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S2450Senate2019-2020 SessionSame asA2686

Require Safe Gun Storage

Official title

“Relates to requirements for the safe storage of rifles, shotguns and firearms; repeals sections of law related thereto”

Sponsor Liz KruegerSD-28+31 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
7/10
Significant
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill strengthens safe storage requirements for firearms in New York, adds penalties for violations, and mandates prominent safety warnings.

Why it matters

  1. Expands safe storage obligations to more situations. The bill not only requires secure firearm storage when a child lives in the home, but also if the gun owner knows or should know that someone prohibited from firearm possession (such as due to a restraining order or felony conviction) lives there. This broadens the range of households and scenarios covered.

  2. Creates a tiered penalty system. There are now two levels of violation: a first-degree offense (a class A misdemeanor) for unsafe storage where a prohibited person or minor is present, and a second-degree offense (a violation with a fine) for unsafe storage where a minor is likely to access the firearm, even if they do not live in the home. This distinction clarifies legal risks for gun owners and increases accountability.

  3. Mandates clear, standardized warnings for gun owners and retailers. The law requires new, highly visible warning notices about safe storage responsibilities to be provided to licensees and posted in places of sale. This aims to raise awareness, potentially influencing behavior and reducing accidental or unauthorized access to firearms.

  4. Includes exceptions and preserves stricter local rules. The bill exempts minors with hunting licenses using firearms in compliance with environmental law, and explicitly allows localities to enact or maintain stricter storage or notice requirements, ensuring a floor but not a ceiling for gun safety regulations.

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Who cares

Headline styles

Require Safe Gun Storage

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Liz Krueger

Senator · Senate District 28

Chair, Finance

History

  1. Signed chap.135
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.23
  6. Substituted for A2686A
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 37–22
  10. Amended on third reading (t) 2450a
  11. Ordered to third reading cal.94
  12. Reported and committed to rules
Show 1 earlier action
  1. 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.

A2686Assembly

Require Safe Gun Storage

Assembly Floor Calendar · Sponsor Amy Paulin

Impact 7 · Significant0% to pass

Full text

4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 2450--A A. 2686--A Cal. No. 94 R. R. 23

2019-2020 Regular Sessions

SENATE - ASSEMBLY

January 24, 2019

IN SENATE -- Introduced by Sens. KRUEGER, MAYER, ADDABBO, BAILEY, BENJA- MIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, LIU, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS,… Show all

IN SENATE -- Introduced by Sens. KRUEGER, MAYER, ADDABBO, BAILEY, BENJA- MIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, LIU, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SAVINO, SEPULVEDA, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee and committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. PAULIN, HEASTIE, LENTOL, PEOPLES- STOKES, ABINANTI, ENGLEBRIGHT, JAFFEE, L. ROSENTHAL, GALEF, COOK, ORTIZ, CYMBROWITZ, DINOWITZ, WEPRIN, FAHY, BRAUNSTEIN, MOSLEY, BUCHWALD, STECK, COLTON, ROZIC, SEAWRIGHT, LAVINE, CRUZ,… Show all

IN ASSEMBLY -- Introduced by M. of A. PAULIN, HEASTIE, LENTOL, PEOPLES- STOKES, ABINANTI, ENGLEBRIGHT, JAFFEE, L. ROSENTHAL, GALEF, COOK, ORTIZ, CYMBROWITZ, DINOWITZ, WEPRIN, FAHY, BRAUNSTEIN, MOSLEY, BUCHWALD, STECK, COLTON, ROZIC, SEAWRIGHT, LAVINE, CRUZ, FRONTUS, GRIFFIN, JACOBSON, PICHARDO, REYES, SAYEGH, STERN, D. ROSENTHAL, BLAKE, RAMOS, FERNANDEZ -- Multi-Sponsored by -- M. of A. ARROYO, AUBRY, CRESPO, DenDEKKER, GOTTFRIED, HEVESI, PERRY, RICHARDSON, SIMON, THIELE, WRIGHT -- read once and referred to the Committee on Codes -reported and referred to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading

AN ACT to amend the penal law and the general business law, in relation to storage of firearms; and to repeal section 2 of chapter 19 of the laws of 2019 amending the civil practice law and rules and the penal law relating to establishing extreme risk protection orders as courtissued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun, relating thereto

The People of the State of New York, represented in Senate and Assembly, do enact as follows: [ ] is old law to be omitted.

S. 2450--A 2 A. 2686--A

Section 1. Section 2 of chapter 19 of the laws of 2019 amending the civil practice law and rules and the penal law relating to establishing extreme risk protection orders as court-issued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun, is REPEALED.

§ 1-a. Section 265.45 of the penal law, as amended by section 3 of part FF of chapter 57 of the laws of 2013, is amended to read as follows: § 265.45 [Safe storage of] Failure to safely store rifles, shotguns, and

firearms in the first degree.

