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This entry was published on 2019-10-04
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SECTION 265.45
Failure to safely store rifles, shotguns, and firearms in the first degree
Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265
§ 265.45 Failure to safely store rifles, shotguns, and firearms in the

first degree.

No person who owns or is custodian of a rifle, shotgun or firearm who
resides with an individual who: (i) is under sixteen 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. 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, combination or other unlocking mechanism and is capable
of preventing an unauthorized person from obtaining access to and
possession of the weapon contained therein. 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 first
degree is a class A misdemeanor.