New York S 3385: Enacts "Francesco's law"; repealer

Bill Text

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S03385 Summary:

BILL NOS03385A

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SAME ASSAME AS A01962-B

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SPONSORHOYLMAN-SIGAL

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COSPNSRBAILEY, CLEARE, COMRIE, FAHY, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, LIU,
 MAY, MYRIE, SEPULVEDA, SERRANO, STAVISKY

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MLTSPNSR

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Amd §§265.45 & 400.00, add §265.51, rpld §265.46, Pen L; amd §837-y, Exec L

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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.

Go to top S03385 Actions:

BILL NOS03385A

&nbsp

01/27/2025REFERRED TO CODES

05/20/20251ST REPORT CAL.1251

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/09/2025AMENDED ON THIRD READING (T) 3385A

06/13/2025COMMITTED TO RULES

Go to topS03385 Committee&nbspVotes:

Go to topS03385 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03385 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3385--A
 Cal. No. 1251

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, BAILEY, CLEARE, COMRIE, FAHY, FERNAN-
 DEZ, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, LIU, MAY, MYRIE, SEPULVE-
 DA, SERRANO, STAVISKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes -- reported favora-
 bly from said committee, ordered to first and second report, ordered
 to a third reading, amended and ordered reprinted, retaining its place
 in the order of third reading

 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,
 17 shotgun or firearm out of [his or her] such person's immediate

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05011-05-5

 S. 3385--A 2

 1 possession or control without having first securely locked such rifle,
 2 shotgun or firearm in an appropriate safe storage depository or rendered
 3 it incapable of being fired by use of a gun locking device appropriate
 4 to that weapon.
 5 2. No person shall store or otherwise leave a rifle, shotgun, or
 6 firearm out of such person's immediate possession or control inside a
 7 vehicle without first removing the ammunition from and securely locking
 8 such rifle, shotgun, or firearm in an appropriate safe storage deposito-
 9 ry out of sight from outside of the vehicle; provided, however, this
 10 subdivision shall not apply to a police officer as such term is defined
 11 in subdivision thirty-four of section 1.20 of the criminal procedure
 12 law, a quali