STATE OF NEW YORK ________________________________________________________________________ 3880 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. ABINANTI, PAULIN, STECK, SEAWRIGHT, GOTTFRIED, FERNANDEZ, McDONOUGH, FAHY, EPSTEIN, SAYEGH, COLTON, WILLIAMS, TAYLOR, HYNDMAN, GRIFFIN, DAVILA -- Multi-Sponsored by -- M. of A. COOK, GLICK -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the safe storage of rifles, shotguns, and 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 chapter 133 2 of the laws of 2019, is amended to read as follows: 3 § 265.45 Failure to safely store rifles, shotguns, and firearms in the 4 first degree. 5 No person who owns or is custodian of a rifle, shotgun or firearm [~~who~~ 6 ~~resides with an individual who: (i) is under sixteen years of age; (ii)~~ 7 ~~such person knows or has reason to know is prohibited from possessing a~~ 8 ~~rifle, shotgun or firearm pursuant to a temporary or final extreme risk~~ 9 ~~protection order issued under article sixty-three-A of the civil prac-~~ 10 ~~tice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii)~~ 11 ~~such person knows or has reason to know is prohibited from possessing a~~ 12 ~~rifle, shotgun or firearm based on a conviction for a felony or a seri-~~ 13 ~~ous offense,~~] shall store or otherwise leave such rifle, shotgun or 14 firearm out of his or her immediate possession or control without having 15 first securely locked such rifle, shotgun or firearm in an appropriate 16 safe storage depository or rendered it incapable of being fired by use 17 of a gun locking device appropriate to that weapon. For purposes of this 18 section "safe storage depository" shall mean a safe or other secure 19 container which, when locked, is incapable of being opened without the 20 key, combination or other unlocking mechanism and is capable of prevent- 21 ing an unauthorized person from obtaining access to and possession of 22 the weapon contained therein. Nothing in this section shall be deemed to 23 affect, impair or supersede any special or local act relating to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00703-01-1

A. 3880 2 1 safe storage of rifles, shotguns or firearms which impose additional 2 requirements on the owner or custodian of such weapons. 3 It shall not be a violation of this section to allow a person less 4 than sixteen years of age access to: (i) a firearm, rifle or shotgun for 5 lawful use as authorized under paragraph seven or seven-e of subdivision 6 a of section 265.20 of this article, or (ii) a rifle or shotgun for 7 lawful use as authorized by article eleven of the environmental conser- 8 vation law when such person less than sixteen years of age is the holder 9 of a hunting license or permit and such rifle or shotgun is used in 10 accordance with such law. 11 Failure to safely store rifles, shotguns, and firearms in the first 12 degree is a class A misdemeanor. 13 § 2. This act shall take effect immediately.

Safe storage of rifles, shotguns, and firearms

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