New York statute
N.Y. Penal Law § 265.46 — Failure to safely store rifles, shotguns, and firearms in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 265: Firearms and Other Dangerous Weapons, New York Penal Law.
Full text of N.Y. Penal Law § 265.46
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
265.46 Failure to safely store rifles, shotguns, and firearms in the
second degree.
No person who owns or is custodian of a rifle, shotgun or firearm and
knows, or has reason to know, that a person less than sixteen years of
age is likely to gain access to such rifle, shotgun or firearm 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 have the same meaning as such term is defined in
section 265.45 of this article. 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 second
degree is a violation punishable only by a fine of not more than two
hundred fifty dollars.
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This reference is informational and is not legal advice.