Firearm Storage Requirements in New York

New York requires firearms to be secured against access by children and prohibited persons, and imposes a separate rule for firearms left in vehicles. The core safe-storage offenses are codified in the Penal Law as "Failure to safely store rifles, shotguns, and firearms" in the first degree (Penal Law 265.45) and in the second degree (Penal Law 265.46). These provisions took effect as amended on September 1, 2022, as part of the legislation signed in 2022.

A citation note: some older guidance, including the State Police "Minimum Standards" training document, pairs "Penal Law 265.45 and 265.50" when describing safe storage. Under the current Penal Law, the storage offenses are 265.45 and 265.46. Penal Law 265.50 is a different statute (criminal manufacture, sale, or transport of an undetectable firearm, a class D felony) and does not govern everyday storage. Rely on 265.45 and 265.46 for storage duties.

Home Storage

Under Penal Law 265.45 (first degree), a person who owns or is the custodian of a rifle, shotgun, or firearm and who resides with any of the following individuals must secure the weapon before leaving it out of immediate possession or control:

• A person under eighteen years of age.
• A person the owner knows, or has reason to know, is prohibited from possessing a firearm under a temporary or final extreme risk protection order (issued under Article 63-A of the Civil Practice Law and Rules) or under 18 U.S.C. 922(g)(1), (4), (8), or (9).
• A person the owner knows, or has reason to know, is prohibited from possessing a firearm based on a conviction for a felony or a serious offense.

When that duty applies, the firearm must either be:

1. Securely locked in an appropriate safe storage depository, or
2. Rendered incapable of being fired by use of a gun locking device appropriate to that weapon.

Penal Law 265.45 defines a "safe storage depository" as a safe or other secure container that, when locked, cannot be opened without the key, keypad, combination, or other unlocking mechanism, that is capable of preventing an unauthorized person from gaining access to the weapon, and that is fire, impact, and tamper resistant.

A violation of Penal Law 265.45 (first degree) is a class A misdemeanor.

Second-Degree Storage Offense (Children Under 16)

Penal Law 265.46 (second degree) applies more broadly to children. A person who owns or is the custodian of a rifle, shotgun, or firearm and who knows, or has reason to know, that a person under sixteen years of age is likely to gain access to it must not leave the weapon out of immediate possession or control without first locking it in an appropriate safe storage depository (same definition as in 265.45) or rendering it incapable of being fired with an appropriate gun locking device.

A violation of Penal Law 265.46 (second degree) is a violation (not a misdemeanor), punishable only by a fine of not more than $250.

Hunting and Youth-Use Exception

Neither storage offense is violated by allowing a minor lawful access to a firearm, rifle, or shotgun authorized under paragraph seven or seven-e of subdivision (a) of Penal Law 265.20, or a rifle or shotgun for lawful use under Article 11 of the Environmental Conservation Law when the minor holds a hunting license or permit and uses the weapon in accordance with that law.

Vehicle Storage

Penal Law 265.45(2) sets a specific rule for firearms left in vehicles. No person may leave a rifle, shotgun, or firearm out of that person's immediate possession or control inside a vehicle unless the person first:

• Removes the ammunition from the weapon, and
• Securely locks the weapon in an appropriate safe storage depository that is out of sight from outside the vehicle.

A glove compartment or glove box does not qualify as an appropriate safe storage depository for this purpose (Penal Law 265.45(3)). A lockable, hard-sided case or safe that meets the fire, impact, and tamper-resistant definition and is kept out of sight does qualify.

This requirement is triggered only when the weapon is left out of the person's immediate possession or control. If you remain with the firearm and keep it in your immediate possession or control, the locked-depository requirement in subdivision (2) is not triggered, though securing the firearm is always the safer practice.

The vehicle provision does not apply to a police officer (as defined in subdivision 34 of section 1.20 of the Criminal Procedure Law), a qualified law enforcement officer authorized to carry under 18 U.S.C. 926B, or a person in the military service of the United States or New York State, when acting in the course of official duty and otherwise complying with applicable storage standards.

New York City Is Separate and Stricter

New York City regulates handgun possession, licensing, and storage separately from, and more strictly than, the rest of the state. City rules are found in the New York City Administrative Code (including section 10-131) and the Rules of the City of New York (Title 38), and they are enforced by the NYPD License Division rather than a county licensing officer. Penal Law 265.45(3) and 265.46 expressly preserve any special or local act that imposes additional storage requirements, so the City's rules apply on top of the state minimums. If you live in or carry through the five boroughs, confirm the current NYPD storage and transport rules directly; do not assume the statewide standard is sufficient there.

Federal Point-of-Sale Storage Device

Federal law adds one storage-related requirement at the point of sale. Under 18 U.S.C. 922(z), a licensed importer, manufacturer, or dealer may not sell, deliver, or transfer a handgun to a non-licensee unless the buyer is provided with a secure gun storage or safety device for that handgun (as defined in 18 U.S.C. 921(a)(34)). This is a dealer obligation at purchase, not an ongoing possession mandate, but it means a lock should come with any handgun bought from a dealer.

Training Coverage of Storage

New York's concealed carry license training, required under Penal Law 400.00(19) and administered by Duly Authorized Instructors under Penal Law 265.00(19), devotes a minimum of one hour to firearm safe-storage requirements and to general secure storage and transportation best practices. This is set by the statewide Minimum Standards for Concealed Carry Firearm Safety Training issued by the Division of Criminal Justice Services and the State Police on August 23, 2022.

Key Statutes

Penalties Summary

• First-degree failure to safely store (Penal Law 265.45): class A misdemeanor.
• Second-degree failure to safely store (Penal Law 265.46): violation, fine of not more than $250.

This page summarizes statutory storage duties and is not legal advice. Penal Law 265.45 and 265.46 contain the full definitions and exceptions, and New York City and other localities may impose additional requirements. Consult a qualified New York attorney about how these rules apply to your situation.