S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1962
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  penal law and the education 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, shot-
   guns, and firearms

   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.  Section 265.45 of the penal law, as amended by  chapter  371  of
 the  laws of 2022 and subdivision 2 as amended by section 3 of part F of
 chapter 55 of the laws of 2023, is amended to read as follows:
 § 265.45 Failure to safely store rifles, shotguns, and firearms [in  the
            first degree].
   1.  No  person who owns or is custodian of a rifle, shotgun or firearm
 [who resides with an individual who: (i) is under eighteen years of age;
 (ii) such person knows or has reason to know is prohibited from possess-
 ing a rifle, shotgun or firearm pursuant to a temporary or final extreme
 risk protection order issued under article sixty-three-A  of  the  civil
 practice  law  and  rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or
 (iii) such person knows  or  has  reason  to  know  is  prohibited  from
 possessing a rifle, shotgun or firearm based on a conviction for a felo-
 ny  or  a  serious  offense,] shall store or otherwise leave such rifle,
 shotgun  or  firearm  out  of  [his  or  her]  SUCH  PERSON'S  immediate
 possession  or  control without having first securely locked such rifle,
 shotgun or firearm in an appropriate safe storage depository or rendered
 it incapable of being fired by use of a gun locking  device  appropriate
 to that weapon.
   2.  No  person  shall  store  or  otherwise leave a rifle, shotgun, or
 firearm out of such person's immediate possession or  control  inside  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05011-01-5
              

 A. 1962                             2
 
 vehicle  without first removing the ammunition from and securely locking
 such rifle, shotgun, or firearm in an appropriate safe storage deposito-
 ry out of sight from outside of the  vehicle;  provided,  however,  this
 subdivision  shall not apply to a police officer as such term is defined
 in subdivision thirty-four of section 1.20  of  the  criminal  procedure
 law,  a  qualified law enforcement officer authorized to carry concealed
 firearms pursuant to 18 U.S.C. 926B, or a person in the military service
 of the United States or the state of New York when such police  officer,
 qualified law enforcement officer, or person in such military service is
 acting  in  the  course of such person's official duty or employment and
 otherwise  complying  with  any  applicable  standards  or  requirements
 pertaining to the storage of such rifle, shotgun, or firearm.
   3. For purposes of this section "safe storage depository" shall mean a
 safe or other secure container which, when locked, is incapable of being
 opened without the key, keypad, combination or other unlocking mechanism
 and  is  capable  of  preventing  an  unauthorized person from obtaining
 access to and possession of the weapon contained therein  and  shall  be
 fire,  impact,  and  tamper  resistant. Nothing in this section shall be
 deemed to affect, impair or supersede any special or local act  relating
 to  the  safe storage of rifles, shotguns or firearms which impose addi-
 tional requirements on the owner or custodian of such weapons.  For  the
 purposes  of  subdivision  two  of  this section, a glove compartment or
 glove box shall not be considered an appropriate safe storage  deposito-
 ry.
   [4. It shall not be a violation of this section to allow a person less
 than  eighteen  years  of age access to: (i) a firearm, rifle or shotgun
 for lawful use as authorized under paragraph seven or seven-e of  subdi-
 vision  a  of section 265.20 of this article, or (ii) a rifle or shotgun
 for lawful use as authorized by  article  eleven  of  the  environmental
 conservation law when such person less than eighteen years of age is the
 holder  of a hunting license or permit and such rifle or shotgun is used
 in accordance with such law.]
   Failure to safely store rifles, shotguns, and firearms [in  the  first
 degree] is [a class A misdemeanor]:
   (I) FOR A FIRST OFFENSE, A VIOLATION;
   (II) FOR A SECOND OFFENSE, A CLASS B MISDEMEANOR; AND
   (III) FOR A THIRD OFFENSE, A CLASS A MISDEMEANOR.
   § 3. Section 265.46 of the penal law is REPEALED.
   §  4.  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  WHEN
            ACCESSIBLE  BY  A  MINOR  OR  PROHIBITED  PERSON IN THE THIRD
            DEGREE.
   1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "PROHIBITED  PERSON" SHALL MEAN ANY PERSON WHO IS PROHIBITED FROM
 POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR FEDERAL LAW; AND
   (B) "MINOR" SHALL MEAN AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
   2. A PERSON IS GUILTY OF FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND
 FIREARMS ACCESSIBLE TO A MINOR OR  A  PROHIBITED  PERSON  IN  THE  THIRD
 DEGREE WHEN:
   (A)  SUCH  PERSON  STORES  OR  OTHERWISE  LEAVES ANY RIFLE, SHOTGUN OR
 FIREARM IN VIOLATION OF SECTION 265.45 OF THIS ARTICLE IN  ANY  LOCATION
 WHERE  THE OWNER OR CUSTODIAN OF THE RIFLE, SHOTGUN, OR FIREARM KNOWS OR
 HAS REASON TO KNOW THAT A MINOR OR A PROHIBITED PERSON IS LIKELY TO GAIN
 ACCESS TO SUCH RIFLE, SHOTGUN OR FIREARM; AND
 A. 1962                             3
 
   (B) A MINOR OR A PROHIBITED PERSON GAINS ACCESS TO SUCH RIFLE, SHOTGUN
 OR FIREARM.
