S T A T E O F N E W Y O R K ________________________________________________________________________ 5665 2013-2014 Regular Sessions I N A S S E M B L Y March 5, 2013 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee 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 added by chapter 1 of 2 the laws of 2013, is amended to read as follows: 3 S 265.45 Safe storage of rifles, shotguns, and firearms. 4 No person who owns or is custodian of a rifle, shotgun or firearm [who 5 resides with an individual who such person knows or has reason to know 6 is prohibited from possessing a firearm pursuant to 18 U.S.C. S 922(g) 7 (1), (4), (8) or (9)] shall store or otherwise leave such rifle, shotgun 8 or firearm out of his or her immediate possession or control without 9 having first securely locked such rifle, shotgun or firearm in an appro- 10 priate safe storage depository or rendered it incapable of being fired 11 by use of a gun locking device appropriate to that weapon. For purposes 12 of this section "safe storage depository" shall mean a safe or other 13 secure container which, when locked, is incapable of being opened with- 14 out the key, combination or other unlocking mechanism and is capable of 15 preventing an unauthorized person from obtaining access to and 16 possession of the weapon contained therein. [With respect to a person 17 who is prohibited from possessing a firearm pursuant to 18 USC S 18 922(g)(9), for purposes of this section, this section applies only if 19 such person has been convicted of a crime included in subdivision one of 20 section 370.15 of the criminal procedure law and such gun is possessed 21 within five years from the later of the date of conviction or completion 22 of sentence.] 23 A violation of this section shall constitute a class A misdemeanor. 24 S 2. This act shall take effect on the same date and in the same 25 manner as section 47 of chapter 1 of the laws of 2013, as amended, takes 26 effect. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08693-01-3