Assembly Bill A10451

                             
                     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.
              

                                                            LBD15589-01-4
 A. 10451                            2
 
 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 CAUSE THE DEATH OF THEMSELVES OR ANOTHER.
   FAILURE TO SAFELY STORE RIFLES, SHOTGUNS, AND FIREARMS IN THE PRESENCE
 OF A MINOR IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.