STATE OF NEW YORK
________________________________________________________________________
10451
IN ASSEMBLY
May 24, 2024
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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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Francesco's law".
3 § 2. The penal law is amended by adding a new section 265.51 to read
4 as follows:
5 § 265.51 Failure to safely store rifles, shotguns, and firearms in the
6 presence of a minor in the second degree.
7 1. A person is guilty of failure to safely store rifles, shotguns, and
8 firearms in the presence of a minor in the second degree when:
9 (a) such person stores or otherwise leaves such rifle, shotgun or
10 firearm out of such person's immediate possession or control without
11 having first securely locked such rifle, shotgun or firearm in an appro-
12 priate safe storage depository or rendered it incapable of being fired
13 by use of a gun locking device appropriate to that weapon when such
14 person resides with an individual under eighteen years of age or knows
15 or has reason to know that an individual who is under eighteen years of
16 age will be able to access such rifle, shotgun or firearm; and
17 (b) such individual under eighteen years of age uses such rifle, shot-
18 gun or firearm to injure themselves or another.
19 Failure to safely store rifles, shotguns, and firearms in the presence
20 of a minor in the second degree is a class D felony.
21 § 3. The penal law is amended by adding a new section 265.52 to read
22 as follows:
23 § 265.52 Failure to safely store rifles, shotguns, and firearms in the
24 presence of a minor in the first degree.
25 1. A person is guilty of failure to safely store rifles, shotguns, and
26 firearms in the presence of a minor in the first degree when:
27 (a) such person stores or otherwise leaves such rifle, shotgun or
28 firearm out of such person's immediate possession or control without
29 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.
LBD15589-01-4
A. 10451 2
1 priate safe storage depository or rendered it incapable of being fired
2 by use of a gun locking device appropriate to that weapon when such
3 person resides with an individual under eighteen years of age or knows
4 or has reason to know that an individual who is under eighteen years of
5 age will be able to access such rifle, shotgun or firearm; and
6 (b) such individual under eighteen years of age uses such rifle, shot-
7 gun or firearm to cause the death of themselves or another.
8 Failure to safely store rifles, shotguns, and firearms in the presence
9 of a minor in the first degree is a class C felony.
10 § 4. This act shall take effect on the ninetieth day after it shall
11 have become a law.