NY State Assembly Passes ‘Nicholas’ Law,’ Makes Home Defense More Difficult

The New York State Assembly passed “Nicholas’ Law” Tuesday, a bill named after the 12-year-old boy who was fatally shot by a middle-school classmate in 2010.

At 77-58, the votes were close, and the bill only won by one more vote than was necessary.

Nicholas’ Law requires all weapons not in the owner’s immediate possession to be safely stored, making it more difficult for children to access the potentially lethal weapons, but more difficult for homeowners to protect their family and property from invaders.

“It says for 600,000 hunters, don’t pick up a cup of coffee on the way, (and) don’t use the restroom on your way back unless you bring your rifle with you,” said Assemblyman Andrew Goodel (R-Chatauqua County), questioning if leaving a gun in a vehicle would result in charges being filed.

Assemblyman Bill Nojay (R-Monroe County) argued that the new law will not be respected by the citizens, and that their disrespect will extend to law in general and even law enforcement officials.

“When we pass laws that the citizenry does not respect we cheapen the law, we increase disrespect for the law and we increase disrespect for law enforcement,” said Nojay. “Mr. Speaker, this bill is poorly conceived and like the SAFE Act is poorly drafted.”

However, Nicholas’ mother, Oksana Naumkin, and the group New Yorkers Against Gun Violence, fully supported Nicholas’ Law, saying the new bill will help prevent similar tragedies from happening.

“I applaud the State Assembly’s vote today passing Nicholas’s Law, which will prevent future tragedies such as the one that devastated our family,” she said. “Nothing will bring Nicholas back to us. But with today’s vote, we are a step closer to enacting a statewide law that will mean other families will not have to endure our ongoing pain. Now it is the Senate’s responsibility to act. We are not going away. We will continue to fight for Nicholas’s Law until it is the law of the State of New York.”

(This article was written by freelance writer Brent Rogers)

{ 38 comments… add one }
  • Jesse Scott April 7, 2017, 8:20 am

    Ever notice how the truly ignorant who suffer a catastrophic event due to their own carelessness then feel a strong need to pass an unecessary law to ensure the rest of us do not do the same?

  • George Naschke January 27, 2017, 12:06 pm

    This article leaves out the information of whether the State Senate also approved the bill as well, and did Il Duce Cuomo sign it into law? The date of the article is 2015, and Bill Noway is gone for good. If the bill became law, when does it take effect? Don’t offer up click bait like this and do an incomplete job of writing the article, the media has a poor enough reputation as it is following their one sided coverage of the greatness that is Hillary Rodham Clinton.

  • Bob Bidwell January 27, 2017, 4:59 am

    I’ll bet the law does NOT define “owner’s immediate possession”. Does it mean I have to clear the scabbard when I dismount my horse? What if the children are grown and gone from the home? I guess that the cops will be called every time I do yard work, with the AR strapped to my back and a shotgun on the other side…….

  • Rick January 25, 2017, 7:26 am

    Another stupid law that wont be followed…

    • GunFlint1 January 25, 2017, 2:06 pm

      If a nut case wants to kill people, he will kill people. If everyone would carry, it would greatly reduce a nut jobs odds of killing anyone.
      OK, lets go by the Numbers…How many kids are killed by Drunken driving ?? Child abuse ? Proof NY Assembly doesn’t give a Rats Rear about Children. . Only reason the NY Assembly passed this stupid Bill is the Liberals are infected with a Obama mentality disorder.. We will deal with them later.

