[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-29-2003 by L.L. No. 1-2003]
A.
It is the intention of this article to address break-ins at local
gun shop establishments whereby handguns were stolen by thieves smashing
glass windows and doors, entering the establishment through the broken
glass and quickly removing numerous guns, a criminal act commonly
referred to as "smash and grab."
B.
This Legislature finds that it is imperative to public safety in
Albany County that precautions be taken to keep legal guns in the
possession of lawful owners and that steps are necessary to prevent
criminals from gaining access to handguns.
C.
This Legislature further finds that it would be in the best interests
of all Albany County residents to require business establishments
that sell handguns to lock the guns in a safe and/or to install shatterproof
glass or to treat the current glass to make it shatterproof on all
gun display cases and business establishment exterior doorways and
windows, thereby preventing thieves from gaining immediate access
to the guns.
D.
Therefore, pursuant to the County's exercise of its inherent power
to protect the public health, safety and general welfare of its citizens,
the purpose of this article is to require business establishments
that sell handguns to take reasonable measures to ensure that guns
are not accessible by simply breaking through glass display cases,
doors or windows.
All business establishments located in Albany County that sell
handguns shall prevent criminals from gaining access to the guns by
locking handguns in a safe when the business is closed and/or by installing
shatterproof glass or to treat the current glass to make it shatterproof
on all gun display cases and business establishment exterior doorways
and windows whereby the glass is not easily broken allowing thieves
to gain immediate access to the guns.
Any person who knowingly and willfully violates § 161-2 of this article shall be guilty of a violation, punishable by a fine of up to $250. Any person who knowingly and willfully violates § 161-2, after having previously been convicted of such offense, shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $1,000 or 15 days in jail.
The Albany County Sheriff's Department is hereby authorized
to promulgate such rules and regulations as necessary to ensure compliance
with this article.
The prohibition contained in § 161-2 of this article shall not apply in those instances in which the business establishment that sell handguns can demonstrate to the satisfaction of the Albany County Sheriff or his/her designee that sufficient measures have been taken to ensure that immediate access to handguns is not possible in the event that the glass display case(s), door(s) or window(s) is broken.
This article shall take effect 180 days following the adoption
of this article.
[Adopted 12-4-2015 by L.L. No. 9-2015]
This Legislature hereby finds that "gun grip" cases for cell
phones are manufactured and designed with a grip and trigger guard
that are intended to resemble those of a real handgun.
The Legislature also finds that while the gun grip case may
serve the purpose of protecting and storing a person's cell phone,
the primary function of the gun grip case is to create the appearance
of an actual firearm, with enough lifelike detail as to be indistinguishable
from a genuine handgun unless inspecting it at a very close proximity.
The Legislature finds that these cases lack any form of easily
identifiable markings or indicators to show at a glance that these
gun grip cases are not actual firearms, such as the orange tips that
are required under federal law for the sale of toy or replica firearms
or similar products.
The Legislature also finds that federal officials and police
officers have echoed the concerns stated herein, regarding the possibility
of tragic outcomes in relation to these gun grip cell phone cases,
due to the strong resemblance to actual firearms unless inspected
at very close distances.
The Legislature further finds that, in the interest of safety
of the people of Albany County, steps should be taken to ensure the
protection of the public from the potential hazards associated with
these gun grip cases.
Therefore, the purpose of this article is to ban the sale of
gun grip cell phone cases in Albany County.
As used in this article, the following terms shall have the
meanings indicated:
Any protective casing for a cell phone that has an attached
replica firearm grip, and appears to resemble an actual gun, either
while the phone is in use or otherwise in the possession of the user.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business of any kind.
No person shall sell or offer for sale a gun grip cell phone
cases within the County of Albany.
Any person who intentionally violates the provisions of § 161-9 of this article shall be guilty of an unclassified misdemeanor, punishable by a fine of $500 for the first violation and up to $1,000 for each subsequent violation of the law. Each violation shall constitute a separate and distinct offense.
This article 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 article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. The County Legislature may determine via mere resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions in
this section.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect 60 days after its filing in the
Office of the Secretary of State.
