16 May 23

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

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Last Updated on: 3rd June 2023, 09:32 pm

The Utmost Importance of Safe Storage for Rifles, Shotguns, and Firearms

One critical matter that every responsible gun owner must prioritize is the safe storage of rifles, shotguns, and firearms. The security and well-being of your loved ones depend on your diligence in keeping these potentially deadly weapons out of the reach of unauthorized individuals. At Spodek Law Group, we understand the gravity of this issue and are wholeheartedly dedicated to helping gun owners comply with New York state law requirements.

The Definition of Safe Storage Depository

As stated in the New York Penal Code § 265.45, a safe storage depository is defined as a secure container, like a safe, that can only be opened using a designated unlocking mechanism such as a key or combination code. The container must also possess the capability to prevent unauthorized access by anyone who should not possess the weapon contained within it.

The Dire Consequences of Improper Safe Storage

Failure to securely store your firearm according to New York state law requirements could result in a costly mistake – misdemeanor charges under New York Penal Code § 265.45. This becomes particularly crucial if you live with someone who isn’t legally permitted to possess firearms in your household. It’s important to note that individuals convicted of crimes specified in subdivision one of section 370.15 criminal procedure law are considered “not legally permitted” even if they reside with someone who owns firearms.

Real-Life Scenarios of Safe Storage Violations

Imagine Jared playing with his father’s loaded firearm without proper authorization and accidentally injuring his friend Yande at home. Jared’s father kept the gun in a locked case but left it unlocked for easy access by Jared himself; however, he couldn’t be prosecuted under safe storage statutes.

In another case, imagine Manolo stealing Gustavo’s hunting rifles from his locked gun locker despite Manolo not being legally allowed possession due to prior convictions. Gustavo may face charges if he cannot prove that Manolo had no other way of accessing the locker.

Related Offenses

New York Penal Code § 265.01-a criminalizes possession of a weapon on school grounds, and New York Penal Code § 265.13 criminalizes the sale of firearms in the first degree.

Possible Defenses

If an unauthorized individual gains access to your firearm despite your best efforts to secure it, that could be a plausible defense against safe storage charges. At Spodek Law Group, our expert team is ready to assist you in navigating your defense strategy and securing the best possible outcome for your case.

The Sentence

A violation of safe storage laws is considered a class A misdemeanor, punishable by up to one year in jail and a three-year probation term. Don’t risk endangering the lives of those you love; contact Spodek Law Group and Attorney Todd Spodek immediately to guarantee that your firearms are stored safely and in a legally compliant manner.

Safe Storage Depository Requirements Table:

Container Type Locking Mechanism Security Level
Safe or other secure container Key, combination, or other unlocking mechanism Incapable of being opened without unlocking mechanism and capable of preventing unauthorized access

Why Choose Spodek Law Group?

At Spodek Law Group, our team is comprised of highly skilled professionals with extensive experience in handling legal matters relating to safe storage laws for rifles, shotguns, and firearms. Our unparalleled professionalism and profound understanding of these laws enable us to provide our clients with exceptional service and guidance.

We care passionately about our clients’ safety and well-being, and our emotionally-charged language demonstrates our commitment and expertise in handling any legal situation they may face.

Don’t hesitate to contact Spodek Law Group and Attorney Todd Spodek if you require assistance ensuring that your firearms comply with state law requirements regarding safe storage regulations. We are committed to helping you navigate the complexities of the legal system while offering the absolute best possible outcomes for all cases involving rifles, shotguns & firearms.

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

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