New York

New York A 425 - Child Weapon Accident Prevention Act


§ 265.50 Failure to store a weapon safely in the second degree.
15 A person is guilty of failure to store a weapon safely in the second
16 degree when he or she stores or otherwise leaves a weapon out of his or
17 her immediate possession or control without having first securely locked
18 such weapon in an appropriate locked box or rendered it incapable of
19 being fired by the use of a gun locking device appropriate to that weap-
20 on.
21 Failure to store a weapon safely in the second degree is a violation.
22 § 265.55 Failure to store a weapon safely in the first degree.
23 A person is guilty of failure to store a weapon safely in the first
24 degree when he or she commits the offense of failure to store a weapon
25 safely in the second degree as defined in section 265.50 of this article
26 and has been previously convicted of the offense of failure to store a
27 weapon safely in the second degree as defined in section 265.50 of this
28 article within the preceding five years.
29 Failure to store a weapon safely in the first degree is a class B
30 misdemeanor.
31 § 265.60 Aggravated failure to store a weapon safely.
32 A person is guilty of aggravated failure to store a weapon safely when
33 he or she commits the offense of failure to store a weapon safely in the
34 second degree as defined in section 265.50 of this article and such
35 weapon is removed from the premises or discharged by another person
36 under the age of eighteen.
37 Aggravated failure to store a weapon safely is a class A misdemeanor.
38 § 265.65 Criminally negligent storage of a weapon in the second degree.
39 1. A person is guilty of criminally negligent storage of a weapon in
40 the second degree when with criminal negligence, he or she stores or
41 leaves a loaded rifle, loaded shotgun or loaded firearm in any location
42 where such weapon is accessible to a person under the age of eighteen
43 and such weapon is discharged by such person under the age of eighteen,
44 which causes serious physical injury to such person under the age of
45 eighteen or any other person.
46 2. In any prosecution under this section it shall be an affirmative
47 defense that the defendant actively pursued all reasonable efforts to
48 retrieve or otherwise regain possession of such weapon prior to its
49 discharge.
50 3. The provisions of this section shall not apply if:
51 (a) such person under the age of eighteen gains access to such weapon
52 as a result of an unlawful entry to any premises by any person;
53 (b) such weapon is stored in a securely locked box which prevents
54 access to the weapon and any ammunition which may be used to discharge
55 such weapon is stored in a separate, securely locked box which prevents
56 access to such ammunition;
1 (c) such weapon is secured with a gun locking device which prevents
2 the weapon from discharging;
3 (d) such person under the age of eighteen possessed the loaded shotgun
4 or loaded rifle in compliance with a valid hunting license issued pursu-
5 ant to article eleven of the environmental conservation law;
6 (e) such weapon is in the possession or control of a police officer
7 while the officer is engaged in official duties; or
8 (f) such weapon is needed for the lawful purpose of self defense.
9 Criminally negligent storage of a weapon in the second degree is a
10 class E felony.
11 § 265.70 Criminally negligent storage of a weapon in the first degree.
12 1. A person is guilty of criminally negligent storage of a weapon in
13 the first degree when with criminal negligence, he or she stores or
14 leaves a loaded rifle, loaded shotgun or loaded firearm in any location
15 where such weapon is accessible to a person under the age of eighteen
16 and such weapon is discharged by such person under the age of eighteen,
17 which causes the death of such person under the age of eighteen or any
18 other person.
19 2. In any prosecution under this section it shall be an affirmative
20 defense that the defendant actively pursued all reasonable efforts to
21 retrieve or otherwise regain possession of such weapon prior to its
22 discharge.
23 3. The provisions of this section shall not apply if:
24 (a) such person under the age of eighteen gains access to such weapon
25 as a result of an unlawful entry to any premises by any person;
26 (b) such weapon is stored in a securely locked box which prevents
27 access to the weapon and any ammunition which may be used to discharge
28 such weapon is stored in a separate, securely locked box which prevents
29 access to the weapon;
30 (c) the weapon is secured with a gun locking device which prevents the
31 weapon from discharging;
32 (d) such person under the age of eighteen possessed the loaded shotgun
33 or loaded rifle in compliance with a valid hunting license issued pursu-
34 ant to article eleven of the environmental conservation law;
35 (e) such weapon is in the possession or control of a police officer
36 while the officer is engaged in official duties; or
37 (f) such weapon is needed for the lawful purpose of self defense.
38 Criminally negligent storage of a weapon in the first degree is a
39 class D felony.
40 § 265.75 Criminally negligent storage of a weapon in the first and
41 second degree; application.
42 If a person who is suspected of violating section 265.65 or 265.70 of
43 this article is the parent or guardian of a child who is injured or who
44 dies as the result of such violation, the district attorney shall
45 consider, among other factors, the impact of the injury or death on the
46 person who is suspected of violating section 265.65 or 265.70 of this
47 article when deciding whether or not to prosecute such person for such
48 offense.