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New York · 2025-2026 General Assembly

S02328 Establishes the crime of unlawful storage of a firearm leading to use in the commission of a crime which is a class E felony.

Direction

Firearms storage minorsAI label

Restricts gun access model confidence 80%

Creates a new felony for failing to store a firearm safely as required by existing law if it is then used in a crime that could have been prevented by proper storage, so more penalties for unsafe storage.

A person is guilty of unlawful storage of a firearm leading to use in the commission of a crime when a person fails to safely store a rifle, shotgun or firearm as required pursuant to section 265.45 or section 265.46 of this article, and such rifle, shotgun or firearm is used in the commission of a crime by another individual which reasonably would have been prevented if such rifle, shotgun or firearm was stored in accordance with sections 265.45 and 265.46 of this article.

✓ Quote verified word for word in the bill text

Firearms otherAI label

Restricts gun access model confidence 70%

Establishes a new class E felony tied to unsafe firearm storage that leads to criminal use, adding a specific penalty provision to existing storage requirements.

Unlawful storage of a firearm leading to use in the commission of a crime is a class E felony.

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2026-01-07: REFERRED TO CODES
Filed
2025-01-16
Committee
Codes
Sponsor
Andrew Gounardes D + 1 cosponsor (1 D)

Why the model tagged it this way: The bill creates a new felony for failure to comply with existing safe-storage requirements (cross-referencing §§ 265.45 and 265.46, which mandate locked storage away from minors) when the firearm is subsequently used in a preventable crime. This adds enforcement and penalties for unsafe storage, restricting the firearms topic on the storage-minors subtag and under other. No other listed topics are substantively addressed.

Related bills

Sponsors

Text versions

History (2 actions)
DateChamberAction
2026-01-07SREFERRED TO CODES
2025-01-16SREFERRED TO CODES