New York's Francesco's Law: What Changes for Firearm Storage, and When?
Learn what New York's Francesco's Law changes on January 19, 2027, which firearm storage devices qualify, vehicle rules, and penalties under the signed law.
Governor Kathy Hochul signed Francesco's Law on October 21, 2026. The law's broad safe-storage requirement takes effect January 19, 2027. Starting then, if you own or keep a rifle, shotgun, or firearm in New York, you must secure it when it's outside your immediate possession or control.
Some New York storage rules already apply today, including a vehicle-storage requirement and a home-storage rule for certain households. New York gun owners need to know what changes on January 19, which devices meet the statutory definition, and what existing rules remain in force. For general storage practices, see our guide to storing firearms safely at home.
What Is Francesco's Law?
Francesco's Law is named for Francesco, a 17-year-old who died by suicide after accessing an unsecured firearm. The Assembly's legislative memorandum identifies the incident and explains the bill's name.
The enacted measure was Assembly Bill A1962-B, sponsored by Assembly Member Khaleel Anderson and signed as Chapter 315 of the Laws of 2026. The Assembly's bill page lists S9629 as the Senate's "same as" bill. Its action history records that the Senate substituted A1962-B for S9629 on June 2, 2026.
Before the new rule takes effect, New York Penal Law § 265.45 generally requires safe storage in a home when the owner or custodian lives with a minor or certain people prohibited from possessing firearms. A separate part of the existing law already sets storage requirements for firearms left unattended in vehicles.
From January 19, 2027, the home-storage rule will no longer depend on who else lives in the household. The new requirement applies when the firearm is outside the owner's or custodian's immediate possession or control, subject to the specific exceptions in the statute.
Sources: Assembly bill number, sponsor, companion bill, actions, and legislative memorandum, final A1962-B text and signed action.
When Does Francesco's Law Take Effect?
The new statewide storage rule is not effective on the signing date. Section 7 says Sections 2, 3, and 4 take effect on the ninetieth day after enactment. The law was signed on October 21, making January 19, 2027, the effective date for the amended § 265.45 and new § 265.51.
| Date | What Happens |
|---|---|
| October 21, 2026 | Governor Hochul signs A1962-B as Chapter 315 |
| January 19, 2027 | The new general storage rule and related misdemeanor provision take effect |
This is not a blanket 90-day suspension of New York's existing storage laws. Until January 19, the current household-based home rule and the existing vehicle rule remain in force.
Sources: A1962-B, Section 7, New York Penal Law § 265.45, final bill text for § 265.51.
Who Must Comply?
Starting January 19, the general rule applies to you if you own or keep a rifle, shotgun, or firearm outside your immediate possession or control. It applies at home, in a vehicle, and elsewhere in New York. Living alone does not create an exemption.
The exceptions are narrow and differ by provision. Under § 265.45, it is not a storage violation if someone obtained the weapon through unlawful entry or in lawful self-defense or defense of another. The vehicle subsection separately exempts specified law-enforcement and military personnel on official duty. The amended § 265.45 removes the former exception for certain lawful minor access.
Section 265.51, the separate access misdemeanor, has exceptions for unlawful entry and lawful self-defense. It also keeps limited exceptions for lawful minor access under Penal Law § 265.20(a)(7) or (7-e), and for licensed hunting under Environmental Conservation Law article 11.
New York Penal Law § 265.45 also says that state or local laws imposing additional safe-storage requirements are not superseded by this section.
What Does "Immediate Possession or Control" Mean?
The statute uses the phrase "immediate possession or control" but does not define how close you must be, how long an absence may last, or whether leaving a firearm on a table while you step into another room counts.
Carrying or actively handling a firearm are the clearest examples. The law does not create a one-minute grace period or a same-room exemption.
For a conservative routine, secure the firearm when you stop carrying or handling it, before sleeping, and before leaving it unattended. That's a practical safety measure, not a legal ruling on every close case.
What Storage Devices Meet the Requirement?
From January 19, § 265.45 permits either a safe-storage depository or a gun-locking device appropriate to the weapon. A gun lock must render that particular weapon incapable of being fired. The law does not require biometric access, name a brand, or prescribe a third-party certification.
The statute does define a "safe storage depository." It must be a safe or other secure container that, when locked, cannot be opened without a key, keypad, combination, or other unlocking mechanism and can prevent unauthorized access to and possession of the weapon. The statute says it must also be "fire, impact, and tamper resistant." Those three features are legal requirements, not just general safety advice, though the law does not specify a test or rating. A product label or price alone does not establish that a container meets the definition.
The gun-lock alternative applies to the general storage rule. For firearms left unattended in a vehicle, the statute instead requires a safe-storage depository. A lockable glove compartment or glove box is expressly excluded. A keyed center console might not qualify; check whether it meets the law's locking and resistance requirements.
If you are comparing safe types, our gun safe buyer's guide explains common design differences. Check any specific model against the law's requirements rather than assuming every lockbox or cabinet qualifies.
Vehicle Storage Requirements
New York already has a vehicle-storage rule, and the amended law keeps it. When a rifle, shotgun, or firearm is outside the owner's immediate possession or control inside a vehicle, the statute requires removing the ammunition from the firearm, securely locking the firearm in an appropriate safe-storage depository, and placing it out of sight from outside the vehicle. The glove compartment and glove box do not qualify.
The law does not say that any compartment with a key lock meets the definition. Nor does it say that a tether alone makes a case a safe-storage depository. Check the container's locking and resistance features. Our guide to compact gun safes for vehicles covers vehicle-oriented options without treating a product category as automatic proof of legal compliance.