   3. IT SHALL NOT BE A VIOLATION OF THIS SECTION:
   (A)  IF THE MINOR OR PROHIBITED PERSON OBTAINED THE FIREARM, RIFLE, OR
 SHOTGUN AS A RESULT OF UNLAWFUL ENTRY BY ANY PERSON; OR
   (B) IF THE MINOR OR PROHIBITED PERSON OBTAINS THE FIREARM,  RIFLE,  OR
 SHOTGUN IN A LAWFUL ACT OF SELF-DEFENSE OR DEFENSE OF ANOTHER PERSON.
   FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS WHEN ACCESSIBLE
 BY  A MINOR OR PROHIBITED PERSON IN THE THIRD DEGREE IS A CLASS A MISDE-
 MEANOR.
   § 5. 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 WHEN
            ACCESSIBLE BY A MINOR OR  PROHIBITED  PERSON  IN  THE  SECOND
            DEGREE.
   1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "PROHIBITED PERSON" SHALL MEAN ANY PERSON WHO IS  PROHIBITED  FROM
 POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR FEDERAL LAW; AND
   (B) "MINOR" SHALL MEAN AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
   2. A PERSON IS GUILTY OF FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND
 FIREARMS  ACCESSIBLE  TO  A  MINOR  OR A PROHIBITED PERSON IN THE SECOND
 DEGREE WHEN:
   (A) SUCH PERSON RECKLESSLY STORES OR OTHERWISE LEAVES ANY RIFLE, SHOT-
 GUN OR FIREARM IN VIOLATION OF SECTION 265.45 OF  THIS  ARTICLE  IN  ANY
 LOCATION  WHERE THE OWNER OR CUSTODIAN OF THE RIFLE, SHOTGUN, OR FIREARM
 KNOWS OR HAS REASON TO KNOW THAT A MINOR OR A PROHIBITED PERSON IS LIKE-
 LY TO GAIN ACCESS TO SUCH RIFLE, SHOTGUN OR FIREARM; AND
   (B) A MINOR OR A PROHIBITED PERSON GAINS ACCESS TO SUCH RIFLE, SHOTGUN
 OR FIREARM AND USES IT TO INJURE THEMSELVES OR ANOTHER IN THE COMMISSION
 OF A CRIME.
   3. IT SHALL NOT BE A VIOLATION OF THIS SECTION:
   (A) IF THE MINOR OR PROHIBITED PERSON OBTAINED THE FIREARM, RIFLE,  OR
 SHOTGUN AS A RESULT OF UNLAWFUL ENTRY BY ANY PERSON; OR
   (B)  IF  THE MINOR OR PROHIBITED PERSON OBTAINS THE FIREARM, RIFLE, OR
 SHOTGUN IN A LAWFUL ACT OF SELF-DEFENSE OR DEFENSE OF ANOTHER PERSON.
   FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS WHEN ACCESSIBLE
 BY A MINOR OR PROHIBITED PERSON IN THE SECOND DEGREE IS A CLASS D  FELO-
 NY.
   §  6.  The penal law is amended by adding a new section 265.53 to read
 as follows:
 § 265.53 FAILURE TO SAFELY STORE RIFLES,  SHOTGUNS,  AND  FIREARMS  WHEN
            ACCESSIBLE  BY  A  MINOR  OR  PROHIBITED  PERSON IN THE FIRST
            DEGREE.
   1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "PROHIBITED  PERSON" SHALL MEAN ANY PERSON WHO IS PROHIBITED FROM
 POSSESSING A RIFLE, SHOTGUN OR FIREARM UNDER STATE OR FEDERAL LAW; AND
   (B) "MINOR" SHALL MEAN AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
   2. A PERSON IS GUILTY OF FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND
 FIREARMS ACCESSIBLE TO A MINOR OR  A  PROHIBITED  PERSON  IN  THE  FIRST
 DEGREE WHEN:
   (A) SUCH PERSON RECKLESSLY STORES OR OTHERWISE LEAVES ANY RIFLE, SHOT-
 GUN  OR  FIREARM  IN  VIOLATION OF SECTION 265.45 OF THIS ARTICLE IN ANY
 LOCATION WHERE THE OWNER OR CUSTODIAN OF THE RIFLE, SHOTGUN, OR  FIREARM
 A. 1962                             4
 
 KNOWS OR HAS REASON TO KNOW THAT A MINOR OR A PROHIBITED PERSON IS LIKE-
 LY TO GAIN ACCESS TO SUCH RIFLE, SHOTGUN OR FIREARM; AND
   (B) A MINOR OR A PROHIBITED PERSON GAINS ACCESS TO SUCH RIFLE, SHOTGUN
 OR  FIREARM  AND  USES  IT  TO  CAUSE THE DEATH OF THEMSELVES OR ANOTHER
 PERSON.
