The legislation is currently on New York Gov. Andrew Cuomo’s desk (Right. Photo: Gov. Andrew Cuomo Facebook)
In the race between New York and California for the honor of the nation’s most anti-gun legislature, the Empire State may be taking the lead.
On the heels of several sweeping anti-gun measures, the New York State Senate and Assembly passed a bill this week that would require gun owners to lock their firearms separately from ammunition whenever a child under the age of 16 is present in the home. The bill, A02686, is headed to Gov. Andrew Cuomo’s desk where his signature is all but guaranteed.
Supporters of the bill claim that the policy is intended to stem the apparent tide of accidental deaths and injuries minors commit with firearms.
“All this bill does is try to protect children from accidentally getting ahold of a loaded weapon and using it, unintentionally, on themselves, their siblings, their own parents,” Sen. Liz Krueger said from the Senate floor. “That’s what this bill is about. It doesn’t take a gun away from anyone.”
As we’ve reported, however, the ubiquity of this problem is frequently exaggerated by those pushing for policies that keep gun owners in check.
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Opponents of the bill argue that the safe storage requirement will hamstring those hoping to use a firearm to defend their home.
“The Second Amendment is about self-defense of your person and property,” Sen. Robert Ortt said on the Senate floor. “And this bill, I think, quite clearly impedes on somebody’s ability to act in their own self-defense and use a firearm for that purpose.”
The new policy will require anyone who is a “custodian” of a rifle, shotgun, or other kind of firearm to lock it in an “appropriate safe storage depository or render it incapable of being fired by use of a gun locking device appropriate to that weapon” if the gun owner “knows, or has reason to know, that a person less than sixteen years of age is likely to gain access” to the firearm.
For those who might use quick-access safes to maintain a modicum of home-defense, the policy also prohibits firearms from being stored in the same container as ammunition.
SEE ALSO: New York Passes Sweeping Anti-Gun Bills Disarming Teachers, Requiring 30-Day Waiting Period
The only provision for effective home defense with a firearm allowed by the policy would require gun owners to keep a firearm on their person at all times. The law does not require firearms to be secured if the gun is in the owner’s “immediate possession or control.”
Steve Felano, a Second Amendment rights advocate, told local media that the courts may eventually overturn many of New York’s gun laws.
“I think you’re going to see all these things come under pretty heavy scrutiny in the final quarter of 2019 and going into 2020. I would predict that 2020 is going to be a very active year for New York State gun control litigation and overturn,” Felano said. “Really, it’s a feel-good piece of legislation with no real means of enforcement.”
Parents who violate A02686 will be subject to a Class A misdemeanor which carries a fine of up to $1,000, three years probation and/or a year in jail.
Gun owners (non-parents or non-guardians) who have children under 16 visiting their home will face a fine of up to $250 if they are caught violating A02686.
For you idiot politicians here’s a thought. Let’s make any crime committed with a firearm in possession an automatic 50 years in prison. Whether it’s used in commission of a crime or in possession. No ifs, ands or buts.
Does that mean the gun police will be going into every home in the state to check for this stupid law being followed.
Fine, now some of my grandchildren can’t visit. Neither can my great grandchildren.
Hold on mister burgler, I have to unlock my safe to retrieve my gun, then scoot past you to get to my other safe so I can load said gun.
Makes absolute sense, as there are police 5 minutes away.
Hitler would have loved these states and their lame brain bills.
Exactly how do they plan on enforcing this law? Will the police make daily, unannounced visits and without warrants search gun owners’ homes to see if they are in compliance? Or are they going to pretend to follow due process and get warrants first?
More proof that there is something in the NY water that diminishes a persons ability to obtain, keep and use common sense.
Not to sound like a broken record but when legislators and executive branch politicians overstep their constitutional bounds and the courts fail to live up to theirs, I will regretfully but willingly become an outlaw.
Well just hold one a minute while I unsecure my self preservation weapon and ammo as the criminals enter my bedroom while we are sleeping …NY wait for the lawsuit as the PD couldn’t help some defenseless lawful gun owner protect his family ….how do the politicians armed guards secure their weapons or have we all got to be trained armed guards with guard cards to have our weapons available ….idiots drain the swamp of these clowns
It’s amazing how they keep on passing laws that hurt the law biding citizen but it’s okay for politicians to carry guns and have armed security to protect them
This isn’t about guns. This is about control of the masses.
