STATE OF NEW YORK ________________________________________________________________________ 7133--A IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sens. KAVANAGH, HOYLMAN, ADDABBO, ALCANTARA, AVELLA, BAILEY, BENJAMIN, BRESLIN, HAMILTON, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SANDERS, SAVINO, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, the criminal procedure law and the penal law, in relation to establishing extreme risk protection orders as court-issued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 article 63-A to read as follows: 3 ARTICLE 63-A 4 EXTREME RISK PROTECTION ORDERS 5 Section 6340. Definitions. 6 6341. Application for an extreme risk protection order. 7 6342. Issuance of a temporary extreme risk protection order. 8 6343. Issuance of a final extreme risk protection order. 9 6344. Surrender and removal of firearms, rifles and shotguns 10 pursuant to an extreme risk protection order. 11 6345. Request for renewal of an extreme risk protection order. 12 6346. Expiration of an extreme risk protection order. 13 6347. Effect of findings and determinations in subsequent 14 proceedings. 15 § 6340. Definitions. For the purposes of this article: 16 1. "Extreme risk protection order" means a court-issued order of 17 protection prohibiting a person from purchasing, possessing or attempt- 18 ing to purchase or possess a firearm, rifle or shotgun. 19 2. "Petitioner" means: (a) a police officer, as defined in section 20 1.20 of the criminal procedure law, or district attorney with jurisdic- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13888-03-8S. 7133--A 2 1 tion in the county or city where the person against whom the order is 2 sought resides; or (b) a family or household member, as defined in 3 subdivision two of section four hundred fifty-nine-a of the social 4 services law, of the person against whom the order is sought. 5 3. "Respondent" means the person against whom an extreme risk 6 protection order is or may be sought under this article. 7 4. "Possess" shall have the same meaning as defined in subdivision 8 eight of section 10.00 of the penal law. 9 § 6341. Application for an extreme risk protection order. In accord- 10 ance with this article, a petitioner may file a sworn application, and 11 accompanying supporting documentation, setting forth the facts and 12 circumstances justifying the issuance of an extreme risk protection 13 order. Such application and supporting documentation shall be filed in 14 the supreme court in the county in which the respondent resides. The 15 chief administrator of the courts shall adopt forms that may be used for 16 purposes of such applications and the court's consideration of such 17 applications. Such application form shall include inquiry as to whether 18 the petitioner knows, or has reason to believe, that the respondent 19 owns, possesses or has access to a firearm, rifle or shotgun and if so, 20 a request that the petitioner list or describe such firearms, rifles and 21 shotguns, and the respective locations thereof, with as much specificity 22 as possible. 23 § 6342. Issuance of a temporary extreme risk protection order. 1. 24 Upon application of a petitioner pursuant to this article, the court may 25 issue a temporary extreme risk protection order, ex parte or otherwise, 26 to prohibit the respondent from purchasing, possessing or attempting to 27 purchase or possess a firearm, rifle or shotgun, upon a finding that 28 there is probable cause to believe the respondent is likely to engage in 29 conduct that would result in serious harm to himself, herself or others, 30 as defined in paragraph one or two of subdivision (a) of section 9.39 of 31 the mental hygiene law. Such application for a temporary order shall be 32 determined in writing on the same day the application is filed. 33 2. In determining whether grounds for a temporary extreme risk 34 protection order exist, the court shall consider any relevant factors 35 including, but not limited to, the following acts of the respondent: 36 (a) a threat or act of violence or use of physical force directed 37 toward self, the petitioner, or another person; 38 (b) a violation or alleged violation of an order of protection; 39 (c) any pending charge or conviction for an offense involving the use 40 of a weapon; 41 (d) the reckless use, display or brandishing of a firearm, rifle or 42 shotgun; 43 (e) any history of a violation of an extreme risk protection order; 44 (f) evidence of recent or ongoing abuse of controlled substances or 45 alcohol; or 46 (g) evidence of recent acquisition of a firearm, rifle, shotgun or 47 other deadly weapon or dangerous instrument, or any ammunition therefor. 48 In considering the factors under this subdivision, the court shall 49 consider the time that has elapsed since the occurrence of such act or 50 acts and the age of the person at the time of the occurrence of such act 51 or acts. 52 For the purposes of this subdivision, "recent" means within the six 53 months prior to the date the petition was filed. 