A01962: Enacts "Francesco's law" which establishes violations for the failure to safely store rifles,…

STATE OF NEW YORK ________________________________________________________________________ 1962--B 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. ANDERSON, SEAWRIGHT, CUNNINGHAM, WEPRIN, CRUZ, DINOWITZ, EPSTEIN, SCHIAVONI, GONZALEZ-ROJAS, LAVINE, ROMERO, O'PHARROW, GLICK, GRIFFIN, BURDICK, ROSENTHAL, LASHER, SIMON, BURROUGHS, BICHOTTE HERMELYN, HEVESI, COLTON, SHIMSKY, ZACCARO, SOLAG- ES, JACKSON, WIEDER, ZINERMAN, TAPIA, TAYLOR, SIMONE, CHANDLER-WATER- MAN, KASSAY, LUNSFORD, DAIS, STECK, SAYEGH, ROZIC, STERN, PAULIN, TORRES, ALVAREZ, RAMOS, GIBBS, P. CARROLL, BENEDETTO -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to enacting "Francesco's law"; to amend the executive law, in relation to annual reports by the New York state office of gun violence prevention; and providing for the repeal of certain provisions of the penal law relating to safely storing rifles, shotguns, and firearms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Francesco's law". 3 § 2. Section 265.45 of the penal law, as amended by chapter 371 of the 4 laws of 2022 and subdivision 2 as amended by section 3 of part F of 5 chapter 55 of the laws of 2023, is amended to read as follows: 6 § 265.45 Failure to safely store rifles, shotguns, and firearms [ in the 7 first degree ]. 8 1. No person who owns or is custodian of a rifle, shotgun or firearm 9 [ who resides with an individual who: (i) is under eighteen years of age; 10 (ii) such person knows or has reason to know is prohibited from possess- 11 ing a rifle, shotgun or firearm pursuant to a temporary or final extreme 12 risk protection order issued under article sixty-three-A of the civil 13 practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or 14 (iii) such person knows or has reason to know is prohibited from 15 possessing a rifle, shotgun or firearm based on a conviction for a felo- 16 ny or a serious offense, ] shall store or otherwise leave such rifle, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05011-04-5 A. 1962--B 2 1 shotgun or firearm out of [ his or her ] such person's immediate 2 possession or control without having first securely locked such rifle, 3 shotgun or firearm in an appropriate safe storage depository or rendered 4 it incapable of being fired by use of a gun locking device appropriate 5 to that weapon. 6 2. No person shall store or otherwise leave a rifle, shotgun, or 7 firearm out of such person's immediate possession or control inside a 8 vehicle without first removing the ammunition from and securely locking 9 such rifle, shotgun, or firearm in an appropriate safe storage deposito- 10 ry out of sight from outside of the vehicle; provided, however, this 11 subdivision shall not apply to a police officer as such term is defined 12 in subdivision thirty-four of section 1.20 of the criminal procedure 13 law, a qualified law enforcement officer authorized to carry concealed 14 firearms pursuant to 18 U.S.C. 926B, or a person in the military service 15 of the United States or the state of New York when such police officer, 16 qualified law enforcement officer, or person in such military service is 17 acting in the course of such person's official duty or employment and 18 otherwise complying with any applicable standards or requirements 19 pertaining to the storage of such rifle, shotgun, or firearm. 20 3. For purposes of this section "safe storage depository" shall mean a 21 safe or other secure container which, when locked, is incapable of being 22 opened without the key, keypad, combination or other unlocking mechanism 23 and is capable of preventing an unauthorized person from obtaining 24 access to and possession of the weapon contained therein and shall be 25 fire, impact, and tamper resistant. Nothing in this section shall be 26 deemed to affect, impair or supersede any special or local act relating 27 to the safe storage of rifles, shotguns or firearms which impose addi- 28 tional requirements on the owner or custodian of such weapons. For the 29 purposes of subdivision two of this section, a glove compartment or 30 glove box shall not be considered an appropriate safe storage deposito- 31 ry. 32 4. It shall not be a violation of this section [ to allow a person less 33 than eighteen years of age access to: (i) a firearm, rifle or shotgun 34 for lawful use as authorized under paragraph seven or seven-e of subdi- 35 vision a of section 265.20 of this article, or (ii) a rifle or shotgun 36 for lawful use as authorized by article eleven of the environmental 37 conservation law when such person less than eighteen years of age is the 38 holder of a hunting license or permit and such rifle or shotgun is used 39 in accordance with such law. ] : 40 (a) if a person obtained the firearm, rifle, or shotgun as a result of 41 unlawful entry by any person; or 42 (b) a person obtains the firearm, rifle, or shotgun in a lawful act of 43 self-defense or defense of another person. 