  • ONTHE WALL January 25, 2017, 5:01 am

    These people have no idea what they are talking about. Back in the early 80’s a guy who couldn’t get a gun went out and bought a couple cans of gasoline. He went to the disco where his girlfriend, after dumping him, and poured gasoline around the place, then he threw a match to the gasoline. He KILLED 86 PEOPLE WITHOUT EVER FIRING A SHOT. When these nut jobs cant get guns anymore THEN THEY WILL START USING BOMBS OR GASOLINE. Tell you the truth I’d rather get a bullet in the head than be burned to death, it’s not a pleasant way to go and in many instances the lye’s awake for death to come all the while suffering terribly. Read up on the Bath School disaster, known as the Bath School massacre, was a series of violent attacks perpetrated by Andrew Kehoe on May 18, 1927, in Bath Township, Michigan, that killed 38 elementary schoolchildren and 6 adults and injured at least 58 other people.[Note 1] Kehoe killed his wife and firebombed his farm, then detonated an explosion in the Bath Consolidated School, before committing suicide by detonating a final device in his truck. It is the deadliest mass murder to take place at a school in United States history.[1][2] Read the article, he was pissed the taxes were raised and he lost his election bid for the township clerk.

    • DIYinSTL January 25, 2017, 9:14 am

      If I recall correctly, the perpetrator of the Bath School Massacre was on the school board which gave him access to the school to lay the explosives. Also, the death toll was so low only because most of the explosives did not detonate. This was a front page story on the day that Lindbergh completed his solo flight across the Atlantic which was, of course, the headline.

  • Kivaari June 22, 2015, 4:19 pm

    As stated by Mr. Nojay, this law will be ignored as it lessens respect for all laws across the board. People need to be responsible for how they secure guns. I choose to carry a gun 24-7 and lock up the others. When I had young children, I didn’t worry about them since they were well trained. But, if they have friends over, I locked the safes.
    But, don’t disarm yourself, get a gun that carries in a pocket, like a S&W Centennial. Pack it on your person.

  • BRASS June 22, 2015, 3:53 pm

    Born in Buffalo, NY, couldn’t wait to leave and did 49 years ago. Stationed in Brooklyn, NY in ’67 and volunteered for shipboard duty to get out; this is but one MORE reason why I would never live there again.
    NY is and for the most part has been run by hypocrites, elitists and liars who see individual rights as an obstacle to power and control. While most of NY is rural or small towns and cities, the state is controlled by NYC money and the twits in Albany.
    The biggest shame is NYers leave NYC by the hundreds of thousands to escape the high cost of living, high taxes, crowding, lack of freedom and other quality of life issues and relocate to places that they almost immediately try to make just like the place they left. It used to be Florida but since the 80s has been North Carolina and similar which they are trying hard to ruin.
    The term Yankee go home, has never been fully understood by them but those who have lived and had to put up with their nonsense understand it only too well.
    The locals on the Crystal Coast used to say, “Bless your heart, you have a safe trip home.”

  • Larry Koehn June 22, 2015, 12:31 pm

    Yes sir, a new law that will affect law abiding citizens is sure to change the mind of a psychopathic 12 year old that wants to kill someone. I am sure that declaring all of NY state to be a gun free zone would stop all violent crime in that state. Of course you would have to also ban knives, ball bats, hammers, screwdrivers, razors, automobiles, and all other things that could be deadly in deranged hands. Ah peace at last! Rocks, we must pick up all of the rocks and transport them out of state. Ah peace at last. Water, we must drain every drop of water in NY state so no one can drown anyone. Ah peace at last. Fire we must eliminate every fire from NY state so no one can burn anyone to death. Ah peace at last. Not so fast, we must chop off everyone’s hands so that strangulation is totally eliminated also. All of which should tell you that political offices in NY state are filled with left wing loons or morons who think laws like the proposed law will change anything.

  • Winston June 22, 2015, 11:23 am

    NY state is an alien- run gov’t bearing less resemblance to much of the rest of the country.

  • Joe June 22, 2015, 10:22 am

    If you have kids it’s your responsibility to ensure they don’t get injured by a gun in your house. I don’t have kids and if I lived in New York I’d be getting ready to leave for good just like I did 28 years ago when Maryland milked the last drop out of my income for it’s progressive leadership that I could stand for.