54 3. The application of the petitioner and supporting documentation, if 55 any, shall set forth the factual basis for the request and probable 56 cause for issuance of a temporary order. The court may conduct an exam-S. 7133--A 3 1 ination under oath of the petitioner and any witness the petitioner may 2 produce. 3 4. A temporary extreme risk protection order, if warranted, shall 4 issue in writing, and shall include: 5 (a) a statement of the grounds found for the issuance of the order; 6 (b) the date and time the order expires; 7 (c) the address of the court that issued the order; 8 (d) a statement to the respondent: (i) directing that the respondent 9 may not purchase, possess or attempt to purchase or possess a firearm, 10 rifle or shotgun while the order is in effect and that any firearm, 11 rifle or shotgun possessed by such respondent shall be promptly surren- 12 dered to any authorized law enforcement official in the same manner as 13 set forth in subdivision five of section 530.14 of the criminal proce- 14 dure law; 15 (ii) informing the respondent that the court will hold a hearing no 16 sooner than three nor more than six business days after service of the 17 temporary order, to determine whether a final extreme risk protection 18 order will be issued and the date, time and location of such hearing, 19 provided that the respondent shall be entitled to more than six days 20 upon request in order to prepare for the hearing; and (iii) informing 21 the respondent the he or she may seek the advice of an attorney and that 22 an attorney should be consulted promptly; and 23 (e) a form to be completed and executed by the respondent at the time 24 of service of the temporary extreme risk protection order which elicits 25 a list of all firearms, rifles and shotguns possessed by the respondent 26 and the particular location of each firearm, rifle or shotgun listed. 27 5. If the application for a temporary extreme risk protection order is 28 not granted, the court shall notify the petitioner and, unless the 29 application is voluntarily withdrawn by the petitioner, nonetheless 30 schedule a hearing on the application for a final extreme risk 31 protection order. Such hearing shall be scheduled to be held promptly, 32 but in any event no later than ten business days after the date on which 33 such application is served on the respondent, provided, however, that 34 the respondent may request, and the court may grant, additional time to 35 allow the respondent to prepare for the hearing. A notice of such hear- 36 ing shall be prepared by the court and shall include the date and time 37 of the hearing, the address of the court, and the subject of the hear- 38 ing. 39 6. (a) The court shall, in the manner specified in paragraph (b) of 40 this subdivision, arrange for prompt service of a copy of the temporary 41 extreme risk protection order, if any, the application therefor and, if 42 separately applied for or if a temporary extreme risk protection order 43 was not granted, the application for an extreme risk protection order, 44 any notice of hearing prepared by the court, along with any associated 45 papers including the petition and any supporting documentation, 46 provided, that the court may redact the address and contact information 47 of the petitioner from such application and papers where the court finds 48 that disclosure of such address or other contact information would pose 49 an unreasonable risk to the health or safety of the petitioner. 50 (b) The court shall provide copies of such documents to the appropri- 51 ate law enforcement agency serving the jurisdiction of the respondent's 52 residence with a direction that such documents be promptly served, at no 53 cost to the petitioner, on the respondent; provided, however, that the 54 petitioner may voluntarily arrange for service of copies of such order 55 and associated papers through a third party, such as a licensed process 56 server.S. 7133--A 4 1 7. (a) The court shall notify the division of state police, any other 2 law enforcement agency with jurisdiction, all applicable licensing offi- 3 cers, and the division of criminal justice services of the issuance of a 4 temporary extreme risk protection order and provide a copy of such order 5 no later than the next business day after issuing the order to such 6 persons or agencies. The court also shall promptly notify such persons 7 and agencies and provide a copy of any order amending or revoking such 8 protection order or restoring the respondent's ability to own or possess 9 firearms, rifles or shotguns no later than the next business day after 10 issuing the order to restore such right to the respondent. Any notice or 11 report submitted pursuant to this subdivision shall be in an electronic 12 format, in a manner prescribed by the division of criminal justice 13 services. 