New York Safe Storage Law
What it means for gun owners living with children
ALBANY – Gun owners in New York will soon be guilty of a crime if they don’t lock up their firearms while living in a home with someone under the age of 16.
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Gov. Andrew Cuomo signed the “safe storage” bill into law Tuesday, expanding the state’s existing lock-up rules in hopes of making it more difficult for children to get access to guns.
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Cuomo also signed a measure Tuesday prohibiting the manufacturing, sale and possession of guns that are not picked up by metal detectors, a measure meant to outlaw 3D-printed guns.
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Starting Sept. 28, gun owners living with a child could face a Class A misdemeanor charge if they don’t use a gun-locking device or lock their firearms in a cabinet or safe while the gun is out of their immediate possession.
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The charge carries a penalty of up to one year in prison or three years probation and a fine of up to $1,000.
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If a gun isn’t locked up while a child is visiting or could otherwise gain access, the owner would face a violation with a fine of up to $250.
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Assemblywoman Amy Paulin, D-Scarsdale, Westchester County, said the bill, which she sponsored, was inspired by a number of child deaths related to unlocked guns in homes.
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That includes the 2010 death of 12-year old Nicholas Naumkin, who was accidentally shot by a friend who was playing with his father’s gun in a Saratoga County home.
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“Given everything we know about the effect a gun in the home can have on our children’s health and safety, and the many tragic stories when a firearm was left unattended by an adult, this law is absolutely necessary for keeping our kids safe,” Paulin said in a statement.
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The 2013 SAFE Act required gun owners to lock up their firearms in their homes only if living with someone who was legally prohibited from possessing a firearm, such as those convicted of felonies or domestic-violence crimes or who are otherwise subject to an order of protection.
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The new law, which takes effect Sept. 28, expands it to include anyone living with (or reasonably expecting a visit from) someone under the age of 16.
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It applies when the gun is outside of the owners direct control. There are exceptions for those under the age of 16 who are being supervised and hold a hunting license or are participating in a marksmanship program, which were approved in a separate bill.
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The law doesn’t supersede any local laws that may carry additional storage requirements.
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