New York's Two Safe-Storage Offenses
Penal Law Section 265.45 is titled "Failure to safely store rifles, shotguns, and firearms in the first degree." Penal Law Section 265.46 is titled the same offense "in the second degree." The sections cover different circumstances and carry different penalties.[1][2]
First Degree: Covered Households and Vehicles
The household rule in Section 265.45 applies when an owner or custodian resides with a person who is under eighteen. It also applies when the owner or custodian knows or has reason to know that a co-resident is prohibited by a temporary or final extreme-risk-protection order, by 18 U.S.C. Section 922(g)(1), (4), (8), or (9), or because of a felony or serious-offense conviction. In those circumstances, a rifle, shotgun, or firearm outside the owner's immediate possession or control must be locked in an appropriate safe-storage depository or rendered incapable of being fired with an appropriate gun-locking device.[1]
Section 265.45 separately requires a rifle, shotgun, or firearm left outside a person's immediate possession or control inside a vehicle to be unloaded, locked in an appropriate safe-storage depository, and concealed from outside view. The statute lists limited on-duty exceptions. A violation of Section 265.45 is a Class A misdemeanor.[1]
Second Degree: Likely Access by a Child Under 16
Section 265.46 applies when an owner or custodian knows or has reason to know that a person under sixteen is likely to gain access to a rifle, shotgun, or firearm. It does not require the owner and child to reside together. When that access condition exists, a covered weapon outside the owner's immediate possession or control must be locked in an appropriate safe-storage depository or rendered incapable of being fired with an appropriate gun-locking device. The offense is a violation punishable only by a fine of no more than $250.[2]
What Qualifies as a Safe-Storage Depository
A safe-storage depository must be a safe or other secure container that cannot be opened while locked without its key, keypad, combination, or other unlocking mechanism, can prevent an unauthorized person from obtaining access to and possession of the weapon, and is fire, impact, and tamper resistant. A glove compartment or glove box does not qualify for the vehicle-storage rule.[1]
Lawful Youth Activities
Sections 265.45 and 265.46 preserve access for lawful supervised range activities authorized by paragraphs 7 and 7-e of Penal Law Section 265.20. They separately preserve lawful rifle or shotgun use under Article 11 of the Environmental Conservation Law when the minor holds the required hunting license or permit and follows that law.[3]
Local Requirements May Be Stricter
Neither section supersedes a special or local safe-storage law that imposes additional requirements. Owners and custodians must therefore check applicable local rules as well as the statewide statutes.[1]