N.Y. Penal Law § 265.46: Failure to safely store rifles, shotguns, and firearms in the second degree

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

second degree.

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

knows, or has reason to know, that a person less than sixteen years of

age is likely to gain access to such rifle, shotgun or firearm 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. For purposes of this section "safe storage

depository" shall have the same meaning as such term is defined in

section 265.45 of this article. 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.

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

than sixteen 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 sixteen 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 second

degree is a violation punishable only by a fine of not more than two

hundred fifty dollars.