[Adopted 7-18-1983 by L.L. No. 2-1983 as Ch. VII, Art. II, Div. 6, of the 1983 Code; amended
in its entirety 9-2-2015 by L.L. No. 6-2015[1]]
[1]
Editor's Note: This local law provided an effective date
of 1-1-2016.
The Common Council hereby finds that the storage, possession
and display of firearms and the storage, possession, display and sale
of ammunition in the City of Albany require the regulation thereof
in the public interest, convenience and necessity. In addition, the
presence of an unsecured, easily accessible loaded firearm in the
home increases the likelihood of death or injury from accidents or
impulsive acts. Guns left unattended in the home should be kept locked
or stored securely to prevent access by children and others who should
not have access to them. Gun owners are responsible for keeping their
firearms from falling into the hands of children and other unauthorized
individuals.
Unless otherwise expressly stated, whenever used in this article,
the following words shall have the meanings given to them by this
section. When used herein:
Any projectile commonly known as a "bullet" or "shell."
Any weapon from which a shot is discharged by force of an
explosive, or a weapon which acts by force of gunpowder, and shall
include any weapon capable of being loaded with powder, ball or ammunition,
and shall include any weapon which is otherwise capable of being loaded
with powder, ball or ammunition, whether completed, assembled or from
which any part or piece has been removed therefrom.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A safe or other secure container which, when locked, is incapable
of being opened without the key, combination or other unlocking mechanism
and is capable of preventing an unauthorized person from obtaining
access to and possession of the firearm contained therein.
A.Â
Firearms and ammunition for sale shall be kept secured at all times
when the place in which they are held for sale is not open for business.
The manner in which the firearms and ammunition are to be secured
must be approved by both the Chief of Police and the Chief of the
Fire Department upon receipt of appropriate application for such approval.
Such approval shall in no case be unreasonably withheld.
B.Â
No person who owns or is custodian of a firearm shall store or otherwise
leave such firearm out of his or her immediate possession or control
without having first securely locked such firearm in an appropriate
safe storage depository, which when locked is incapable of being opened
without the key, combination or other unlocking mechanism and is capable
of preventing an unauthorized person from obtaining access to and
possession of the firearm contained therein, or rendered it incapable
of being fired by use of a gun locking device appropriate to that
firearm.
A.Â
Ammunition shall only be sold to persons possessing a valid firearms
license, when a license is required for the type of firearm for which
the ammunition is used. When purchasing any other type of ammunition,
where a firearms license would not be required for the type of ammunition
being purchased, a driver's license shall be required. A record
shall be kept by the dealer of each sale of ammunition which shall
show the type, caliber and quantity of ammunition sold, the name and
address of the person receiving the same, the caliber, make, model,
manufacturer's name and serial number of the firearm for which
the purchaser is purchasing ammunition, the date and time of the transaction,
and the identifying number of the firearms or driver's license.
Such record shall be maintained for 10 years and shall be made available
to state and local enforcement agencies upon request.
B.Â
Every person engaged in the retail business of selling firearms shall
post a notice in the place where such firearms are displayed or delivered
to the purchaser conspicuously stating, in no smaller than 24 point
type and on no smaller than 8Â 1/2 x 11 paper, stating in bold
print the following warning:
WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN THE CITY
OF ALBANY. FIREARMS MUST BE STORED IN A SAFE OR OTHER SECURE CONTAINER
WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY,
COMBINATION OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF PREVENTING
AN UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND POSSESSION OF
THE FIREARM CONTAINED THEREIN, OR IS RENDERED INCAPABLE OF BEING FIRED
BY USE OF A GUN LOCKING 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 CRIMINAL
PENALTIES IF THE FIREARM IS USED BY ANOTHER NEGLIGENTLY AND CIVIL
LIABILITY.
Any theft or loss of ammunition or firearms from a storage vault,
safe storage depository, or otherwise shall be reported immediately
to the Police Department of the City of Albany.
In the event of disaster, riots, catastrophe, insurrection,
war or acts of war and at which time the Mayor of the City of Albany
or the Acting Mayor shall declare a state of emergency, then and in
that event the Mayor or Acting Mayor may order such additional security
measures as he may deem advisable.
Any person who shall violate or shall neglect or refuse to comply
with this article or any provisions thereof, upon a first offense,
shall be guilty of a violation and, upon conviction thereof, shall
be punishable by a fine not exceeding $250 or by imprisonment not
exceeding 15 days. Upon a second offense or when a first offense results
in injury or death, the offender shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punishable by a fine not exceeding
$1,000 or by imprisonment not exceeding one year, or by both such
fine and imprisonment, and each day of violation shall constitute
a separate offense and be subject to punishment as such.