14 (b) Upon receiving notice of the issuance of a temporary extreme risk 15 protection order, the division of criminal justice services shall imme- 16 diately report the existence of such order to the federal bureau of 17 investigation to allow the bureau to identify persons prohibited from 18 purchasing firearms, rifles or shotguns. The division shall also imme- 19 diately report to the bureau the expiration of any such protection 20 order, any court order amending or revoking such protection order or 21 restoring the respondent's ability to purchase a firearm, rifle or shot- 22 gun. 23 8. A law enforcement officer serving a temporary extreme risk 24 protection order shall request that the respondent immediately surrender 25 to the officer all firearms, rifles and shotguns in the respondent's 26 possession and the officer shall conduct any search permitted by law for 27 such firearms. The law enforcement officer shall take possession of all 28 firearms, rifles and shotguns that are surrendered, that are in plain 29 sight, or that are discovered pursuant to a lawful search. As part of 30 the order, the court may also direct a police officer to search for 31 firearms, rifles and shotguns in the respondent's possession in a manner 32 consistent with the procedures of article six hundred ninety of the 33 criminal procedure law. 34 9. Upon issuance of a temporary extreme risk protection order, or upon 35 setting a hearing for a final extreme risk protection order where a 36 temporary order is denied or not requested, the court shall direct the 37 law enforcement agency having jurisdiction to conduct a background 38 investigation and report to the court and, subject to any appropriate 39 redactions to protect any person, each party regarding whether the 40 respondent: 41 (a) has any prior criminal conviction for an offense involving domes- 42 tic violence, use of a weapon, or other violence; 43 (b) has any criminal charge or violation currently pending against him 44 or her; 45 (c) is currently on parole or probation; 46 (d) possesses any registered firearms, rifles or shotguns; and 47 (e) has been, or is, subject to any order of protection or has 48 violated or allegedly violated any order of protection. 49 § 6343. Issuance of a final extreme risk protection order. 1. In 50 accordance with this article, no sooner than three business days nor 51 later than six business days after service of a temporary extreme risk 52 protection order and, alternatively, no later than ten business days 53 after service of an application under this article where no temporary 54 extreme risk protection order has been issued, the supreme court shall 55 hold a hearing to determine whether to issue a final extreme risk 56 protection order and, when applicable, whether a firearm, rifle or shot-S. 7133--A 5 1 gun surrendered by, or removed from, the respondent should be returned 2 to the respondent. The respondent shall be entitled to more than six 3 business days if a temporary extreme risk protection order has been 4 issued and the respondent requests a reasonable period of additional 5 time to prepare for the hearing. Where no temporary order has been 6 issued, the respondent may request, and the court may grant, additional 7 time beyond the ten days to allow the respondent to prepare for the 8 hearing. 9 2. At the hearing pursuant to subdivision one of this section, the 10 petitioner shall have the burden of proving, by clear and convincing 11 evidence, that the respondent is likely to engage in conduct that would 12 result in serious harm to himself, herself or others, as defined in 13 paragraph one or two of subdivision (a) of section 9.39 of the mental 14 hygiene law. The court may consider the petition and any evidence 15 submitted by the petitioner, any evidence submitted by the respondent, 16 any testimony presented, and the report of the relevant law enforcement 17 agency submitted pursuant to subdivision nine of section sixty-three 18 hundred forty-two of this article. The court shall also consider the 19 factors set forth in subdivision two of section sixty-three hundred 20 forty-two of this article. 21 3. (a) After the hearing pursuant to subdivision one of this section, 22 the court shall issue a written order granting or denying the extreme 23 risk protection order and setting forth the reasons for such determi- 24 nation. If the extreme risk protection order is granted, the court shall 25 direct service of such order in the manner and in accordance with the 26 protections for the petitioner set forth in subdivision six of section 27 sixty-three hundred forty-two of this article. 28 (b) Upon issuance of an extreme risk protection order: (i) any 29 firearm, rifle or shotgun removed pursuant to a temporary extreme risk 30 protection order or such extreme risk protection order shall be retained 31 by the law enforcement agency having jurisdiction for the duration of 32 the order, unless ownership of the firearm, rifle or shotgun is legally 33 transferred by the respondent to another individual permitted by law to 34 own and possess such firearm, rifle or shotgun; (ii) the supreme court 35 shall temporarily suspend any existing firearm license possessed by the 36 respondent and order the respondent temporarily ineligible for such a 37 license; (iii) the respondent shall be prohibited from purchasing or 38 possessing, or attempting to purchase or possess, a firearm, rifle or 39 shotgun; and (iv) the court shall direct the respondent to surrender any 40 firearm, rifle or shotgun in his or her possession in the same manner as 41 set forth in subdivision five of section 530.14 of the criminal proce- 42 dure law. 43 (c) An extreme risk protection order issued in accordance with this 44 section shall extend, as specified by the court, for a period of up to 45 one year from the date of the issuance of such order; provided, however, 46 that if such order was immediately preceded by the issuance of a tempo- 47 rary extreme risk protection order, then the duration of the extreme 48 risk protection order shall be measured from the date of issuance of 49 such temporary extreme risk protection order. 