Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2024 |
referred to codes |
Assembly Bill A10451
2023-2024 Legislative Session
Sponsored By
ANDERSON
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-A10451 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§265.51 & 265.52, Pen L
2023-A10451 (ACTIVE) - Summary
Enacts "Francesco's law" which establishes that a person is guilty of failure to safely store rifles, shotguns, and firearms in the presence of a minor in the second degree if such improper storage leads to an individual under the age of 18 injuring themselves or another and in the first degree if such storage leads to an individual under the age of 18 killing themselves or another.
2023-A10451 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10451 I N A S S E M B L Y May 24, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Anderson) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to enacting "Francesco's law" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as "Francesco's law". § 2. The penal law is amended by adding a new section 265.51 to read as follows: § 265.51 FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE PRESENCE OF A MINOR IN THE SECOND DEGREE. 1. A PERSON IS GUILTY OF FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE PRESENCE OF A MINOR IN THE SECOND DEGREE WHEN: (A) SUCH PERSON STORES OR OTHERWISE LEAVES SUCH RIFLE, SHOTGUN OR FIREARM OUT OF SUCH PERSON'S IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO- PRIATE SAFE STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED BY USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON WHEN SUCH PERSON RESIDES WITH AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE OR KNOWS OR HAS REASON TO KNOW THAT AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE WILL BE ABLE TO ACCESS SUCH RIFLE, SHOTGUN OR FIREARM; AND (B) SUCH INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE USES SUCH RIFLE, SHOT- GUN OR FIREARM TO INJURE THEMSELVES OR ANOTHER. FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE PRESENCE OF A MINOR IN THE SECOND DEGREE IS A CLASS D FELONY. § 3. The penal law is amended by adding a new section 265.52 to read as follows: § 265.52 FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE PRESENCE OF A MINOR IN THE FIRST DEGREE. 1. A PERSON IS GUILTY OF FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE PRESENCE OF A MINOR IN THE FIRST DEGREE WHEN: (A) SUCH PERSON STORES OR OTHERWISE LEAVES SUCH RIFLE, SHOTGUN OR FIREARM OUT OF SUCH PERSON'S IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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