   3. IT SHALL NOT BE A VIOLATION OF THIS SECTION:
   (A) IF THE MINOR OR PROHIBITED PERSON OBTAINED THE FIREARM, RIFLE,  OR
 SHOTGUN AS A RESULT OF UNLAWFUL ENTRY BY ANY PERSON; OR
   (B)  IF  THE MINOR OR PROHIBITED PERSON OBTAINS THE FIREARM, RIFLE, OR
 SHOTGUN IN A LAWFUL ACT OF SELF-DEFENSE OR DEFENSE OF ANOTHER PERSON.
   FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS WHEN ACCESSIBLE
 BY A MINOR OR PROHIBITED PERSON IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 7. The education law is amended by adding a  new  section  808-a  to
 read as follows:
   §  808-A.  FIREARMS;  CHILD ACCESS PREVENTION AND SAFE STORAGE. 1. FOR
 THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   A.  "SCHOOL  DISTRICT"  SHALL  MEAN  ANY  CITY SCHOOL DISTRICT, COMMON
 SCHOOL DISTRICT, UNION FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT  OR
 CENTRAL HIGH SCHOOL DISTRICT;
   B.  "SCHOOL"  SHALL  MEAN  ANY PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL,
 PRIVATE SCHOOL, PAROCHIAL SCHOOL, OR BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES;
   C.  "PRIVATE  SCHOOL" SHALL MEAN A PERSON, FIRM, ASSOCIATION, PARTNER-
 SHIP, OR CORPORATION OFFERING OR CONDUCTING PRIVATE  SCHOOL  INSTRUCTION
 IN THE STATE;
   D.  "NOTICE"  SHALL  MEAN  WRITTEN  INFORMATION  OF  THE MODEL CONTENT
 OUTLINED IN SUBDIVISION TWO OF THIS  SECTION,  PRODUCED  IN  A  CONCISE,
 PUBLISHABLE  FORMAT,  SUCH  AS  A  BROCHURE,  FLIER,  HANDBILL, LEAFLET,
 LETTER, OR PAMPHLET,  THAT  IS  INTENDED  TO  BE  PROVIDED  DIRECTLY  TO
 PARENTS,  GUARDIANS, OR PERSONS IN PARENTAL RELATION TO A STUDENT OF THE
 SCHOOL, DELIVERED TO A RECEPTACLE DESIGNATED FOR A STUDENT, MAILED TO  A
 STUDENT'S  LAST  KNOWN ADDRESS, EMAILED TO A PERSON IN PARENTAL RELATION
 TO A STUDENT OF THE SCHOOL, AND DELIVERED BY ANY OTHER REASONABLE  METH-
 ODS AUTHORIZED BY THE COMMISSIONER; AND
   E.  "SCHOOL YEAR' SHALL MEAN THE PERIOD COMMENCING ON THE FIRST DAY OF
 REGULAR INSTRUCTION AND SHALL END ON THE LAST DAY OF INSTRUCTION.
   2. ON OR BEFORE JULY FIRST OF THE YEAR NEXT SUCCEEDING  THE  EFFECTIVE
 DATE OF THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES (HEREIN-
 AFTER  THE  "DIVISION")  SHALL  DEVELOP  MODEL CONTENT FOR NOTICE, WHICH
 SHALL INCLUDE, AT A MINIMUM,  INFORMATION  OUTLINING  NEW  YORK'S  CHILD
 ACCESS  PREVENTION  LAWS  AND  LAWS  RELATING  TO  THE  SAFE  STORAGE OF
 FIREARMS, INCLUDING,  BUT  NOT  LIMITED  TO,  SECTIONS  265.45,  265.51,
 265.52,  AND  265.53  OF  THE PENAL LAW. THE DEPARTMENT SHALL COORDINATE
 WITH THE DIVISION TO INCLUDE IN THE  MODEL  CONTENT  RELEVANT  STATEWIDE
 RESOURCES  AND  INFORMATION RELATED TO CHILD ACCESS PREVENTION, THE SAFE
 STORAGE OF FIREARMS, AND FIREARM  VIOLENCE  PREVENTION.  THE  DEPARTMENT
 SHALL  PRODUCE  THE  MODEL CONTENT IN THE ENGLISH LANGUAGE AND IN COMMON
 NON-ENGLISH LANGUAGES SPOKEN IN THE STATE. ON OR BEFORE  JULY  FIRST  OF
 THE  SECOND YEAR NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, AND
 EACH JULY FIRST THEREAFTER THE DIVISION AND THE DEPARTMENT SHALL UPDATE,
 AS NECESSARY, THE MODEL CONTENT DEVELOPED PURSUANT TO THIS  SUBDIVISION.