All of these politicians involved in these bills are criminals in the legal definition of the word. They are as corrupt as any person sentenced to prison. They are not concerned about taking guns from criminals because they can’t. They want you disarmed so that you can’t do anything about them taking your rights away from you with no recourse to stop them. England tried the same thing with the colonists for the same reason. To control free people you first have to disarm them and they are so ego driven they actually think the people will not rise up against them. These people must and will, eventually, be removed from office. They prey on your ignorance and sheep mentality! American’s weakness is to only care about the laws that effect you personally and that is a mistake. If you lose one, you can lose them all. The 2nd amendment is the only one that protects and guarantees all the rest. You might want to google the Bill of Rights and read it.
Someone should clue in those jackasses in Albany that this was struck down in the Heller decision at the SCOTUS level already ! The DC hand gun ban was only part of the actual decision !
I think the politicians should make sure there security team follows these new rules or be prosecuted for breaking the law.
We had an attorney murdered in Newton county Mo. Someone, still unknown came to his house and shot him when he answered the door. If the gun in the bedroom had been on his person he might be alive today.
Oh, hi mister home invader. Please wait until I unlock my safe, retrieve my ammo and load up. I have a human under 17 yrs. old in my home I need to protect from you and your raping, murdering, thieving accomplices.
I’m sorry to be a buzzkill here but I’ve got to get this out.
This bill would NOT seem to require storing ammunition separately from guns!!!!!
The section of the bill which states “RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION.”, refers to the required language for a warning notice that must be provided by a licensing officer to a concealed carry permit holder when the license is issued.
I’m not trying to make any statement of support for this bill, but lets just be accurate about what exactly changes with the new legislation. This change requires you to lock your guns away from kids, not just prohibited persons (felons etc.). It doesn’t change the manner of safe storage.
If you’re going to constantly be reporting on gun legislation you should consider having a qualified legal professional interpret the language. You do a disservice to your credibility when you are incorrect as a result of a lack of due diligence.
Sorry, you are wrong. The laws are written by the most corrupt form of person, lawyers, and as such are vague enough and have enough loopholes to protect themselves and those criminals they depend on to make a living for them. The law means WHATEVER THEY SAY IT MEANS when they arrest and/or prosecute. If it is one of them, they are safe. If it is one of us, we lose. The law, like those who write it, prosecute good people and defend the evil ones is a bunch of crap. 72 years ofobserving reality beats any time spent in law school. Criminal-protecting technicalities, media spin and a totally corrupt judiciary and judicial system put good citizens exercising their rights at the mercy ot the dictators that have hijacked the United States…….. WHAT IS THE DIFFERENCE BETWEEN ANDREW CUOMO AND BENITO MUSSILINI? They are both detestible dictators but MUSSILINI MADE THE TRAINS RUN ON TIME.
Scotus has already struck this down with the Heller decision ! AND, as a NY state Licensed pistol owner, JUST BECAUSE A LICENSING AGENCY SAYS SOMETHING IN THEIR “RULE BOOK”, DOES NOT MAKE IT STATE LAW !
Nassau county has a very bad habit of breaking state law all the time. Their statement when confronted with it is “sue us in court, when you win, then we will change it ” !
Why don’t they make a mandatory death sentence for anyone using a firearm in a crime.
Of course that would still not stop a gang banger from carrying and using a gun.
At Some point these traitors are going to have to learn the meaning of the Second Amendment. Them and their little unconstitutional laws they pass have to be dealt with at some point, otherwise they are going to back us all into a corner until we have no choice but to do something.
There are traitors abound in the legislature around our country and within our US House as well. And they’re very communistic and socialistic in View and they do not believe in individual rights which is the foundation of the formation of our country. If these communists are not put in their place they will continue to use the color of law to strip us of our rights to keep and bear arms. At what point do you do something about this?
These legislators are American neo-liberal Wall Street corporatists, because that is where they get their money. The Communist Party of the America could not even fill up a AA college baseball stadium, because it has very few members, and it has no money.
You are hung up on labels. The real Communist Party in the US is the DNC.
So I have to put my ammo on top of my gun safe now? I can’t lock them together????
What’s next NY – keep gasoline separate from cars?
Sounds like bullies in the schoolyard and you know what happens to them.
What part of “infringed” do they not get?
How are they going to enforce this law? How will they “KNOW” if it is violated”
We don\’t need guns….just call that cop from the previous story who was selling guns to outlaw motorcycle gangs. I\’m sure he\’ll show up in time to save you (sarcasm emoji)
So, will the bullitians provide protection for all New Yorkers. Jerks