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This entry was published on 2022-09-02
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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.

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 his or her 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.

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.