Federal law may protect some interstate firearm transportation under 18 U.S.C. § 926A. You must be able to lawfully possess and carry the firearm at both the origin and destination. The firearm must be unloaded and not readily accessible; any ammunition being transported must not be readily accessible or directly accessible from the passenger compartment. If the vehicle has no separate compartment, the firearm and ammunition must be in a locked container other than the glove compartment or console.
Source: 18 U.S.C. § 926A.
Penalties for Non-Compliance
Beginning January 19, failure to safely store under amended § 265.45 is a violation. Under New York's general penalty provisions, a violation can carry up to 15 days of imprisonment and a fine of up to $250.
A separate offense applies when the owner or custodian knows, or has reason to know, that a minor or prohibited person is likely to gain access to an improperly stored firearm and that person actually gains access. Under § 265.51, that offense is a Class A misdemeanor, punishable under the general sentencing rules by up to 364 days and a fine of up to $1,000. Injury is not required for this offense.
These are statutory maximums, not predictions about how a particular case will be charged or sentenced.
Sources: Final amended bill, §§ 2-4, New York Penal Law § 70.15, § 80.05.
Choosing Storage for Your Situation
The law sets minimum characteristics, not a shopping list. Use the table to think through access, location, and the device definition. It is not a certification that a particular product complies.
| Situation | What to Consider |
|---|---|
| Home defense | Choose a locking method you can operate reliably, then secure the firearm when it is outside your immediate possession or control |
| Several firearms | Check that the depository fits each firearm and meets the statutory locking and resistance requirements |
| Apartment or rental | A portable container may be easier to move; a tether can help resist removal but does not, by itself, establish legal compliance. See our guide to gun safes for apartments |
| Vehicle | Use a safe-storage depository, keep it out of sight, and remove ammunition from the firearm when the statute requires it |
| Tight budget | Compare the actual locking and resistance features, not just price or the word "safe" on the package. An appropriate gun-locking device is another option for the general rule |
Frequently Asked Questions
Q1: Do I need to register my gun safe with New York State?
Francesco's Law does not create a registration requirement for storage devices. It does not replace separate firearm licensing, registration, or possession rules.
Q2: Can I store my firearms at a friend's house?
Yes, provided the firearm itself is stored as § 265.45 requires and the arrangement complies with New York's rules on transfers and temporary possession. A locked room alone is not one of the storage methods the law lists.
Q3: What if I'm traveling through New York with a firearm?
Federal law may protect interstate transport if you can lawfully possess the firearm at both ends, it is unloaded and not readily accessible, and any ammunition being transported is not readily accessible or directly accessible from the passenger compartment. If your vehicle has no separate compartment, the firearm and ammunition must be in a locked container other than the glove box or console. It is not blanket protection from state or local law. For an overnight stop or if you plan to leave a firearm unattended in New York, consult a New York firearms attorney about how state storage rules apply in those circumstances.
Q4: Does Francesco's Law apply to antique firearms?
The statute covers rifles, shotguns, and firearms as defined under New York law. A federal "curio or relic" label alone does not settle whether a particular item falls within those New York definitions. Check the definitions in New York Penal Law § 265.00 for the specific item.
Q5: What if my electronic lock fails?
Check the safe's manual for its approved backup-entry method and test that method before you need it. Backup keys, batteries, and override systems vary by model, so do not assume a particular feature is included.
Q6: Can I store ammunition in the same safe as firearms?
The general storage provision addresses the firearm. For a firearm left unattended in a vehicle, it specifically requires removing ammunition from the firearm. The law does not establish a general household rule in this section for how ammunition must be stored separately.
Q7: What if I live alone?
Starting January 19, 2027, living alone does not exempt an owner or custodian from the general storage requirement. Until then, the current household-based home rule and the vehicle rule remain in effect.
Q8: Will my homeowner's insurance cover firearm theft if I use a compliant safe?
A compliant safe does not, by itself, establish insurance coverage. Check your policy for firearm limits, theft exclusions, and whether the insurer requires separate scheduled coverage. Ask the carrier to confirm the terms for your policy.
Q9: Can I use a gun cabinet with a glass door?
A key lock alone does not show that a cabinet meets the statutory definition. The container must prevent unauthorized access and possession and be fire-, impact-, and tamper-resistant. If you cannot confirm those features, choose a device whose specifications address them.
Q10: If I'm cleaning a gun, do I need to lock it away every time I leave the room?
The statute does not set a one-minute rule or specify how leaving a room affects "immediate possession or control." As a conservative practice, secure the firearm when you stop handling it and leave it unattended rather than relying on a short-absence exception the law does not state.
Implementation Checklist
Before January 19, 2027
- Inventory each rifle, shotgun, and firearm you own or keep, including those stored in vehicles.
- For each location, identify whether the statutory alternative is a safe-storage depository or an appropriate gun-locking device.
- Check a depository's locking method and stated resistance features; do not rely on the product label alone.
- For a vehicle, plan to remove ammunition from the firearm, lock it in an appropriate depository, and keep the depository out of sight.
- Check any additional state or local storage requirements that may apply.
After Choosing a Device
- Test the lock and any backup-entry method according to the manufacturer's instructions.
- Keep keys and access codes limited to authorized people.
- Recheck the arrangement when you move, change vehicles, or acquire another firearm.
Conclusion
The new general safe-storage rule takes effect January 19, 2027. It applies regardless of household composition, but it does not replace existing rules that already apply before that date, especially the vehicle requirements.
Before the effective date, check where each firearm is kept, confirm that your chosen storage device matches the statutory definition, and review any local requirements. For storage options, browse the ONNAIS gun safe collection. Before you buy, verify that your chosen model's specifications match the law's fire, impact, and tamper-resistance requirements.
Legal disclaimer: This article is general information, not legal advice. Read the linked statute for the exact language. Firearm laws vary by state and local jurisdiction.
