N.Y. PEN Law § 265.45 — New York Code / Act PEN / Part 3 / Title P / Article 265 / Section 265.45
Failure to safely store rifles, shotguns, and firearms in the first degree
Status: in_force

§ 265.45 Failure to safely store rifles, shotguns, and firearms in the\n           first degree.\n  1. No person who owns or is custodian of a rifle, shotgun or firearm\nwho resides with an individual who: (i) is under eighteen years of age;\n(ii) such person knows or has reason to know is prohibited from\npossessing a rifle, shotgun or firearm pursuant to a temporary or final\nextreme risk protection order issued under article sixty-three-A of the\ncivil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9);\nor (iii) such person knows or has reason to know is prohibited from\npossessing a rifle, shotgun or firearm based on a conviction for a\nfelony or a serious offense, shall store or otherwise leave such rifle,\nshotgun or firearm out of his or her immediate possession or control\nwithout having first securely locked such rifle, shotgun or firearm in\nan appropriate safe storage depository or rendered it incapable of being\nfired by use of a gun locking device appropriate to that weapon.\n  2. No person shall store or otherwise leave a rifle, shotgun, or\nfirearm out of such person's immediate possession or control inside a\nvehicle without first removing the ammunition from and securely locking\nsuch rifle, shotgun, or firearm in an appropriate safe storage\ndepository out of sight from outside of the vehicle; provided, however,\nthis subdivision shall not apply to a police officer as such term is\ndefined in subdivision thirty-four of section 1.20 of the criminal\nprocedure law, a qualified law enforcement officer authorized to carry\nconcealed firearms pursuant to 18 U.S.C. 926B, or a person in the\nmilitary service of the United States or the state of New York when such\npolice officer, qualified law enforcement officer, or person in such\nmilitary service is acting in the course of such person's official duty\nor employment and otherwise complying with any applicable standards or\nrequirements pertaining to the storage of such rifle, shotgun, or\nfirearm.\n  3. For purposes of this section "safe storage depository" shall mean a\nsafe or other secure container which, when locked, is incapable of being\nopened without the key, keypad, combination or other unlocking mechanism\nand is capable of preventing an unauthorized person from obtaining\naccess to and possession of the weapon contained therein and shall be\nfire, impact, and tamper resistant. Nothing in this section shall be\ndeemed to affect, impair or supersede any special or local act relating\nto the safe storage of rifles, shotguns or firearms which impose\nadditional requirements on the owner or custodian of such weapons. For\nthe purposes of subdivision two of this section, a glove compartment or\nglove box shall not be considered an appropriate safe storage\ndepository.\n  4. It shall not be a violation of this section to allow a person less\nthan eighteen years of age access to: (i) a firearm, rifle or shotgun\nfor lawful use as authorized under paragraph seven or seven-e of\nsubdivision a of section 265.20 of this article, or (ii) a rifle or\nshotgun for lawful use as authorized by article eleven of the\nenvironmental conservation law when such person less than eighteen years\nof age is the holder of a hunting license or permit and such rifle or\nshotgun is used in accordance with such law.\n  Failure to safely store rifles, shotguns, and firearms in the first\ndegree is a class A misdemeanor.\n