Assembly advances tougher safe-storage firearm rules after hour-long floor debate

The Assembly on Wednesday approved an expanded safe-storage law aimed at reducing youth access to firearms and firearm-related suicides, moving the state closer to what sponsors called a national “gold standard.”

Sponsor Assemblymember Anderson, speaking in support, said the bill amends Penal Law section 265.45 to create a civil violation in many unsafe-storage cases and a class A misdemeanor when a firearm is accessible to a minor or a legally prohibited person. Anderson said the measure also requires distribution of safe-storage materials in certain cases and is intended to close what he described as loopholes in current law.

Republican members and some colleagues asked for several clarifications on scope and enforcement. Assemblymember Angelino pressed the sponsor on whether visitors and nonresidents of a home would be covered; Anderson said the owner or custodian remains responsible and the measure applies to firearms accessible in a home even when the at-risk person is a visitor. He added that statutory protections for custodians and owners remain unchanged.

Members also asked whether the proposal conflicts with proposals to allow biometric or “smart” firearms. Anderson said the bill does not change the law’s treatment of locking mechanisms or devices and that secure, locked storage meeting current statutory standards would still comply. Questions were raised about how the law would treat historical firearms in museum displays; the sponsor said properly secured displays would remain lawful.

On enforcement, lawmakers debated whether the bill is primarily preventive or post-incident. Anderson described the change as culture-building — “buckle up your gun” — while acknowledging prosecutorial and judicial discretion would remain in any case brought under the new law.

Assemblymember Anderson cited data he said show states with strong safe-storage rules saw reductions in youth firearm suicides and said the bill seeks to reduce those preventable deaths. After debate and several members explaining their votes, the Assembly recorded 90 ayes and 44 nays and the bill was announced as passed.

The legislation will take effect immediately upon enactment, and sponsors said they expect outreach and education from the Division of Criminal Justice Services to accompany the change. Opponents warned about over-criminalization and urged careful use of prosecutorial discretion in post-incident enforcement.