No 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 pursuant to 18 U.S.C. § 922(g) (1), (4), (8) or (9)]: (i) is under sixteen years of age; (ii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm pursuant to a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm based on a conviction for a felony or a serious offense, shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or 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. For purposes of this section "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 an unauthorized person from obtaining access to and possession of the weapon contained therein. [With respect to a person who is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), for purposes of this section, this section applies only if such person has been convicted of a crime included in subdivision one of section 370.15 of the criminal procedure law and such gun is possessed within five years from the later of the date of conviction or completion of sentence.] Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons. The possession of a rifle or shotgun by a person less than sixteen years of age who is the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law when used in accordance with such law shall not be governed by this section.

[A violation of this section shall constitute] Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor.

§ 2. The penal law is amended by adding a new section 265.50 to read as follows: § 265.50 Failure to safely store rifles, shotguns, and firearms in the

second degree.

No person who owns or is custodian of a rifle, shotgun or firearm and knows, or has reason to know, that a person less than sixteen years of age is likely to gain access to such rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository

S. 2450--A 3 A. 2686--A

or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon. For purposes of this section "safe storage depository" shall have the same meaning as such term is defined in section 265.45 of this article. Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons. The possession of a rifle or shotgun by a person less than sixteen years of age who is the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law when used in accordance with such law shall not be governed by this section.

Failure to safely store rifles, shotguns, and firearms in the second degree is a violation punishable only by a fine of not more than two hundred fifty dollars.

§ 3. Section 400.00 of the penal law is amended by adding a new subdivision 18 to read as follows:

18. Notice. Upon the issuance 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 DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIB- ITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH.

Nothing in this subdivision shall be deemed to affect, impair or supersede any special or local law relating to providing notice regarding the safe storage of rifles, shotguns or firearms.

§ 4. 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, as such terms are defined in section 265.00 of the penal law, shall, in the place where such rifles, shotguns or 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."] "RESPONSI- BLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE. RIFLES, SHOTGUNS AND 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 IF A CHILD RESIDES IN THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A PERSON PROHIBITED FROM POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR FEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES, SHOTGUNS OR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH." Nothing in this subdivision shall be deemed to affect, impair or supersede any special or local law relating to the posting of notice regarding the safe storage of rifles, shotguns or firearms.

S. 2450--A 4 A. 2686--A

§ 5. 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.

§ 6. This act shall take effect on the sixtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 one amends section 265.45 of the penal law to provide that no person who owns or has custody of a rifle, shotgun, or firearm who resides with an individual who is under sixteen years of age or who such person knows or has reason to know is prohibited from possessing a firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or 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. Failure to safely store rifles, shotguns, and firearms in t he first degree is a class A misde- meanor.

Section two amends the penal law by adding a new section 265.50 to provide that no person who owns or is custodian of a rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or 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. Failure to safely store rifles, shotguns, and firearms in the second degree is a violation.

Read the full memo (1,344 words)

Section three amends section 400.00 of the penal law by adding a new subdivision 18, to require the licensing officer to issue a notice set forth in the subdivision in conspicuous and legible type upon the issu- ance of a license.

Section four amends subdivision 2 of § 396-ee of the general business law, to provide the text of the notice that every person, firm or corpo- ration engaged in the retail business of selling rifles, shotguns, or firearms must post conspicuously in bold print in the p lace where such rifles, shotguns, or firearms are displayed or transferred to a purchas- er.

Section five is a severability provision and section six provides the effective date.

Justification

In 2001, legislation was passed to require the purchase of a safety locking device with the purchase or transfer of a firearm. In 201 3, 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 an y person who resides with a child under the age of 16 and who stores or otherwise leaves a rifle, shotgun or firearm out of his or he r immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by using an appropriate gun locking device. A violation will result if any person stores or otherwise leaves a rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or 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 esti- mated 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 Pedia- trics 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 35, ed. 2013, p. 13. Moreover, studies have shown that keeping firearms locked and unloaded reduced unintentional injury in homes with children and teens. 29 3 )AMA 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. ( See http://www.health.ny.gov/prevention/injury_prevention/children/fact_ sh eets/birth-19_years/firearminjwiesbirth-19_years.htm)

This bill is inspired by 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 Nicho- las. 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 hospital- ized 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 (WISQAR S), 116 chil- dren under the age of 19 were killed by guns in New York - 93 were homi- cides, 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 wit h lower rates of unintentional gun deaths among children. Regulating Guns in America: An Evaluation and Comparative Analysis of Federal, State and http://nysks.state.ny.us/nyslbdclinavigate.cgRNVOTO:2/3 2/28/2019Legislative Information - LBDC Selected Local Gun Laws, p. 233, published by Legal Community Against Violence, 2888. 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. Although we have been a leader in enacting strong gun safety laws, we do not have CAP and safe storage laws crit- ical to preventing gun accidents. Safe storage laws save lives.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.