  • petru sova June 22, 2015, 10:08 am

    I am pro-second amendment but in this case I applaud the new law. I have been in too many homes where loaded guns were easily accessed not only by children living there but by their friends who came over to play. None of these children were old enough or mature enough to have easy access to a loaded gun no matter if they had even been given training on their use. Kids are Kids and they do stupid and foolish things. I think only a right wing irresponsible paranoid would oppose such a common sense law.

    Lets face facts there are number of ways you can very quickly access a loaded gun. There are desk safes that can be accessed almost immediately. Many new guns come with locks incorporated in the butt of the gun. TRIGGER LOCKS also come with many guns sold today as well YOU ARE SUPPOSED TO USE THEM THEY ARE NOT A COLLECTORS ITEM. And as a last resort some automatics have magazine safeties so that the owner can carry the magazine on his person while the gun is made safe because it has no magazine in in it. And lets face facts if you are that threatened the new law allows you to carry the gun on your person.

    Before right wing fanatic paranoids start screaming Second Amendment violation why don’t you for a moment think of other people besides yourself, especially immature and vulnerable children. This new law will not prevent you from protecting yourself or your home.

    WHEN I HAD CHILDREN IN THE HOME I ALWAYS KEPT MY GUNS LOCKED UP OR ONE WITH A TRIGGER LOCK AND OUT OF THE HANDS OF CHILDREN. THE KEY TO THE TRIGGER GUARD WAS ON MY PERSON AND NO WHERE ELSE. THE MAGAZINE WAS NOT IN THE GUN BUT ON MY PERSON. THIS IN NO WAY EVER PREVENTED ME FROM EASY AND IMMEDIATE ACCESS TO A GUN IN CASE OF A BREAK IN. THATS A FACT BECAUSE I LIVED IT.

    • Administrator June 22, 2015, 10:15 am

      Fool ass people like you are the problem. Thousands of people die every year from swimming pools, stairs and plastic grocery store bags, and less than 50 die of firearms accidents. You are a regular commenter here and I’m quite sure that you have seen the stats on these things, but you parrot this stupidity regardless. Everything that is wrong with America is due to mental laziness. Wake up!

      • petru sova June 22, 2015, 5:58 pm

        Now even if your facts are correct (which they are not )you are condoning the deaths of 50 children and or people a year. Now the real truth of the matter in relation to firearms deaths is that it is many times very difficult to determine if a person killed himself on purpose or by accident. Anti-gunners lump all firearms accidents into one statistic while pro-gun people do the opposite by attributing as many deaths as possible to suicide. Of course many times it is impossible to tell so any quotes made by either side is often very misleading.

        In conclusion even one death is one death too many especially if you happened to be personally involved with it and 50 deaths (giving your statistic way too much lee way) is still unacceptable when the deaths could be vastly reduced by this common sense law. Remember this law just does not save children\’s lives it saves adults lives as well as they make mistakes too, especially those not familiar with firearms of which there are many. The new state law should be a national law.

        As far as you 50 deaths a year. Here is another statistic that quotes 600 deaths a year. And no we cannot determine the exact cause for all of them so once again it is probably too high but on the other hand it shows your statistic is way to low as well.

        http://www.thedailybeast.com/articles/2013/02/20/why-does-the-gun-lobby-fear-science-and-safety.html

        • Joe McHugh June 26, 2015, 7:18 pm

          Petru Sova, I own a Taurus Model 24/7 OSS DS pistol that is always loaded with ten .45 caliber cartridges in the magazine. I usually keep it nearby while I am doing things around my house or on the nightstand next to our bed. Our kids are grown up now and living in other cities and states but we still have people visit with their kids. On at least two occasions the visiting children discovered my loaded pistol and were playing with it.

          Right about now, you are probably hoping that I live in the People’s Republic of New York. Yes, I am a resident of New York State and I still leave my pistol fully loaded, and always ready for immediate use as a means of self-defense.

