S 3385: Enacts "Francesco's law" which establishes violations for the failure to safely store rifles, shotguns, and firearms in the presence of a minor or a prohibited person; requires the office of gun violence prevention to collect and analyze statistical and other information and data with respect to injuries or deaths of minors resulting from failure to safely store a firearm, rifle, or shotgun.

  
  STATE OF NEW YORK ________________________________________________________________________ 3385 2025-2026 Regular Sessions  IN SENATE January 27, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to enacting "Francesco's law"; 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 4 the 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, 17 shotgun or firearm out of [his or her] such person's immediate 18 possession or control without having first securely locked such rifle, 19 shotgun or firearm in an appropriate safe storage depository or rendered 20 it incapable of being fired by use of a gun locking device appropriate 21 to that weapon. 22 2. No person shall store or otherwise leave a rifle, shotgun, or 23 firearm out of such person's immediate possession or control inside a 24 vehicle without first removing the ammunition from and securely locking EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05011-02-5 
 S. 3385 2 1 such rifle, shotgun, or firearm in an appropriate safe storage deposito- 2 ry out of sight from outside of the vehicle; provided, however, this 3 subdivision shall not apply to a police officer as such term is defined 4 in subdivision thirty-four of section 1.20 of the criminal procedure 5 law, a qualified law enforcement officer authorized to carry concealed 6 firearms pursuant to 18 U.S.C. 926B, or a person in the military service 7 of the United States or the state of New York when such police officer, 8 qualified law enforcement officer, or person in such military service is 9 acting in the course of such person's official duty or employment and 10 otherwise complying with any applicable standards or requirements 11 pertaining to the storage of such rifle, shotgun, or firearm. 12 3. For purposes of this section "safe storage depository" shall mean a 13 safe or other secure container which, when locked, is incapable of being 14 opened without the key, keypad, combination or other unlocking mechanism 15 and is capable of preventing an unauthorized person from obtaining 16 access to and possession of the weapon contained therein and shall be 17 fire, impact, and tamper resistant. Nothing in this section shall be 18 deemed to affect, impair or supersede any special or local act relating 19 to the safe storage of rifles, shotguns or firearms which impose addi- 20 tional requirements on the owner or custodian of such weapons. For the 21 purposes of subdivision two of this section, a glove compartment or 22 glove box shall not be considered an appropriate safe storage deposito- 23 ry. 24 [4. It shall not be a violation of this section to allow a person less 25 than eighteen years of age access to: (i) a firearm, rifle or shotgun 26 for lawful use as authorized under paragraph seven or seven-e of subdi- 27 vision a of section 265.20 of this article, or (ii) a rifle or shotgun 28 for lawful use as authorized by article eleven of the environmental 29 conservation law when such person less than eighteen years of age is the 30 holder of a hunting license or permit and such rifle or shotgun is used 31 in accordance with such law.] 32 Failure to safely store rifles, shotguns, and firearms [in the first 33 degree] is [a class A misdemeanor]: 34 (i) for a first offense, a violation; 35 (ii) for a second offense, a class B misdemeanor; and 36 (iii) for a third offense, a class A misdemeanor. 37 § 3. Section 265.46 of the penal law is REPEALED. 38 § 4. The penal law is amended by adding a new section 265.51 to read 39 as follows: 40 § 265.51 Failure to safely store rifles, shotguns, and firearms when 41 accessible by a minor or prohibited person in the third 42 degree. 43 1. For the purposes of this section, the following terms shall have 44 the following meanings: 45 (a) "prohibited person" shall mean any person who is prohibited from 46 possessing a rifle, shotgun or firearm under state or federal law; and 47 (b) "minor" shall mean an individual under eighteen years of age. 48 2. A person is guilty of failure to safely store rifles, shotguns, and 49 firearms accessible to a minor or a prohibited person in the third 50 degree when: 51 (a) such person stores or otherwise leaves any rifle, shotgun or 52 firearm in violation of section 265.45 of this article in any location 53 where the owner or custodian of the rifle, shotgun, or firearm knows or 54 has reason to know that a minor or a prohibited person is likely to gain 55 access to such rifle, shotgun or firearm; and 
