A01962 / S03385: "Francesco's Law" Safe Storage Expansion Near Floor Vote

What the Bill Would Do

Francesco's Law (A01962/S03385) would strengthen and expand New York's existing safe storage statute (Penal Law 265.45)^[1]. The bill has two components: first, it establishes new violations for the failure to safely store rifles, shotguns, and firearms when a minor or a prohibited person is present; second, it requires the Office of Gun Violence Prevention (established by the 2025-2026 budget) to collect and analyze data on injuries and deaths of minors resulting from failure to safely store firearms.

The bill is named after a child victim of an unsecured firearm incident. Current PL 265.45 already criminalizes failure to safely store firearms when a person resides with a minor under 18 or a prohibited person. A separate statute, PL 265.46, addresses situations where a child under 16 is likely to gain access to an unsecured weapon. Francesco's Law would potentially expand the scope and strengthen penalties beyond both existing provisions.

Current Status

Assembly Bill A01962 has been ordered to third reading (Calendar 75)^[2], placing it one step from an Assembly floor vote. The Senate companion S03385 was committed to Rules on June 13, 2025^[3], which in the NY Senate typically indicates leadership interest in bringing the bill to the floor.

What to Watch

With both the Assembly and Senate versions near their respective floors, this bill has real momentum. Watch for whether the penalties are violations (non-criminal), misdemeanors, or felonies — this will determine the practical consequences for non-compliance. Also monitor whether the data collection mandate includes funding for the Office of Gun Violence Prevention to conduct the analysis. The complementary public awareness campaign (Chapter 26) is already in effect, creating a policy framework where education precedes enhanced enforcement.