation law when such person less than sixteen years of age is the holder 45 of a hunting license or permit and such rifle or shotgun is used in 46 accordance with such law. 47 Failure to safely store rifles, shotguns, and firearms in the second 48 degree is a violation punishable only by a fine of not more than two 49 hundred fifty dollars. 50 § 3. This act shall take effect on the same date and in the same 51 manner as a chapter of the laws of 2019, amending the penal law and the 52 general business law relating to storage of firearms, as proposed in 53 legislative bill numbers S. 2450-A and A. 2686-A, takes effect.

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