50 (d) A law enforcement officer serving a final extreme risk protection 51 order shall request that the respondent immediately surrender to the 52 officer all firearms, rifles and shotguns in the respondent's possession 53 and the officer shall conduct any search permitted by law for such 54 firearms. The law enforcement officer shall take possession of all 55 firearms, rifles and shotguns that are surrendered, that are in plain 56 sight, or that are discovered pursuant to a lawful search. As part ofS. 7133--A 6 1 the order, the court may also direct a police officer to search for 2 firearms, rifles and shotguns in a respondent's possession consistent 3 with the procedures of article six hundred ninety of the criminal proce- 4 dure law. 5 4. (a) The court shall notify the division of state police, any other 6 law enforcement agency with jurisdiction, all applicable licensing offi- 7 cers, and the division of criminal justice services of the issuance of a 8 final extreme risk protection order and provide a copy of such order to 9 such persons and agencies no later than the next business day after 10 issuing the order. The court also shall promptly notify such persons and 11 agencies and provide a copy of any order amending or revoking such 12 protection order or restoring the respondent's ability to own or possess 13 firearms, rifles or shotguns no later than the next business day after 14 issuing the order to restore such right to the respondent. Any notice or 15 report submitted pursuant to this subdivision shall be in an electronic 16 format, in a manner prescribed by the division of criminal justice 17 services. 18 (b) Upon receiving notice of the issuance of a final extreme risk 19 protection order, the division of criminal justice services shall imme- 20 diately report the existence of such order to the federal bureau of 21 investigation to allow the bureau to identify persons prohibited from 22 purchasing firearms, rifles or shotguns. The division shall also imme- 23 diately report to the bureau the expiration of such protection order and 24 any court order amending or revoking such protection order or restoring 25 the respondent's ability to purchase a firearm, rifle or shotgun. 26 5. (a) If, in accordance with a temporary extreme risk protection 27 order, a firearm, rifle or shotgun has been surrendered by or removed 28 from the respondent, and the supreme court subsequently finds that the 29 petitioner has not met the required standard of proof, the court's find- 30 ing shall include a written order, issued to all parties, directing that 31 any firearm, rifle or shotgun surrendered or removed pursuant to such 32 temporary order shall be returned to the respondent, upon a written 33 finding that there is no legal impediment to the respondent's possession 34 of such firearm, rifle or shotgun. 35 (b) If any other person demonstrates that he or she is the lawful 36 owner of any firearm, rifle or shotgun surrendered or removed pursuant 37 to a protection order issued in accordance with this article, and 38 provided that the court has made a written finding that there is no 39 legal impediment to the person's possession of a surrendered or removed 40 firearm, rifle or shotgun, the court shall direct that such firearm, 41 rifle or shotgun be returned to such lawful owner and inform such person 42 of the obligation to safely store such firearm, rifle, or shotgun in 43 accordance with section 265.45 of the penal law. 44 6. The respondent shall be notified on the record and in writing by 45 the court that he or she may submit one written request, at any time 46 during the effective period of an extreme risk protection order, for a 47 hearing setting aside any portion of such order. The request shall be 48 submitted in substantially the same form and manner as prescribed by the 49 chief administrator of the courts. Upon such request, the court shall 50 promptly hold a hearing, in accordance with this article, after provid- 51 ing reasonable notice to the petitioner. The respondent shall bear the 52 burden to prove, by clear and convincing evidence, any change of circum- 53 stances that may justify a change to the order. 54 § 6344. Surrender and removal of firearms, rifles and shotguns pursu- 55 ant to an extreme risk protection order. 1. When a law enforcement offi- 56 cer takes any firearm, rifle or shotgun pursuant to a temporary extremeS. 