[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:
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:
Any natural person who may legally possess and control the
firearm at issue.
A secure container which is fully enclosed and locked by
a padlock, key lock, combination lock or similar locking device.
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.
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.
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:
A.
Such owner or custodian is present in the residence; or
B.
Such owner or custodian physically delivers the firearm to a lawful
custodian; or
C.
Such owner or custodian places the firearm in a locked container;
or
D.
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.
