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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1962B
SPONSOR: Anderson 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:
This bill allows for penalties associated with the failure to safely
store rifles, shotguns and firearms in the presence of a minor resulting
in injury.
SUMMARY:
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.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The A print removes several proposed offenses. Adds additional reporting
requirements to ensure tracking of safe storage of firearms.
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 encour-
ages 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 individuals 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,
PRIOR LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it have become
law.