 THE  DEPARTMENT  SHALL  PUBLISH  THE MODEL CONTENT DEVELOPED AND UPDATED
 PURSUANT TO THIS SUBDIVISION ON ITS WEBSITE.
   3. A. ON OR BEFORE MAY FIRST OF THE YEAR NEXT SUCCEEDING THE EFFECTIVE
 DATE OF THIS SECTION, EVERY COUNTY SHALL SUBMIT TO  THE  DEPARTMENT  ALL
 A. 1962                             5
 
 INFORMATION OF COUNTY-AND-LOCAL-SPECIFIC LAWS AND REGULATIONS RELATED TO
 CHILD ACCESS PREVENTION AND THE SAFE STORAGE OF FIREARMS.
   B.  ON  OR  BEFORE  MAY  FIRST  OF THE SECOND YEAR NEXT SUCCEEDING THE
 EFFECTIVE DATE OF THIS SECTION, AND EVERY MAY  FIRST  THEREAFTER,  EVERY
 COUNTY  SHALL  SUBMIT  TO  EACH SCHOOL DISTRICT ANY UPDATED INFORMATION,
 INSOFAR AS IT EXISTS, OF THE COUNTY-AND-LOCAL-SPECIFIC  LAWS  AND  REGU-
 LATIONS  RELATED  TO  CHILD  ACCESS  PREVENTION  AND THE SAFE STORAGE OF
 FIREARMS TO BE PROVIDED AS PART OF THE NOTICE  PURSUANT  TO  SUBDIVISION
 FOUR OF THIS SECTION.
   4.  BEGINNING  ON JULY FIRST OF THE YEAR NEXT SUCCEEDING THE EFFECTIVE
 DATE OF THIS SECTION, ALL SCHOOL DISTRICTS SHALL PROVIDE NOTICE, AT  THE
 BEGINNING  OF  THE FIRST SEMESTER OR QUARTER OF THE REGULAR SCHOOL YEAR,
 OF THE MODEL CONTENT OUTLINED IN SUBDIVISION TWO OF  THIS  SECTION,  AND
 ALL   INFORMATION  OF  COUNTY-AND-LOCAL-SPECIFIC  LAWS  AND  REGULATIONS
 RELATED TO CHILD ACCESS PREVENTION AND  THE  SAFE  STORAGE  OF  FIREARMS
 OUTLINED  IN  PARAGRAPHS  A  AND B OF SUBDIVISION THREE OF THIS SECTION;
 PROVIDED, HOWEVER, THAT IF A CHILD ENROLLS AFTER THE  BEGINNING  OF  THE
 SCHOOL  YEAR,  NOTICE  OF THE MODEL CONTENT SHALL BE PROVIDED WITHIN ONE
 WEEK OF SUCH ENROLLMENT. NOTICE OF THE MODEL CONTENT MAY BE PROVIDED  AS
 A SINGLE NOTICE FOR MULTIPLE STUDENTS LIVING IN THE SAME HOUSEHOLD.
   5.  BEGINNING  ON JULY FIRST OF THE YEAR NEXT SUCCEEDING THE EFFECTIVE
 DATE OF THIS SECTION, ALL SCHOOL DISTRICTS SHALL MAINTAIN, THROUGH THEIR
 WEBSITE OR AFFILIATED SOCIAL MEDIA PRESENCES, THE MODEL CONTENT OUTLINED
 IN SUBDIVISION TWO OF THIS SECTION. THE MODEL CONTENT SHALL BE  UPDATED,
 AS NECESSARY, PURSUANT TO SUCH SUBDIVISION OF THIS SECTION.
   6.  LOCAL  SCHOOLS,  SCHOOL DISTRICTS, THE DIVISION AND THE DEPARTMENT
 ARE IMMUNE FROM CIVIL LIABILITY FOR ANY  DAMAGES  ALLEGEDLY  CAUSED  BY,
 ARISING  OUT OF, OR RELATING TO THE NOTICE OF THE ENTITY PROVIDED NOTICE
 USING THE MODEL CONTENT PROVIDED TO IT BY THE DEPARTMENT.
   § 8. This  act  shall  take  effect  immediately;  provided,  however,
 sections  two,  three,  four, five, six and seven of this act shall take
 effect on the ninetieth day  after  it  shall have become a law.