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.

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Legal Scenario: What Would You Do?

Scenario

After returning from a hunting trip, you left your shotgun leaning against the wall in your bedroom closet rather than locking it in your gun safe because you planned to clean it the next morning. Your neighbor's 14-year-old child, who was visiting your home, discovered the unsecured shotgun and you are now facing criminal charges under New York law.

Can I really be charged with a crime just for not locking up my shotgun inside my own home?

Attorney's Answer

Yes — under NY Penal Law § 265.45, you are required to store rifles, shotguns, and firearms in a safe storage depository or secure them with an appropriate locking device when you know or should know that a person under 16 may gain access to the weapon. A violation is a class A misdemeanor, carrying up to one year in jail and a fine of up to $1,000. The law does not require that anyone actually be harmed; the mere failure to properly secure the firearm when a minor could access it is enough to sustain the charge. An experienced defense attorney can examine whether the storage location met the statutory definition of a 'safe storage depository' and whether you had reason to know a minor could access the weapon, both of which are critical to building your defense.

This is general information only. Contact us for advice specific to your situation.

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