N.Y. Penal Law § 265.45: Failure to safely store rifles, shotguns, and firearms in the first degree

§ 265.45 Failure to safely store rifles, shotguns, and firearms in the

first degree.

1. No person who owns or is custodian of a rifle, shotgun or firearm

who resides with an individual who: (i) is under eighteen years of age;

(ii) such person knows or has reason to know is prohibited from

possessing a rifle, shotgun or firearm pursuant to a temporary or final

extreme risk protection order issued under article sixty-three-A of the

civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9);

or (iii) such person knows or has reason to know is prohibited from

possessing a rifle, shotgun or firearm based on a conviction for a

felony or a serious offense, shall store or otherwise leave such rifle,

shotgun or firearm out of his or her immediate possession or control

without having first securely locked such rifle, shotgun or firearm in

an appropriate safe storage depository or rendered it incapable of being

fired by use of a gun locking device appropriate to that weapon.

2. No person shall store or otherwise leave a rifle, shotgun, or

firearm out of such person's immediate possession or control inside a

vehicle without first removing the ammunition from and securely locking

such rifle, shotgun, or firearm in an appropriate safe storage

depository out of sight from outside of the vehicle; provided, however,

this subdivision shall not apply to a police officer as such term is

defined in subdivision thirty-four of section 1.20 of the criminal

procedure law, a qualified law enforcement officer authorized to carry

concealed firearms pursuant to 18 U.S.C. 926B, or a person in the

military service of the United States or the state of New York when such

police officer, qualified law enforcement officer, or person in such

military service is acting in the course of such person's official duty

or employment and otherwise complying with any applicable standards or

requirements pertaining to the storage of such rifle, shotgun, or

firearm.

3. For purposes of this section "safe storage depository" shall mean a

safe or other secure container which, when locked, is incapable of being

opened without the key, keypad, combination or other unlocking mechanism

and is capable of preventing an unauthorized person from obtaining

access to and possession of the weapon contained therein and shall be

fire, impact, and tamper resistant. Nothing in this section shall be

deemed to affect, impair or supersede any special or local act relating

to the safe storage of rifles, shotguns or firearms which impose

additional requirements on the owner or custodian of such weapons. For

the purposes of subdivision two of this section, a glove compartment or

glove box shall not be considered an appropriate safe storage

depository.

4. It shall not be a violation of this section to allow a person less

than eighteen years of age access to: (i) a firearm, rifle or shotgun

for lawful use as authorized under paragraph seven or seven-e of

subdivision a of section 265.20 of this article, or (ii) a rifle or

shotgun for lawful use as authorized by article eleven of the

environmental conservation law when such person less than eighteen years

of age is the holder of a hunting license or permit and such rifle or

shotgun is used in accordance with such law.

Failure to safely store rifles, shotguns, and firearms in the first

degree is a class A misdemeanor.