44 Failure to safely store rifles, shotguns, and firearms [ in the first 45 degree ] is a [ class A misdemeanor ] violation . 46 § 3. Section 265.46 of the penal law is REPEALED. 47 § 4. The penal law is amended by adding a new section 265.51 to read 48 as follows: 49 § 265.51 Failure to safely store rifles, shotguns, and firearms when 50 accessible by a minor or prohibited person. 51 1. For the purposes of this section, the following terms shall have 52 the following meanings: 53 (a) "prohibited person" shall mean any person who is prohibited from 54 possessing a rifle, shotgun or firearm under state or federal law; and 55 (b) "minor" shall mean an individual under eighteen years of age. A. 1962--B 3 1 2. A person is guilty of failure to safely store rifles, shotguns, and 2 firearms accessible to a minor or a prohibited person when: 3 (a) such person stores or otherwise leaves any rifle, shotgun or 4 firearm in violation of section 265.45 of this article in any location 5 where the owner or custodian of the rifle, shotgun, or firearm knows or 6 has reason to know that a minor or a prohibited person is likely to gain 7 access to such rifle, shotgun or firearm; and 8 (b) a minor or a prohibited person gains access to such rifle, shotgun 9 or firearm. 10 3. It shall not be a violation of this section: 11 (a) if the minor or prohibited person obtained the firearm, rifle, or 12 shotgun as a result of unlawful entry by any person; or 13 (b) if the minor or prohibited person obtains the firearm, rifle, or 14 shotgun in a lawful act of self-defense or defense of another person. 15 4. It shall not be a violation of this section to allow a person less 16 than eighteen years of age access to: 17 (a) a firearm, rifle or shotgun for lawful use as authorized under 18 paragraph seven or seven-e of subdivision a of section 265.20 of this 19 article; or 20 (b) a rifle or shotgun for lawful use as authorized by article eleven 21 of the environmental conservation law when such person less than eigh- 22 teen years of age is the holder of a hunting license or permit and such 23 rifle or shotgun is used in accordance with such law. 24 Failure to safely store rifles, shotguns, and firearms when accessible 25 by a minor or prohibited person is a class A misdemeanor. 26 § 5. Section 400.00 of the penal law is amended by adding a new subdi- 27 vision 19-a to read as follows: 28 19-a. Any person in violation of section 265.45 or section 265.51 of 29 this chapter shall receive safe storage materials developed by the 30 office of gun violence prevention pursuant to section eight hundred 31 thirty-seven-y of the executive law. 32 § 6. Subdivision 3 of section 837-y of the executive law, as added by 33 section 1 of part MM of chapter 55 of the laws of 2025, is amended to 34 read as follows: 35 3. Annual report. The office shall issue an annual report including, 36 but not limited to, information on the status of gun violence in the 37 state, recommendations for policy and programmatic initiatives to 38 prevent and reduce gun violence in the state, and a description of the 39 efforts of the office to carry out the duties and objectives of the 40 office under this section. Additionally, the office shall, in coordi- 41 nation with the division of criminal justice services, collect and 42 analyze statistical and other information and data with respect to inju- 43 ries or deaths of minors resulting from failure to safely store a 44 firearm, rifle, or shotgun. Such information may include, but not be 45 limited to, age, gender, racial and ethnic background of the minor or 46 minors involved, as well as the type of injury or cause of death, to the 47 extent such information is available. Such report shall be posted on the 48 division's website no later than one year after the effective date of 49 this section, and annually thereafter. 50 § 7. This act shall take effect immediately; provided, however, 51 sections two, three and four of this act shall take effect on the nine- 52 tieth day after it shall have become a law; provided, further, that 53 the amendments to subdivision 3 of section 837-y of the executive law 54 made by section six of this act shall take effect on the same date and 55 in the same manner as section 1 of part MM of chapter 55 of the laws of 56 2025, takes effect.