Overview of PL 265.45
New York Penal Law Section 265.45, titled "Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree," imposes safe storage obligations on a person who owns or has custody of a rifle, shotgun, or firearm and resides with an individual who is prohibited from possessing firearms, including a person under eighteen, a person subject to an extreme risk protection order, or a person the owner knows or has reason to know is prohibited from possession due to a conviction.[1] Originally enacted as part of the NY SAFE Act in 2013 and significantly expanded by the Concealed Carry Improvement Act (CCIA) in 2022, this statute addresses two distinct storage scenarios: residential storage around vulnerable individuals and vehicle storage.[2]
Residential Storage Requirements (Subdivision 1)
Under Subdivision 1, no person who owns or is custodian of a rifle, shotgun, or firearm and who resides with an individual who is (i) under eighteen years of age or (ii) prohibited from possessing a firearm under a temporary or final extreme risk protection order or federal law may store or otherwise leave such weapon out of his or her immediate possession or control without first securing it.[1]
The statute requires that the firearm be either:
- Securely locked in an appropriate "safe storage depository," or
- Rendered incapable of being fired by use of a gun locking device appropriate to that weapon.[3]
Defining "Safe Storage Depository"
The statute defines a "safe storage depository" as a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination, or other unlocking mechanism. The container must be capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and must be fire, impact, and tamper resistant.[1]
Defining "Gun Locking Device"
A "gun locking device" is an integrated design feature or an attachable accessory that is resistant to tampering and is effective in preventing the discharge of a rifle, shotgun, or firearm by a person who does not have access to the key, combination, or other mechanism used to disengage the device.[4]
Note: PL 265.45 also applies when the owner resides with a person who is prohibited from possessing firearms under federal law (18 U.S.C.), not only when a minor under 18 is present. The safe storage obligation therefore extends to households containing any federally prohibited person, not just households with children.
Vehicle Storage Requirements (Subdivision 2)
Subdivision 2 addresses firearms left inside vehicles. No person may store or otherwise leave a rifle, shotgun, or firearm out of such person's immediate possession or control inside a vehicle without first:
- Removing all ammunition from the firearm,
- Securely locking the firearm in an appropriate safe storage depository, and
- Ensuring the firearm is out of sight from outside the vehicle.[1]
A glove compartment or glove box is explicitly excluded from qualifying as an appropriate safe storage depository.[5]
Exceptions
The vehicle storage provision does not apply to police officers as defined in CPL Section 1.20(34), qualified law enforcement officers authorized to carry concealed firearms under 18 U.S.C. 926B, or persons in military service of the United States or the State of New York when acting in the course of official duty.[1]
It is also not a violation to allow a person under eighteen access to a firearm, rifle, or shotgun for lawful use as authorized under PL 265.20(a)(7) or (7-e), or to allow a minor holding a hunting license access to a rifle or shotgun for lawful use under Article 11 of the Environmental Conservation Law.[3]
Penalties
Failure to safely store rifles, shotguns, and firearms in the first degree under PL 265.45 is a class A misdemeanor.[1] A class A misdemeanor in New York carries a maximum sentence of up to one year in jail, up to three years of probation, and/or a fine of up to $1,000.[6]
Legislative History
New York's safe storage requirements were first introduced through the SAFE Act (Secure Ammunition and Firearms Enforcement Act) in 2013.[7] The statute was significantly amended by Chapter 371 of the Laws of 2022, part of the Concealed Carry Improvement Act (CCIA), which expanded the residential storage requirements to apply when residing with anyone under 18 (previously the threshold was 16) and added the vehicle storage subdivision.[2] Further technical amendments were made by Chapter 55 of the Laws of 2023.[8]