[HISTORY: Adopted by the Town Board of the Town of Philipstown 4-5-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
The Town Board hereby finds that, when a firearm is stored in a residence and the owner or custodian of the firearm is not present in the residence, the firearm should be kept locked or stored securely in order to prevent theft and/or access by children who should not have access to firearms. The purpose of this chapter is to require that the owners and custodians of firearms in the Town of Philipstown take appropriate steps to securely store their firearms when they are not in the residence and they know or have reason to know that children are or may be present in the residence.
As used in this chapter, the following terms shall have the meanings indicated:
- ANTIQUE FIREARM
- Any unloaded muzzle-loading handgun, rifle or shotgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, or an unloaded rifle or shotgun which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.
- A person, other than the owner of a particular firearm, who is in lawful possession of that firearm.
- Any "firearm," "rifle," "shotgun" or "machine gun" as those terms are defined in New York State Penal Law § 265.00. As used in this chapter, "firearm" shall not mean any:
- LAWFUL CUSTODIAN
- Any natural person who may legally possess and control the firearm at issue.
- LOCKED CONTAINER
- A secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device.
- ORDINARY AIR GUN
- A firearm which uses compressed air to shoot projectiles at a medium or low velocity such as would not be lethal to large game.
- The lawful owner of a handgun or firearm.
- To have physical possession or otherwise to exercise dominion or control over.
- PRESENT IN THE RESIDENCE
- Physical presence within the residence, including any outdoor structures physically connected to the residence, such as porches or decks.
- Any structure intended or used for human habitation.
- STARTER GUN or BLANK GUN
- Any gun on which the barrel has been constructed or modified so that no projectile can pass through it and/or which has been configured so it cannot accept any standard ammunition except blank cartridges.
No owner or custodian of a firearm shall leave such firearm out of his or her possession or control in a residence when he or she knows or has reason to know that a person under 18 years of age is present in the residence unless either:
Such owner or custodian is present in the residence; or
Such owner or custodian physically delivers the firearm to a lawful custodian; or
Such owner or custodian places the firearm in a locked container; or
Such owner or custodian disables the firearm with a safety locking device appropriate to the firearm.
In order to encourage reports to law enforcement agencies of lost or stolen handguns pursuant to New York State Penal Law § 400.10, a person who files a report with a law enforcement agency notifying the agency that a handgun has been lost or stolen shall not be subject to prosecution for violation of this chapter.
Every violation of this chapter shall constitute a misdemeanor and, upon conviction, may be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed one year, or by both.