New York Penal Law Section 265.45 applies when a person stores or leaves a rifle, shotgun, or firearm outside the person's immediate possession or control inside a vehicle. The weapon must be unloaded, securely locked in an appropriate safe storage depository, and kept out of sight from outside the vehicle.[1]
Required Steps
- Remove the ammunition from the rifle, shotgun, or firearm.
- Securely lock the weapon in an appropriate safe storage depository.
- Place the depository where it cannot be seen from outside the vehicle.
The statute applies when the weapon is outside the person's immediate possession or control. It does not require a specific brand or a container marketed as TSA compliant. A locked container is compliant only if it satisfies New York's statutory definition.
What Counts as a Safe Storage Depository?
A safe storage depository is a safe or other secure container that, when locked, cannot be opened without its key, keypad, combination, or other unlocking mechanism. It must be capable of preventing unauthorized access and possession and must be fire, impact, and tamper resistant. A vehicle glove compartment or glove box does not qualify.[1]
Limited Official-Duty Exception
The vehicle-storage subdivision does not apply to a police officer, a qualified law-enforcement officer authorized under 18 U.S.C. Section 926B, or a member of the United States or New York military service only while that person is acting in the course of official duty or employment and complying with applicable weapon-storage standards. This is not a blanket exemption based only on employment or status. The text does not include qualified retired law-enforcement officers under 18 U.S.C. Section 926C.[1]
Penalty
A violation of Section 265.45 is failure to safely store rifles, shotguns, and firearms in the first degree, a Class A misdemeanor. Penal Law Section 70.15 sets the maximum jail term for a Class A misdemeanor at 364 days.[1][2]
Before Leaving the Vehicle
- Confirm that the weapon is unloaded.
- Use a locked depository that satisfies the New York definition.
- Keep the entire depository out of sight.
- Do not rely on a glove box or marketing label as proof of compliance.
- Check for stricter local rules or additional license conditions.