7133--A 7 1 risk protection order or a final extreme risk protection order, the 2 officer shall give to the person from whom such firearm, rifle or shot- 3 gun is taken a receipt or voucher for the property taken, describing the 4 property in detail. In the absence of a person, the officer shall leave 5 the receipt or voucher in the place where the property was found, mail a 6 copy of the receipt or voucher, retaining proof of mailing, to the last 7 known address of the respondent and, if different, the owner of the 8 firearm, rifle or shotgun, and file a copy of such receipt or voucher 9 with the court. All firearms, rifles and shotguns in the possession of a 10 law enforcement official pursuant to this article shall be subject to 11 the provisions of applicable law, including but not limited to subdivi- 12 sion six of section 400.05 of the penal law; provided, however, that any 13 such firearm, rifle or shotgun shall be retained and not disposed of by 14 the law enforcement agency for at least two years unless legally trans- 15 ferred by the respondent to an individual permitted by law to own and 16 possess such firearm, rifle or shotgun. 17 2. If the location to be searched during the execution of a temporary 18 extreme risk protection order or extreme risk protection order is joint- 19 ly occupied by two or more parties, and a firearm, rifle or shotgun 20 located during the execution of such order is owned by a person other 21 than the respondent, the court shall, upon a written finding that there 22 is no legal impediment to the respondent's possession of such firearm, 23 rifle or shotgun, order the return of such firearm, rifle or shotgun to 24 such lawful owner and inform such person of their obligation to safely 25 store their firearm, rifle, or shotgun in accordance with section 265.45 26 of the penal law. 27 § 6345. Request for renewal of an extreme risk protection order. 1. 28 If a petitioner believes a person subject to an extreme risk protection 29 order continues to be likely to engage in conduct that would result in 30 serious harm to himself, herself, or others, as defined in paragraph one 31 or two of subdivision (a) of section 9.39 of the mental hygiene law, 32 such petitioner may, at any time within sixty days prior to the expira- 33 tion of such existing extreme risk protection order, initiate a request 34 for a renewal of such order, setting forth the facts and circumstances 35 necessitating the request. The chief administrator of the courts shall 36 adopt forms that may be used for purposes of such applications and the 37 court's consideration of such applications. The court may issue a tempo- 38 rary extreme risk protection order in accordance with section sixty- 39 three hundred forty-two of this article, during the period that a 40 request for renewal of an extreme risk protection order is under consid- 41 eration pursuant to this section. 42 2. A hearing held pursuant to this section shall be conducted in the 43 supreme court, in accordance with section sixty-three hundred forty- 44 three of this article, to determine if a request for renewal of the 45 order shall be granted. The respondent shall be served with written 46 notice of an application for renewal a reasonable time before the hear- 47 ing, and shall be afforded an opportunity to fully participate in the 48 hearing. The court shall direct service of such application and the 49 accompanying papers in the manner and in accordance with the protections 50 for the petitioner set forth in subdivision six of section sixty-three 51 hundred forty-two of this article. 52 § 6346. Expiration of an extreme risk protection order. 1. A 53 protection order issued pursuant to this article, and all records of any 54 proceedings conducted pursuant to this article, shall be sealed upon 55 expiration of such order and the clerk of the court wherein such 56 proceedings were conducted shall immediately notify the commissioner ofS. 7133--A 8 1 the division of criminal justice services, the heads of all appropriate 2 police departments, applicable licensing officers, and all other appro- 3 priate law enforcement agencies that the order has expired and that the 4 record of such protection order shall be sealed and not be made avail- 5 able to any person or public or private entity, except that such records 6 shall be made available to: 7 (a) the respondent or the respondent's designated agent; 8 (b) courts in the unified court system; 9 (c) police forces and departments having responsibility for enforce- 10 ment of the general criminal laws of the state; 11 (d) any state or local officer or agency with responsibility for the 12 issuance of licenses to possess a firearm, rifle or shotgun, when the 13 respondent has made application for such a license; and 14 (e) any prospective employer of a police officer or peace officer as 15 those terms are defined in subdivisions thirty-three and thirty-four of 16 section 1.20 of the criminal procedure law, in relation to an applica- 17 tion for employment as a police officer or peace officer; provided, 18 however, that every person who is an applicant for the position of 19 police officer or peace officer shall be furnished with a copy of all 20 records obtained under this subparagraph and afforded an opportunity to 21 make an explanation thereto. 