          So Petru Sova, do you regard me as being somewhat irresponsible regarding my behavior with this pistol? Before you answer, I should add one further fact about the Taurus Model 24/7 OSS DS handgun. It has an integral key lock that prevents operation by anyone that does not have the key. Obviously, I keep my pistol in the locked state and wear the key on a neck chain, a neck chain that I never take off, even while showering. Oh, the kids that were playing with the loaded pistol? They could have dropped it on their toes but that’s about the only way that they could have hurt themselves with it. It’s impossible to move the gun slide to chamber a cartridge, or to pull the trigger even if that could be done.

          If that new bill gets passed into law, my current behavior with my pistol could subject me to arrest and prosecution if it is not “safely stored”. Petru, remind me again, how would this new gun law provide more safety in my home?

          • Johnny Alamo March 2, 2017, 10:09 pm

            Normally I would not respond to a two year old comment. I would just like to point out that the Taurus security key you use, and on which your child’s life depends, are available for two dollars at any gun show here in the state of Texas. It is just a hollow hex key, about 1/8″ OD, and there are very similar devices sold at Lowes and Home Depot and most large hardware stores, all of which would probably work to turn that gun lock. I can’t comment on the availability in your state, though, but I doubt they are difficult to buy or borrow or steal.

            A determined person would drill out the center post of the lock, a 30-second task using standard home tools such as drill and drill bit, then use an ordinary hex key, aka allen wrench, to unlock the gun. Or they could use any super-hard steel like the slim end of a rat tail file, jam it in the lock, and turn the mechanism. I am writing this to make the point that any lock is only a delaying device – even the most secure can be defeated, some more easily than others, and that Taurus lock is not very secure at all, except maybe to an infant with no access to a toothpick or paper clip or eyeglass screwdriver set or piece off some plastic toy.

            All locks can be defeated, without exception. At one end of the spectrum are the tiny half-inch luggage locks, which any person with a screwdriver or thick pencil can defeat. At the other end are bank vaults, but even they are not safe. The most secure vault in the world, a huge London underground steel-and-concrete diamond storage vault, was defeated by an overage group of retired criminals with nothing better to do than take some months to plan and execute the theft of the vault’s millions in cut diamonds and negotiable securities.

            After several months, a break in that diamond-theft case occurred because the crooks missed only one video camera, and all but one of the gang were arrested, prosecuted, and packed off to prison. However, the $15 million in cut diamonds and negotiable securities the gang stole were never recovered, because as it happened the one guy they did not catch was the guy who had the task of hiding all the loot, to be passed out among the gang later. He’s suspected now to be enjoying the high life in the Caribbean, but as there is no evidence to convict him, he has apparently got off scot free.

            My point – do not trust the life of your children and loved ones to two-dollar gun locks, or even thousand dollar gun vaults, because any or all of them can be defeated, even defeated easily, depending on the seriousness of the owners about keeping the keys and combinations, hammer drills and tire tools, out of the hands of anyone with access to their guns. There is no safe gun, there are only safe people, but most people delude themselves about their own gun safety.

            As a long-time shooting instructor and NRA Range Safety Officer I’ve seen all types, and never yet seen anyone who recognizes how basically unsafe their personal ‘gun safety’ really is, especially when children are involved. Too many think just because their child agrees to never take cookies out of the cookie jar, they child will never succumb to temptation and grab a bite – same with guns – no child can be trained to always stay away from guns, their young brains are not mature enough to truly understand that guns are dangerous, they have no mental concept of permanent death, thus they will point a gun and pull the trigger without compunction, no matter how many time they can recite ‘gun safety rules’ to please adults.

            Even people in their late teens and early twenties still think they are ten feet tall and bullet proof, which is why all armed forces at the level of private are filled with those youngsters – they think they can never be maimed, injured or killed in combat. It is a function of brain maturity, not knowledge or training, that makes people think that way, and when those guys get into their thirties they finally begin to understand their own and others’ mortality.

            Stop and think about how you would defeat your own Taurus gun lock if you were stranded on a desert island, and you will see how insecure that lock really is, even to a child.

