Bill
S 9629
New York would require secure storage of firearms and create a new offense if a minor or prohibited person gains access, plus annual OGVP reporting on related incidents.
Title: Enacts "Francesco's law"; repealer
Jurisdiction: New York
Status: Introduced in Senate March 30, 2026; referred to Codes
Sponsored by: Sen. Bottcher (with multiple co-sponsors)
Purpose of the bill
- Establishes comprehensive safe-storage and enforcement measures related to firearms, rifles, and shotguns.
- Creates duties for owners/custodians to securely store firearms and expands penalties for unsafe storage, including new provisions tied to access by minors or prohibited persons.
- Adds a new reporting framework through the Office of Gun Violence Prevention (OGVP) and requires annual data reporting on gun violence and storage-related incidents involving minors.
Key provisions and changes
1) Strengthened safe storage requirements (Penal Law)
- Section 265.45 (amended):
- Expands the “first degree” unsafe storage standard to require owners/custodians of rifles, shotguns, or firearms to securely lock and store weapons when there is risk a minor, a prohibited person, or a person with certain disqualifications might access them (per existing or updated criteria).
- Any rifle, shotgun, or firearm left out of immediate possession/control must be secured in a safe storage depository or equipped with a proper locking device.
- A vehicle storage rule: when leaving a weapon in a vehicle, ammunition must be removed and the weapon securely locked or stored out of sight, with exceptions for certain law enforcement or military personnel acting in official duties.
- Defines “safe storage depository” (lockable, tamper-resistant, fire and impact resistant) and clarifies that ordinary glove compartments do not count.
- Exceptions: permits access in specific lawful situations (e.g., lawful use by hunting license holders or specified lawful uses). The penalties for failure to safely store remain a violation (classified as a misdemeanor under current text).
- Section 265.46 (repealed) – All provisions of the prior subsection 265.46 are repealed (exact old language not shown here).
2) New storage offense for accessibility by minors/prohibited persons
- New Penal Law Section 265.51:
- Creates a separate offense when a weapon is stored in a location where a minor or prohibited person is likely to access it, and such person gains access.
- Elements: (a) storage in violation of 265.45; (b) actual access by a minor or prohibited person.
- Exceptions: same as above (unlawful entry by another, or lawful self-defense exceptions) apply to avoid liability.
- Penalty: Class A misdemeanor.
3) Safe storage materials
- Section 400.00 added subdivision 19-a:
- Requires that violators of 265.45 or 265.51 receive safe storage materials developed by the OGVP, funded or overseen under Executive Law § 837-y.
4) OGVP annual reporting and data collection
- Section 837-y (Executive Law) amendment (Section 6):
- The OGVP must issue an annual report on gun violence in the state, policy/program recommendations, and describe the office’s efforts.
- In coordination with the Division of Criminal Justice Services, the OGVP will collect and analyze data on injuries or deaths of minors due to failure to safely store firearms.
- Data to potentially include age, gender, race/ethnicity, injury type or cause, to the extent available.
- The report must be posted on the Division’s website no later than one year after enactment and annually thereafter.
5) Effective dates
- The act takes effect immediately, but several substantive provisions (sections 2, 3, and 4) take effect 90 days after becoming law.
- The amendments to the OGVP-related executive-law provisions (Section 6) take effect on the same date as a related part of a 2025 law (Part MM, Ch. 55).
What is affected
- Individuals who own or custodian firearms, rifles, or shotguns in New York.
- Law enforcement, military, and certain armed security personnel operating in official capacity are exempt from certain vehicle-storage requirements.
- The OGVP and the Division of Criminal Justice Services, with a focus on data collection and reporting related to minors and storage-related gun incidents.
- Local jurisdictions may have adjustments, but safe-storage depository requirements apply broadly with stated exceptions.
Potential impact
- Tightened responsibilities for firearm owners to securely store weapons.
- Clarified and potentially broadened penalties when a minor or prohibited person gains access to a stored firearm.
- Increased availability of state-provided safe storage materials.
- Improved state-level data collection and reporting on storage-related injuries/deaths among minors, informing future policy decisions.
- Early alignment with Francesco’s law branding, signaling a focus on preventing gun access by at-risk individuals.
Notes
- Specific definitions (e.g., “minor,” “prohibited person”) align with existing state and federal law.
- The bill preserves certain lawful-use exemptions, such as hunting and self-defense scenarios.
- The language repeals/updates certain prior sections to reflect the new storage framework and new offenses.
Compiled from official sources — confirm details with the bill’s official record.
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