Safe Firearm Storage Act - Draft

8/19/2019 Safe Firearm Storage Act - Draft

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ERNEST S. FLAGLER-MITCHELL

LEGISLATOR - DISTRICT 29

ERNEST S. FLAGLER-l\1ITCHELL

LEGISLATOR - DISTRICT 29

354 RANDOLPH STREET

ROCHESTER.NEVv YORK

14609

OFFICE: 585) 753-1940

F X

585) 753-1946

E-J\· IL:

ernestflagl

ermitche ~ ~ g n l i I.conl

To The Honorable

Monroe County Legislature

39 West Main Street

Rochester, NY 14614

FT

March

7 2 15

RE: The Safe

Firearm

Storage Act

Honorable Legislators:

The Centers for Disease Control l1ave some

of

the most.complete and comprehensive

data on causes

of

death in the United States available.

the m os t recent year for whic h full

national data is available, 2013, 33,169 individuals were killed by a firearm. About one third of

those deaths - 11,208 - were homicides. An additional 21,175 lives were lost

to

those who

committed suicide with a gun.

Monroe County experienced a violent summer ill 2015. This year s shooting victims join

the 947 individuals shot and 124 individuals killed in the City of Rochester alone between 2010

and 2014, with 2 01 5 s final numbers on tr ack to add significantly to t hat awful tally. Horrific

incidents this year include the shooting of seven young people leaving a charity basketball game

out si de the Boys and Girls Club, causing three of t hei r deaths, and the shooting of

six

people,

leading to two

deaths,

ata house patty. One

of

those killed at that party was Herbert Thomas,

the cousin·of Legislator Ernest-Flagler Mitchell. The Legislator and his extended

family

are still

dealing with this terrible family tragedy and the lasting impact it has had on those who knew and

loved Herbert.

In the time period of 2004-2010, the latest years for which CDC data is available, an

additional 148 people committed suicide with a gun in Monroe County. If Monroe County is



matching national trends, those numbers will likely have either held steady or slightly increased

in the years since.

Both homicides and suicides could potentially be significantly curtailed by focusing on

one aspect of the gun violence problem that we believe has been infrequently addressed, and that

is the requirement that gun owners securely store their weapons.

In a press conference last fall, the Mayor and Police-Chief of the City of Rochester shared

the startling statistic that 60 percent of gun crimes committed in.the city in 2015 were executed

with firearms. stolen from legal gun owners. We believe this statistic shows that there is not

enough being done to ensure that legal weapons don t end up in the hands of dangerous, violent

criminals.

Meanwhile, national experts on suicide believe that adding even small steps that increase

the delay between suicidal thoughts and attempts can result in remarkable decreases in the

suicide rate. Research by the mental health community has determined that an overwhelming

number of suicides are spur-of-the-moment decisions, and that over 90 percent of all those who

attempt to commit suicide never die from suicide. Unfortunately, those numbers are much

different for firearm suicides, which result in a death rate of closer to 85 percent. Other common

methods of attempting suicide, such as overdosing on pills, have been determined to(be fatal

closer to 1 percent of the time.

Liza Gold, a professor of clinical psychiatry at Georgetown University s school of

medicine and editor of Gun Violence and Mental illness, has said that steps as simple as

keeping firearms unloaded and securely locking up them, and. storing their ammunition

separately, can result in as much as a 30 percent cumulative decrease in the suicide rate in

affected homes. Other research has indicated that in suicides of those aged 10 to 19, of which

there were 876 nationally in 2013, up to 82 percent were committed with a gun taken from a

family member, typically a parent.

We have leash laws for dog owners and storage and handling requirements for industries

that work with hazardous materials. We merely propose extending similar requirements to

firearms.

Monroe County should join a growing list of governments, including the State of

Massachusetts, the Cities of Rochester, New York, and Albany, and Westchester County, in

requiring gun owners to keep their weapons locked up when they are not in their immediate

possession or control. Crucially, this legislation designates specific, third-party standards that

storage containers or locking devi es must meet, relying on nationally-recognized minimal

security standards established by Underwriters Laboratories for storage cabinets and statewide

standards for firearm locking- devices set by the New York State Police.