      • Mark N. June 23, 2015, 3:34 am

        Why is a site administrator engaging in ad hominem attacks on a commentator? It is unprofessional and unseemly. Feel free to criticize his opinion, but for God’s sake don’t call him a “fool ass.” And I agree with Sova–the average number of accidental firearms deaths of children is closer to 600 than it is to 50.

        • joe June 26, 2015, 8:21 pm

          Just because you agree with an idiotic statement doesn’t make it less idiotic without documentation.

    • DaveGinOly June 22, 2015, 5:17 pm

      Children don\’t come into my home. Practically everyone who comes into my home owns guns themselves, or they are adults who know that I own guns and that they are not toys. This law would apply to me for absolutely no good reason, but I could still be punished for violating it, even though its enforcement in my case would do nothing to promote safety. Although the state may have a limited interest in public safety, within my own home it has next to none, because my home is private, not public. The government has no business telling me how to secure my own property in my own home.

      \”It is not the function of our government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.\”
      Perry v. United States, 204 U.S. 330, 358

  • Kimberpross June 22, 2015, 9:48 am

    I can see it now. NY Homeowner arrested on charges of not having firearm locked secured after thwarting a home invasion. The home invader stated they had only been at the home for about 15 seconds before shots rang out from inside the home. Prosecution states there is no way this home owner could have reacted this quickly if the weapon had been properly, by the law, secured..

  • Doc June 22, 2015, 9:18 am

    Just another stupid moronic law for law bidding citizens to try to control our 2nd amendment rights. Gov. Cuomo is nothing but a puppet. He thinks he is doing NY a great service. Cuomo Your an a$$hole. You no nothing at all about guns. Your nothing but a little pussy. You are just as bad as your f__ked up father. Passing laws with out ever considering the people that live in the state that you govern over. You keep passing stupid laws and not even 1 law that you passed will ever stop the criminal that steals a gun to commit a crime. Cuomo, You are a very very stupid man. I agree with 1 of the comments, (Just another reason NOT to live in NY state).
    My house is on the market now. I am getting out of N.Y. state for good. It is run by little pussys that do not have any backbone at all. And Cuomo is the biggest pussy of them all.

  • Ibjj June 22, 2015, 9:04 am

    Didn’t anyone consider charging Nicklaus’ killer’s mother with criminal negligence for NOT teaching her son common gun safety. Why is gun safety not taught in our primary schools? Our multi-billion dollar education system has filed the nation miserably. Why not have a common sense/survivors curriculum for each grade? Teach kids about taxes, voting, courts, property laws, how to read a ruler (!), etc.

    • Willie-O June 22, 2015, 1:29 pm

      Our education-system is entirely too busy teaching all the latest politically correct curriculum, such as Bobby has 2 mommys or Suzy has 2 daddys AND let’s not forget all the time they spend counselling kids about gender (self) identification – we certainly don’t want Bobby forced to use the boy’s bathroom if he actually identifies as Suzy.

    • Mark N. June 23, 2015, 3:30 am

      Because there is no law saying that it is criminal negligence to fail to teach your kids gun safety (if you own guns). This solves that problem by making the parents criminally culpable for failing to secure their weapons. California has just such a law (rarely enforced) on the books. I haven’t seen the language of this law, but I suspect that it may require firearms to be secured whenever out of your immediate possession such as the San Francisco ordinance , upheld by the Ninth Circuit, that disallows nightstand guns even if you live alone and have no children in your household (just a bit of overkill). That case, Jefferson v. San Francisco, was denied review by the Supreme Court, over a stinging decent and warning to the lower courts by Justice Thomas that the liberal circuits were misapplying the guidance set down in Heller. The basis for denying cert (apparently) was that there was no circuit split that required the Supreme Court’s intercession.

  • Retired Navy Spook June 22, 2015, 8:32 am

    There are two potential solutions to this law. (1) Move out of New York (recommended whether you use solution #2 or not), or (2) buy one of the dozens of economical, high quality tabletop biometric single gun safes that can be accessed as quickly as retrieving your gun from a night stand or desk drawer.

