S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3385
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 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
 
 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
 S. 3385                             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
 S. 3385                             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. This  act  shall  take  effect  immediately;  provided,  however,
 sections  two,  three, four, five, and six of this act shall take effect
 on the ninetieth day  after  it  shall have become a law.