NY State Senate Bill 2025-S3385A

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2025	committed to rules
Jun 09, 2025	amended on third reading (t) 3385a
May 22, 2025	advanced to third reading
May 21, 2025	2nd report cal.
May 20, 2025	1st report cal.1251
Jan 27, 2025	referred to codes

Votes

- May 20, 2025 - Codes Committee Vote
  S3385A
  
  9
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 20, 2025
      
      aye (9)
      
      Bailey
      
      Brisport
      
      Cooney
      
      Gounardes
      
      Kavanagh
      
      Myrie
      
      Persaud
      
      Salazar
      
      Sepúlveda
      
      nay (2)
      
      Gallivan
      
      O'Mara
      
      aye wr (2)
      
      Murray
      
      Palumbo

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2025-S3385 - Details

See Assembly Version of this Bill:: A1962
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§265.45 & 400.00, add §265.51, rpld §265.46, Pen L; amd §837-y, Exec L
Versions Introduced in 2023-2024 Legislative Session:: A10451

2025-S3385 - Summary

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.

2025-S3385 - Sponsor Memo

                                 
BILL NUMBER: S3385

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide for penalties associated with the failure to safely store
rifles, shotguns and firearms.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the short title "Francesco's law".

Sections 2-6: Define the degree of penalties related to failure to safe-
ly store rifles, shotguns and firearms.

Section 7: This act shall take effect immediately.

 
JUSTIFICATION:

Between 2016 and 2021, suicides accounted for 36% of firearm-related
deaths among children aged 10 to 19. Francesco tragically took his own
life on October 21, 2021 with an unsecured firearm. He was just 17 years
old and had been the victim of malicious rumors and cyberbullying
because of his sexual orientation.

Implementing and enforcing safe storage laws promotes a culture of
responsible gun ownership. It educates gun owners about the importance
of safety measures and encourages them to adopt best practices in
firearm storage, contributing to a safer society overall. Access to
firearms increases the risk of suicide. Studies have shown that individ-
uals are less likely to attempt suicide with a firearm if it is securely
stored and inaccessible. Safe storage practices can therefore be a
crucial component in suicide prevention efforts. Furthermore, 66% of
unintentional fatal firearm shootings involving children occurred when
the firearm was being handled or shown to someone else.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately, provided sections 2-6 shall take
effect on the ninetieth day after it has become law.

2025-S3385 - Bill Text download pdf

                             
                     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.

co-Sponsors

View additional co-sponsors

2025-S3385A (ACTIVE) - Details

See Assembly Version of this Bill:: A1962
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§265.45 & 400.00, add §265.51, rpld §265.46, Pen L; amd §837-y, Exec L
Versions Introduced in 2023-2024 Legislative Session:: A10451

2025-S3385A (ACTIVE) - Summary

2025-S3385A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3385A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide for penalties associated with the failure to safely store
rifles, shotguns and firearms.

 
SUMMARY OF PROVISIONS:

Section 1 would establishes the short title "Francesco's law".

Section 2 would amend section 265.45 of the penal law to clarify that it
is a violation for anyone who fails to safely store a rifle, shotgun, or

firearm.

Section 3 would repeal section 265.46 of the penal law.

Section 4 would amend the penal law by adding section 265.46, which
would make it class A misdemeanor for failure to safely store rifles,
shotguns, or firearms when accessible by a minor or prohibited person.

Section 5 would add section 400.00 of the penal law by adding a new
subdivision 19-a to require a person to receive safe storage materials
when the person violates section 265.45 or section 265.51 of the penal
law.

Section 6 would amend section subdivision 3 of section 837-y of the
executive law by requiring the officer to collect and analyze data
related to injuries or deaths of minors resulting form failure to safely
store a firearm, rifle, or shotgun.

Section 7 would set forth the effective date.

 
JUSTIFICATION:

Between 2016 and 2021, suicides accounted for 36% of firearm-related
deaths among children aged 10 to 19. Francesco tragically took his own
life on October 21, 2021 with an unsecured firearm. He was just 17 years
old and had been the victim of malicious rumors and cyberbullying
because of his sexual orientation.

Implementing and enforcing safe storage laws promotes a culture of
responsible gun ownership. It educates gun owners about the importance
of safety measures and encourages them to adopt best practices in
firearm storage, contributing to a safer society overall. Access to
firearms increases the risk of suicide. Studies have shown that individ-
uals are less likely to attempt suicide with a firearm if it is securely
stored and inaccessible. Safe storage practices can therefore be a
crucial component in suicide prevention efforts. Furthermore, 66% of

unintentional fatal firearm shootings involving children occurred when
the firearm was being handled or shown to someone else.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately, provided sections 2-6 shall take
effect on the ninetieth day after it has become law.

