Vehicle Storage Requirements

Vehicle Storage Under PL 265.45(2)

Subdivision 2 of Penal Law Section 265.45 establishes specific requirements for any person who stores or leaves a rifle, shotgun, or firearm inside a vehicle. This provision was added by the Concealed Carry Improvement Act (CCIA) in 2022 and applies statewide to all firearm owners, not just concealed carry license holders.^[1]

Three Mandatory Steps

Before leaving a firearm unattended in a vehicle, the owner must complete all three of the following steps:

1. Remove all ammunition from the rifle, shotgun, or firearm. The weapon must be completely unloaded before being stored in the vehicle.
2. Securely lock the firearm in an appropriate safe storage depository. The depository must be a safe or other secure container that, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism.
3. Ensure the firearm is out of sight from outside the vehicle. The weapon must not be visible to anyone looking into the vehicle from the exterior.^[1]

All three conditions must be met simultaneously. Locking a loaded firearm in a safe storage depository would still violate the statute because the ammunition was not removed. Similarly, unloading a firearm and placing it in a locked container that remains visible from outside the vehicle would also constitute a violation.^[2]

Glove Compartment Exclusion

The statute explicitly provides that a glove compartment or glove box shall not be considered an appropriate safe storage depository.^[1] This means that placing an unloaded firearm in a locked glove box does not satisfy the vehicle storage requirement, even if the glove box locks and the firearm is out of sight. Firearm owners must use a dedicated gun safe, lockbox, or other container meeting the statutory definition.^[3]

Safe Storage Depository Standard

To qualify under the statute, a safe storage depository must be a secure container that, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism. It must also be capable of preventing an unauthorized person from obtaining access to and possession of the weapon, and must be fire, impact, and tamper resistant.^[4] In practice, this means most vehicle console compartments, trunk spaces without a separate locked container, and soft-sided cases will not satisfy the requirement.

Law Enforcement and Military Exceptions

The vehicle storage requirement does not apply to:

• Police officers as defined in CPL Section 1.20(34),
• Qualified law enforcement officers authorized to carry concealed firearms under the federal Law Enforcement Officers Safety Act (18 U.S.C. 926B), or
• Persons in military service of the United States or the State of New York.^[1]

These exemptions apply only when such individuals are acting in the course of their official duty or employment and are otherwise complying with applicable standards or requirements pertaining to the storage of such firearms.^[5]

Penalties

A violation of the vehicle storage provision under PL 265.45 is classified as failure to safely store firearms in the first degree, a class A misdemeanor. Conviction may result in up to one year of incarceration, up to three years of probation, and/or a fine of up to $1,000.^[6]

Practical Compliance

Gun owners who need to leave firearms in vehicles should invest in a vehicle-rated gun safe or lockbox that bolts to the vehicle's frame or attaches via a cable. The container must meet the fire, impact, and tamper resistance standards specified in the statute. Portable lockboxes with key or combination locks that are TSA-compliant for air travel will generally satisfy the statutory definition, provided they are secured to prevent removal of the entire container. The New York State Office of Gun Safety provides additional resources and guidance on compliant storage methods.^[7]