PL 265.45 Failure to safely store rifles, shotguns, and firearms in the first degree

	PL 265.45 Failure to safely store rifles, shotguns, and firearms in the first degree	Class A misdemeanor
§ 265.45 Failure to safely store rifles, shotguns, and firearms in the first degree. No person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who: (i) is under sixteen years of age; (ii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm pursuant to a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm based on a conviction for a felony or a serious offense, shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon. For purposes of this section "safe storage depository" shall mean 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. Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons. It shall not be a violation of this section to allow a person less than sixteen years of age access to: (i) a firearm, rifle or shotgun for lawful use as authorized under paragraph seven or seven-e of subdivision a of section 265.20 of this article, or (ii) a rifle or shotgun for lawful use as authorized by article eleven of the environmental conservation law when such person less than sixteen years of age is the holder of a hunting license or permit and such rifle or shotgun is used in accordance with such law. Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor. (As amended by L.2019 c.135 effective 09/28/19)

Class A misdemeanor

§ 265.45 Failure  to  safely store rifles, shotguns, and firearms in the
             first degree.
  No person who owns or is custodian of a rifle, shotgun or firearm  who
resides  with an individual who: (i) is under sixteen years of age; (ii)
such person knows or has reason to know is prohibited from possessing  a
rifle,  shotgun or firearm pursuant to a temporary or final extreme risk
protection  order  issued  under  article  sixty-three-A  of  the  civil
practice  law  and  rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or
(iii) such person knows  or  has  reason  to  know  is  prohibited  from
possessing  a  rifle,  shotgun  or  firearm  based on a conviction for a
felony or a serious offense, shall store or otherwise leave such  rifle,
shotgun  or  firearm  out  of his or her immediate possession or control
without having first securely locked such rifle, shotgun or  firearm  in
an appropriate safe storage depository or rendered it incapable of being
fired  by  use  of  a gun locking device appropriate to that weapon. For
purposes of this section "safe storage depository" shall mean 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. Nothing in this section
shall be deemed to affect, impair or supersede any special or local  act
relating  to  the  safe  storage  of  rifles, shotguns or firearms which
impose additional  requirements  on  the  owner  or  custodian  of  such
weapons.
  It  shall  not  be  a violation of this section to allow a person less
than sixteen years of age access to: (i) a firearm, rifle or shotgun for
lawful use as authorized under paragraph seven or seven-e of subdivision
a of section 265.20 of this article, or (ii)  a  rifle  or  shotgun  for
lawful  use  as  authorized  by  article  eleven  of  the  environmental
conservation law when such person less than sixteen years of age is  the
holder  of a hunting license or permit and such rifle or shotgun is used
in accordance with such law.
  Failure to safely store rifles, shotguns, and firearms  in  the  first
degree is a class A misdemeanor.
(As amended by L.2019 c.135 effective 09/28/19)

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