NY Penal Law § 265.45: Safe Storage of Rifles, Shotguns, and Firearms.

Many of the most tragic accidents connected to the use of guns occurred because a gun was not securely stored. It is for this reason that New York has very detailed requirements as to how you must store your rifles, shotguns and other firearms. If you neglect to do this properly, you have committed a crime.

Definition of a “Safe Storage Depository”

For purposes of this charge, the term “safe storage depository” refers to a safe or other secure container which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein.

You could face a misdemeanor charge under New York Penal Code § 265.45 if you own a firearm, shotgun, or rifle and live with at least one other person who is not legally permitted to possess a firearm, shotgun or rifle and you fail to safely store and secure that weapon.

Who Is Considered “Not Legally Permitted”

It is important to note that, according to this section, a person who is not legally permitted to possess a firearm is a person who has been convicted of a crime included in subdivision one of section 370.15 of the criminal procedure law and such gun is possessed within five years from the later of the date of conviction or completion of sentence.

Examples

Example 1: Jared’s Case