Hochul

BY JEFF CHUDZINSKINorth Country This Week

State lawmakers have taken additional steps to expand firearm laws in the state, including new safe storage legislation that will require all firearms to be locked at all times. 

The news comes less than two weeks after a federal court overturned the state's ban on body armor for civilians. 

State officials have until Nov. 4, the day after elections, to file a formal appeal of the decision. 

Last week, Governor Kathy Hochul signed two bills into law that directly impact lawful gun owners. 

The first bill, S9629/A1962B, also known as Francesco's Law, requires the owner or custodian of each firearm to lock up all firearms whenever they leave their immediate control. 

Locks, safe storage devices or locking containers resistant to fire, impact and tampering must be used, according to the legislation. 

The law will take effect Jan. 19, 2027, 90 days after signing. 

The legislation was signed on the fifth anniversary of the death of a Carnegie Hall violinist, for whom the law is named, who died by suicide after being bullied for his sexuality. 

The law expands upon a 2022 law that required all households to lock up every firearm if someone 18-years-old or younger resided in the home or if a household member was legally barred from owning a firearm. 

In households where minors do not reside, leaving a firearm unlocked and unattended is a non-criminal violation. 

For households with a minor under 18 or a barred individual, leaving firearms unlocked and unattended is a misdemeanor offense. 

Exceptions are built into the law that accounts for lawful self-defense in the home but specifics were not outlined in the original bill.

Along with the safe storage law, Hochul also signed into law a bill that takes effect immediately and requires state police to deny background checks on ammunition purchases for individuals who are not legally allowed to own a rifle or shotgun under state or federal law or who may be subject to an Extreme Risk Protection Order (ERPO).  

An ERPO stems from New York's Red Flag Laws, which were first enacted in 2019 and expanded multiple times in 2022 and 2025. 

Under an ERPO, which is a civil court order, individuals are supposed to be temporarily denied the right to purchase or possess firearms and ammunition. 

In most cases, an ERPO is expected to last a week or two with the possibility of an extension from the courts, according to state officials. 

Also known as a Red Flag Law, the orders are designed to reduce the risk of suicides and violent crimes utilizing firearms, however critics of the laws say the broad discretion given to petitioners and justices alike may deprive an individual of their constitution right to own a firearm without facing due process or a criminal charge. 

Petitions can be filed by law enforcement, household or family members, as well as medical professionals, educators and other professionals on the state's mandated reporter lists. 

Once filed, an ERPO must be filed with the state within 24-hours for inclusion in a centralized database that is used during firearm background checks. 

The database enables law enforcement to deny the sale of a firearm to an individual who may pose a threat to themselves or those around them, state officials say.

Floor debate in the state Assembly also raised the potential for false denials, as has been common under the state's background check scheme enacted in 2022. 

Assembly Republicans argued the point-of-contact system, which sees State Police conduct ammunition background checks, has led to false denials and significant delays for lawful citizens who can legally purchase ammunition. 

Despite those concerns, the bills passed along party lines in May and awaited Hochul's signature until last week.