22 2. Upon expiration of a protection order issued pursuant to this arti- 23 cle and upon written application of the respondent who is the subject of 24 such order, with notice and opportunity to be heard to the petitioner 25 and every licensing officer responsible for issuance of a firearm 26 license to the subject of the order pursuant to article four hundred of 27 the penal law, and upon a written finding that there is no legal imped- 28 iment to the respondent's possession of a surrendered firearm, rifle or 29 shotgun, the court shall order the return of a firearm, rifle or shotgun 30 not otherwise disposed of in accordance with subdivision one of section 31 sixty-three hundred forty-four of this article. When issuing such order 32 in connection with any firearm subject to a license requirement under 33 article four hundred of the penal law, if the licensing officer informs 34 the court that he or she will seek to revoke the license, the order 35 shall be stayed by the court until the conclusion of any license revoca- 36 tion proceeding. 37 § 6347. Effect of findings and determinations in subsequent 38 proceedings. Notwithstanding any contrary claim based on common law or 39 a provision of any other law, no finding or determination made pursuant 40 to this article shall be interpreted as binding, or having collateral 41 estoppel or similar effect, in any other action or proceeding, or with 42 respect to any other determination or finding, in any court, forum or 43 administrative proceeding. 44 § 2. Paragraph (b) of subdivision 5 of section 530.14 of the criminal 45 procedure law, as added by chapter 644 of the laws of 1996, is amended 46 to read as follows: 47 (b) The prompt surrender of one or more firearms pursuant to a court 48 order issued pursuant to this section shall be considered a voluntary 49 surrender for purposes of subparagraph (f) of paragraph one of subdivi- 50 sion a of section 265.20 of the penal law. The disposition of any such 51 firearms shall be in accordance with the provisions of subdivision six 52 of section 400.05 of the penal law; provided, however, that upon termi- 53 nation of any suspension order issued pursuant to this section or 54 section eight hundred forty-two-a of the family court act, upon written 55 application of the subject of the order, with notice and opportunity to 56 be heard to the district attorney, the county attorney, the protectedS. 7133--A 9 1 party, and every licensing officer responsible for issuance of a 2 firearms license to the subject of the order pursuant to article four 3 hundred of the penal law, and upon a written finding that there is no 4 legal impediment to the subject's possession of a surrendered firearm, 5 rifle or shotgun, any court of record exercising criminal jurisdiction 6 may order the return of a firearm, rifle or shotgun not otherwise 7 disposed of in accordance with subdivision six of section 400.05 of the 8 penal law. When issuing such order in connection with any firearm 9 subject to a license requirement under article four hundred of the penal 10 law, if the licensing officer informs the court that he or she will seek 11 to revoke the license, the order shall be stayed by the court until the 12 conclusion of any license revocation proceeding. 13 § 3. Section 265.45 of the penal law, as amended by section 3 of part 14 FF of chapter 57 of the laws of 2013, is amended to read as follows: 15 § 265.45 Safe storage of rifles, shotguns, and firearms. 16 No person who owns or is custodian of a rifle, shotgun or firearm who 17 resides with an individual who such person knows or has reason to know 18 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) 19 (1), (4), (8) or (9), or pursuant to a temporary or final extreme risk 20 protection order issued under article sixty-three-A of the civil prac- 21 tice law and rules, shall store or otherwise leave such rifle, shotgun 22 or firearm out of his or her immediate possession or control without 23 having first securely locked such rifle, shotgun or firearm in an appro- 24 priate safe storage depository or rendered it incapable of being fired 25 by use of a gun locking device appropriate to that weapon. For purposes 26 of this section "safe storage depository" shall mean a safe or other 27 secure container which, when locked, is incapable of being opened with- 28 out the key, combination or other unlocking mechanism and is capable of 29 preventing an unauthorized person from obtaining access to and 30 possession of the weapon contained therein. With respect to a person who 31 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), 32 for purposes of this section, this section applies only if such person 33 has been convicted of a crime included in subdivision one of section 34 370.15 of the criminal procedure law and such gun is possessed within 35 five years from the later of the date of conviction or completion of 36 sentence. Nothing in this section shall be deemed to affect, impair or 37 supersede any special or local act relating to the safe storage of 38 rifles, shotguns or firearms which impose additional requirements on the 39 owner or custodian of such weapons. 40 A violation of this section shall constitute a class A misdemeanor. 41 § 4. This act shall take effect on the two hundred tenth day after it 42 shall have become a law.