    • afvet June 23, 2015, 3:55 am

      There is a third option. Grow a pair and ignore the law. It is unconstitutional and therefore void .

  • George June 22, 2015, 7:38 am

    Just another attempt by the Nazi government of NY to chip away at the rights of its citizens. …one small piece at a time, typical Hitleresque tactics. So add this to all the other attempts by NY to remove common sense from its people.

  • Will Drider June 21, 2015, 2:32 pm

    To Gun Control proponents everywhere,

    The core of the gun control agenda is to eliminate and criminalize activities that cause firearms injury or death and restrict conduct with friearms that directly threatens others. Lawful use of firearms resulting in injury or death by law enforce or military is excluded.

    Lets look at what laws currently exist.
    Use of a firearm causing injury or death.
    Use of a firearm in the commision of a crime.
    Purchase or possession of a firearm by a felon, domestic abuser, substance abuser, mentally ill, illegal alien and other restricted persons.
    Steal a firearm: we already have laws for that.
    Purchase a firearm for an restricted person: we have laws for that.
    Illegally carrying a firearm or possession of a unregistered restricted firearm.
    Brandishing or communicating threats with a firearm.
    Operate a firearms business without a Federal license.
    Smuggle firearms across state lines.

    There are more examples and laws on the books.  Since all criminal activity is covered,  why do you want to criminalize and restrict lawful Rights and activities? Just as law enforcement can’t prevent all crimes, current and new laws will not stop stop it either.  Police and laws are just a deterent with margional affect based on prison populations and crime statics.

    Your efforts and funds would be better utilized by directing them at reducing crime and not trying to restrict individuals determined to protect themselves from it.

  • DRAINO June 21, 2015, 8:03 am

    Ignorance hard at work making life easy for criminals, and Just as easy for law abiding citizens to be controlled by the government. Thanks NY. Add another reason to the list of reasons NOT to go/live there. Don’t

  • DRAINO June 21, 2015, 8:03 am

    Ignorance hard at work making life easy for criminals, and Just as easy for law abiding citizens to be controlled by the government. Thanks NY. Add another reason to the list of reasons NOT to go/live there. Don’t

    • oldfuzz695 June 22, 2015, 1:07 pm

      I am a certified police officer from Ga. NYCPD told me not to bring a handgun into NYC. Some officers would charge me and some wouldn’t. Then they added a ridiculous statement, “You can bring a knife”. What idiots!

      • Mark N. June 23, 2015, 3:18 am

        That was pretty silly of them. If that knife happened to be a Kershaw with assisted opening, you would be in possession of an illegal “gravity knife,” knives that the NYPD love to confiscate while charging the possessor with a misdemeanor. Although there is a bill, proposed by the Democrats, in process to “clarify” that law by adding an intent to harm, the Republicans (yes the Republicans) have been holding the bill in committee to try an kill it, or to use it as a political pawn for something else they want.

        • Marty December 19, 2015, 11:19 pm

          Even sling shots are illegal in this stupid state ! Correction, the state’s not stupid, just the people running it .

      • Al June 23, 2015, 10:15 pm

        Pursuant to HR218 you have nationwide right to carry if you are an active duty LEO – OR; if you were, and then retired with at least 10 years of service. You then must qualify yearly to maintain proficiency and retain the HR218 credentials which are furnished by your department upon retiring without any disqualifying conditions, criminal convictions or disciplinary issues. Check with your department firearms unit or training officer.

        • brad lane June 13, 2016, 2:05 pm

          New York does not recognize HR 218 or any other law passed by anyone other than themselves. In most instances they don’t even pay attention to their own laws instead making them up as they go. i was a resident(3 yr) by force after a pos cop decided to desecrate my life with a simple intrusion on my hr218 rights. Trust me when i say there is nothing in NY that anyone should ever want to go there for .Period

      • MARTY December 19, 2015, 11:23 pm

        Did they tell you not to bring a sling shot ? LOL

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