 S. 3385 3 1 (b) a minor or a prohibited person gains access to such rifle, shotgun 2 or firearm. 3 3. It shall not be a violation of this section: 4 (a) if the minor or prohibited person obtained the firearm, rifle, or 5 shotgun as a result of unlawful entry by any person; or 6 (b) if the minor or prohibited person obtains the firearm, rifle, or 7 shotgun in a lawful act of self-defense or defense of another person. 8 Failure to safely store rifles, shotguns, and firearms when accessible 9 by a minor or prohibited person in the third degree is a class A misde- 10 meanor. 11 § 5. The penal law is amended by adding a new section 265.52 to read 12 as follows: 13 § 265.52 Failure to safely store rifles, shotguns, and firearms when 14 accessible by a minor or prohibited person in the second 15 degree. 16 1. For the purposes of this section, the following terms shall have 17 the following meanings: 18 (a) "prohibited person" shall mean any person who is prohibited from 19 possessing a rifle, shotgun or firearm under state or federal law; and 20 (b) "minor" shall mean an individual under eighteen years of age. 21 2. A person is guilty of failure to safely store rifles, shotguns, and 22 firearms accessible to a minor or a prohibited person in the second 23 degree when: 24 (a) such person recklessly stores or otherwise leaves any rifle, shot- 25 gun or firearm in violation of section 265.45 of this article in any 26 location where the owner or custodian of the rifle, shotgun, or firearm 27 knows or has reason to know that a minor or a prohibited person is like- 28 ly to gain access to such rifle, shotgun or firearm; and 29 (b) a minor or a prohibited person gains access to such rifle, shotgun 30 or firearm and uses it to injure themselves or another in the commission 31 of a crime. 32 3. It shall not be a violation of this section: 33 (a) if the minor or prohibited person obtained the firearm, rifle, or 34 shotgun as a result of unlawful entry by any person; or 35 (b) if the minor or prohibited person obtains the firearm, rifle, or 36 shotgun in a lawful act of self-defense or defense of another person. 37 Failure to safely store rifles, shotguns, and firearms when accessible 38 by a minor or prohibited person in the second degree is a class D felo- 39 ny. 40 § 6. The penal law is amended by adding a new section 265.53 to read 41 as follows: 42 § 265.53 Failure to safely store rifles, shotguns, and firearms when 43 accessible by a minor or prohibited person in the first 44 degree. 45 1. For the purposes of this section, the following terms shall have 46 the following meanings: 47 (a) "prohibited person" shall mean any person who is prohibited from 48 possessing a rifle, shotgun or firearm under state or federal law; and 49 (b) "minor" shall mean an individual under eighteen years of age. 50 2. A person is guilty of failure to safely store rifles, shotguns, and 51 firearms accessible to a minor or a prohibited person in the first 52 degree when: 53 (a) such person recklessly stores or otherwise leaves any rifle, shot- 54 gun or firearm in violation of section 265.45 of this article in any 55 location where the owner or custodian of the rifle, shotgun, or firearm 
 S. 3385 4 1 knows or has reason to know that a minor or a prohibited person is like- 2 ly to gain access to such rifle, shotgun or firearm; and 3 (b) a minor or a prohibited person gains access to such rifle, shotgun 4 or firearm and uses it to cause the death of themselves or another 5 person. 6 3. It shall not be a violation of this section: 7 (a) if the minor or prohibited person obtained the firearm, rifle, or 8 shotgun as a result of unlawful entry by any person; or 9 (b) if the minor or prohibited person obtains the firearm, rifle, or 10 shotgun in a lawful act of self-defense or defense of another person. 11 Failure to safely store rifles, shotguns, and firearms when accessible 12 by a minor or prohibited person in the first degree is a class C felony. 13 § 7. This act shall take effect immediately; provided, however, 14 sections two, three, four, five, and six of this act shall take effect 15 on the ninetieth day after it shall have become a law.