2025-S3385A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3385--A
     Cal. No. 1251
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05011-05-5
 S. 3385--A                          2
 
 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
 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.]:
   (A) IF A PERSON OBTAINED THE FIREARM, RIFLE, OR SHOTGUN AS A RESULT OF
 UNLAWFUL ENTRY BY ANY PERSON; OR
   (B) A 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 [in  the  first
 degree] is a [class A misdemeanor] VIOLATION.
   § 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.
   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 WHEN:
 S. 3385--A                          3
 
   (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
   (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.
   4.  IT SHALL NOT BE A VIOLATION OF THIS SECTION TO ALLOW A PERSON LESS
 THAN EIGHTEEN YEARS OF AGE ACCESS TO:
   (A) A FIREARM, RIFLE OR SHOTGUN FOR LAWFUL  USE  AS  AUTHORIZED  UNDER
 PARAGRAPH  SEVEN  OR  SEVEN-E OF SUBDIVISION A OF SECTION 265.20 OF THIS
 ARTICLE; OR
   (B) A RIFLE OR SHOTGUN FOR LAWFUL USE AS AUTHORIZED BY ARTICLE  ELEVEN
 OF  THE  ENVIRONMENTAL CONSERVATION LAW WHEN SUCH PERSON LESS THAN EIGH-
 TEEN 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 WHEN ACCESSIBLE
 BY A MINOR OR PROHIBITED PERSON IS A CLASS A MISDEMEANOR.
   § 5. Section 400.00 of the penal law is amended by adding a new subdi-
 vision 19-a to read as follows:
   19-A.  ANY  PERSON IN VIOLATION OF SECTION 265.45 OR SECTION 265.51 OF
 THIS CHAPTER SHALL RECEIVE  SAFE  STORAGE  MATERIALS  DEVELOPED  BY  THE
 OFFICE  OF  GUN  VIOLENCE  PREVENTION  PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY-SEVEN-Y OF THE EXECUTIVE LAW.
   § 6. Subdivision 3 of section 837-y of the executive law, as added  by
 section  1  of  part MM of chapter 55 of the laws of 2025, is amended to
 read as follows:
   3. Annual report. The office shall issue an annual  report  including,
 but  not  limited  to,  information on the status of gun violence in the
 state,  recommendations  for  policy  and  programmatic  initiatives  to
 prevent  and  reduce gun violence in the state, and a description of the
 efforts of the office to carry out the  duties  and  objectives  of  the
 office  under  this section.  ADDITIONALLY, THE OFFICE SHALL, IN COORDI-
 NATION WITH THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  COLLECT  AND
 ANALYZE STATISTICAL AND OTHER INFORMATION AND DATA WITH RESPECT TO INJU-
 RIES  OR  DEATHS  OF  MINORS  RESULTING  FROM  FAILURE TO SAFELY STORE A
 FIREARM, RIFLE, OR SHOTGUN. SUCH INFORMATION MAY  INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  AGE,  GENDER, RACIAL AND ETHNIC BACKGROUND OF THE MINOR OR
 MINORS INVOLVED, AS WELL AS THE TYPE OF INJURY OR CAUSE OF DEATH, TO THE
 EXTENT SUCH INFORMATION IS AVAILABLE. Such report shall be posted on the
 division's website no later than one year after the  effective  date  of
 this section, and annually thereafter.
   §  7.  This  act  shall  take  effect  immediately; provided, however,
 sections two, three and four of this act shall take effect on the  nine-
 tieth  day   after  it  shall have become a law; provided, further, that
 the amendments to subdivision 3 of section 837-y of  the  executive  law
 made  by  section six of this act shall take effect on the same date and
 in the same manner as section 1 of part MM of chapter 55 of the laws  of
 2025, takes effect.

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Senate Bill S3385A

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

May 20, 2025 - Codes Committee Vote

Codes Committee Vote: May 20, 2025

Bill Amendments

co-Sponsors

2025-S3385 - Details

2025-S3385 - Summary

2025-S3385 - Sponsor Memo

2025-S3385 - Bill Text download pdf

co-Sponsors

2025-S3385A (ACTIVE) - Details

2025-S3385A (ACTIVE) - Summary

2025-S3385A (ACTIVE) - Sponsor Memo

2025-S3385A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3385A

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2025-S3385 - Details

2025-S3385 - Summary

2025-S3385 - Sponsor Memo

2025-S3385 - Bill Text download pdf

co-Sponsors

2025-S3385A (ACTIVE) - Details

2025-S3385A (ACTIVE) - Summary

2025-S3385A (ACTIVE) - Sponsor Memo

2025-S3385A (ACTIVE) - Bill Text download pdf

Comments