We have a responsibility to do everything in our power to staunch the flow ofpowerful

weapons into our community that are destroying lives and give those struggling with depression

a fighting chance to access mental health resources and overcome urges to end their own lives,

and we urge you to join with us and pass a sensible safe storage solution - a type of law that has

been upheld by the United States Supreme Court as not conflicting with the Second Amendment

to the United States Constitution.

he specific legislative actions required are

1. Schedule and hold a public hearing on these proposed amendments to local law.

2. To amend the General Local Laws of Monroe County, as attached.

No additional net County support is required in the current Monroe County budget.

We recommend that this matter be referred to the appropriate committee s for favorable

action by this Honorable Body.

Respectfully Submitted,

> ~

Ernest Flagler-Mitchell

Assistant Minority Leader



By Legislator Flagler-Mitchell

Intro

No.

LOCAL

LAW

NO.

OF

2016

A

LOCAL

LAW

ENTITLED

THE

SAFE

FIREARM

STORAGE

ACT

BE IT ENACTED BY

THE LEGISLATURE OF THE

COUNTY OF MONROE as follows:

Section 1. Article II is added to

Part

IV, General Local Laws

of

Monroe

County Chapter

373, Weapons, to read as follows:

Article II: Safe Firearm Storage Law

§

Tide.

This article shall be known as the Safe Firearm Storage Law.

§

373-5: Findings and legislative intent.

The

Legislature fmds that:

A.

Gun

violence is a critical issue affecting Monroe County. Between 2010

and

2014,

947 shooting victims and 124 individuals killed by gun violence have been tracked by the

City

of

Rochester Police

Department

alone.

B.

The

Rochester Police

Department

has stated that in 2015, 60 percent

of

gun crimes

were committed using weapons

that

were stolen from legal gun owners.

C. Additionally, in the time period

of

2004-2010, Centers for Disease Control data

shows that an additional 148 individuals used a fttearm to commit suicide in Monroe

County.

D. Particularly among young people, suicide is a leading cause

of

death. In individuals

under

age 35 in NewYork State, it is the third

most

common cause, behind only accidents

and homicides. Between 2010

and

2014, 93 teenage New Yorkers used a fttearm to end

their lives.

D. The most important duty

of

the Monroe County Legislature is to protect the lives

and health

of

the citizens

of

Monroe County. Making it more difficult for violent criminals

to get access to fttearms should be a priority

of

this body.

E. Mental health research indicates

that

many suicides take place on the spur

of

the

moment, and even small delays can lead to individuals overcoming this tragic impulse. This

is particularly important

when

suicide attempts with a fttearm are fatal 85 percent

of

the

time.



F.

Those

who

own

weapons bear a responsibility to take reasonable precautions against

those weapons being misused by others to

commit

violent crimes, or being used by those

suffering from depression or

other

mental illness for ending their

own

lives.

G. The Legislature therefore fmds that requiring the secure storage of f1tearms by their

owners is an

important

step in confronting

gun

deaths in Monroe County.

§ 373-6: Purpose.

The purpose

of

this article is to establish a law requiring the safe storage of f1tearms in Monroe

County, helping to prevent their theft

and

use in violent crimes or in the commission of suicides.

§

373-7: Definitions.

Firearm means any device designed, made, or adapted to expel a projectile through a barrel by

using the energy generated by an explosion or burning substance or any device readily convertible to

that use.

Safe storage depository means a safe or

other

secure container which, when locked, is incapable

of being

opened

without a key, combination, or

other

unlocking mechanism, and is capable of

preventing an unauthorized person from obtaining access to

and

possession of the weapon

contained therein, meets the Underwriters Laboratories Standard 687· BurglaryResistant-Safes)

atClass

TL-15 or higher.

