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.

Statutes affected:
S3385: 265.46 penal law
S3385A: 265.46 penal law, 400.00 penal law, 837-y executive law, 837-y(3) executive law