New York Assembly Bill A01962

New York 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25
• Report Pass: 6/9/25
• Refer: 6/9/25
• Report Pass: 6/10/25
• Engrossed: 6/11/25
• Refer: 6/11/25

Caption

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.

Summary

A01962, titled “Francesco’s law,” revises New York’s safe-storage rules for rifles, shotguns, and firearms and creates a new tiered offense structure when unsecured guns are accessible to minors or prohibited persons. The bill removes the current “first degree” safe-storage framework and replaces it with a general safe-storage requirement, then adds three new offenses: third degree when a person stores a gun unsafely in a place where a minor or prohibited person is likely to gain access and that person does gain access; second degree when the conduct is reckless and the gun is used to injure someone or in a crime; and first degree when the conduct is reckless and the gun is used to cause a death. It also keeps exceptions for unlawful entry and lawful self-defense or defense of another. The bill also changes the penalty structure for basic safe-storage violations. A first offense becomes a violation, a second offense becomes a class B misdemeanor, and a third offense becomes a class A misdemeanor. It repeals section 265.46 of the penal law and adds new sections 265.51 through 265.53 to define “minor” and “prohibited person,” establish the new offenses, and set the corresponding penalties. The measure takes effect immediately, with the substantive safe-storage provisions taking effect 90 days after enactment. Its impact on state law is to broaden and reorganize New York’s criminal penalties for unsafe firearm storage, especially where children or legally barred individuals can access the weapon. The bill would affect gun owners, custodians, and households where firearms are kept, and it would create additional criminal exposure when unsecured firearms are accessed and used to cause injury or death. The bill text provided does not include the captioned data-collection provisions, but the overall legislative package is aimed at reducing child gun injuries and deaths through stronger storage enforcement. The general sentiment reflected in the voting history is supportive but not unanimous. The bill advanced through Assembly Codes and Rules with favorable votes and then passed the Assembly floor by a clear margin, indicating substantial majority support for the safe-storage and gun-safety approach. At the same time, the recorded nays show meaningful opposition, consistent with the broader policy divide over firearm regulation. The main point of contention is the extent to which the state should criminalize unsafe storage and impose liability when a minor or prohibited person gains access to a firearm. Supporters appear to favor stronger accountability and prevention of gun-related harm, while opponents likely object to expanding criminal penalties for gun owners and to the new offense structure tied to access by minors or prohibited persons. The bill’s exceptions for unlawful entry and self-defense suggest an effort to address some concerns about fairness and unintended liability.

Impact

The bill amends the Penal Law by replacing the existing safe-storage offense structure and adding new offenses for failure to safely store rifles, shotguns, and firearms when a minor or prohibited person can access them. It repeals section 265.46 and adds sections 265.51, 265.52, and 265.53, creating a graduated system of violations, misdemeanors, and felonies based on the circumstances and resulting harm. The measure would increase criminal penalties for unsafe storage, define key terms, and preserve exceptions for unlawful entry and lawful self-defense or defense of another.

Sentiment

The bill appears to have generally favorable momentum in the Assembly, passing committee stages and the floor by a comfortable margin. The vote totals suggest broad support for stronger firearm safe-storage requirements, though the number of negative votes shows that the proposal remains controversial. Overall, the sentiment is supportive of gun-safety enforcement but divided along familiar lines over firearm regulation and criminal liability.

Contention

The central dispute is whether New York should expand criminal penalties for unsafe firearm storage and hold gun owners responsible when a minor or prohibited person gains access to a weapon. Supporters likely view the bill as a necessary child-safety and gun-violence-prevention measure, while opponents likely see it as overbroad or punitive toward lawful gun owners. The tiered felony/misdemeanor structure, and the possibility of liability when a firearm is accessed and used by another person, are the most likely points of contention.