Gun locking device means an integrated design feature or an attachable accessory

that

is resistant

to tampering

and

is effective in preventing the discharge

of

a rifle, shotgun or f1tearm by a person

who does no t have access to the key, combination

or

other mechanism used to disengage the device,

and

that

meets the standards set by the Division

of

State Police in Title 9, Subtitle IZ,

Part

471

Minimum Standards for

Gun

Locking Devices) of the Codes, Rules

and

Regulations of the State of

New York NY-eRR .

§ 373-8: Storage requirements.

No

personwho

owns or is custodian of a f1tearm shall store or otherwise leave such f1tearm

out

of

his or

her

immediate possession or controlwithout having f1tst securely locked such f1tearm in an

appropriate safe storage depository, which,

when

locked, is incapable of being

opened

without a key,

combination or

other

mechanism, preventing an unauthorized person from obtaining access to

and

possession of the f1tearm contained therein, or rendered it incapable of being f1ted by use of a gun

locking device appropriate to that f1tearm.

§ 373-9: Required notice.

Every

person

engaged in the retail business

of

selling f1tearms shall

post

a notice in

the

place where

such f1tearms are displayed or delivered to· the purchaser conspicuously stating, in·no smaller

than

24

point

type and on no smaller than 8 1 2 x 11

paper

stating in

bold

print the following warning:



WARNING:

RESPONSIBLE FIREARM

STORAGE

IS

THE

LAW IN

MONROE

COUNTY.

FIREARMS MUST BE

STORED INA

SAFE

OR

OTHER SECURE CONTAINER

WHICH

WHEN LOClZED IS INCAPABLE OF

BEING OPENED WITHOUT

A lZEY

COMBINATION OR

OTHER

MECHANISM PREVENTING AN UNAUTHORIZED

PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF T HE FIREARM

CONTAINED THEREIN

OR

RENDERED

INCAPABLE

OF BEING

FIRED

BYUSE

OF

A

GUN

LOCI<ING

DEVICE APPROPRIATE

TO THAT FIREARM.

LEAVING

FIREARMS

ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO

IMPRISONMENT FINE OR

BOTH YOU

MAY ALSO

FACE

ADDITIONAL PENALTIES

IF

AN

IMPROPERLY

STORED

FIREARM IS USED BY

ANOTHER

IN THE COMMISSION

OF A CRIME.

§ 373-10: Report of theft or loss.

Any theft or loss of ammunition or flrearms from a storage vault safe storage depository or

otherwise shall be reported immediately to a law enforcement agency.

§

373: : Penalties

fo r

offenses.

Any personwho shall violate or shall neglect or refuse to comply with this article or any provisions

thereof

upon a flrst offense shall be guilty

of

a violation and upon conviction thereof shall be

punishable by a fine not exceeding 1 000 or by imprisonment

not

exceeding 15 days.

Upon a second offense or when a flrearm stored improperly in violation of this article contributes

to injury or death of another the offender shall be guilty of a misdemeanor and upon conviction

thereof shall be punishable by a fine

not

exceeding 5 000 or by imprisonment not exceeding one

year or by both such fine and imprisonment.

§ 373-12: Severability.

If any clause sentence paragraph section or article of this article shall be adjudged by any court of

competent jurisdiction to be invalid such determination shall

not

affect impair or invalidate

the

remainder thereof but shall be confined in its operation to the clause sentence paragraph section

or article thereof directly involved in the proceeding in which such adjudication shall have been

rendered.

§ 373-13: Reverse Preemption.

This local law shall be null and void on the day that statewide or federal legislation goes into effect

incorporating either the same or substantially similar provisions as are contained in this law or in the

event that a pertinent state or federal administrative agency issues and promulgates regulations

preempting such action by Monroe County. The County Legislature may determine by resolution

whether or not identical or substantially similar statewide or federal legislation or pertinent

preempting state or federal regulations have been enacted for the purposes of triggering the

provisions of this section.



Documents

Safe Firearm Storage Act - Draft