STATE OF NEW YORK
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5278--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 17, 2015
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the penal law, the general business law and the educa-
tion law, in relation to criminally negligent storage of a weapon and
weapons safety programs for children
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Short title; construction. 1. This act shall be known and
2 may be cited as the "children's weapon accident prevention act".
3 2. The provisions of this act shall not be construed to preempt or
4 supersede any local law the provisions of which are no less stringent or
5 restrictive than the provisions of this act.
6 § 2. Legislative findings and intent. The legislature finds that a
7 tragically large number of children have been accidentally killed or
8 seriously injured by negligently stored weapons; that placing weapons
9 within reach or easy access of children is irresponsible, encourages
10 such accidents and should be prohibited; and that legislative action is
11 necessary to protect the safety of our children.
12 § 3. Section 265.00 of the penal law is amended by adding five new
13 subdivisions 26, 27, 28, 29 and 30 to read as follows:
14 26. "Weapon" means a "rifle", "shotgun" or "firearm".
15 27. "Locked box" means a safe, case or container which, when locked,
16 is incapable of being opened without the key, combination or other
17 unlocking mechanism, and is resistant to tampering by an unauthorized
18 person attempting to obtain access to and possession of the weapon or
19 ammunition contained therein. The division of state police shall develop
20 and promulgate rules and regulations setting forth the specific devices
21 or the minimum standards and criteria therefor which constitute an
22 effective locked box.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05544-03-5