Firearm Storage Requirements in New York

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). New York State's gun safety site dates the vehicle and home storage requirements under Penal Law 265.45 to September 1, 2022.

A citation note: some official materials pair "Penal Law 265.45 and 265.50" when describing safe storage. The DCJS and State Police "Minimum Standards" training document lists the storage topic that way, and the NYPD License Division rule at 38 RCNY 5-01(a) refers to "the safeguarding requirements set forth in 265.45 and 265.50 of the Penal Law (Failure to safely store rifles, shotguns, and firearms in the first and second degree, respectively)". 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, rifle or shotgun, 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

Each storage offense carries the same exception, measured against its own age threshold. It is not a violation of Penal Law 265.45 to allow a person under eighteen, or of Penal Law 265.46 to allow a person under sixteen, access to a firearm, rifle, or shotgun for lawful use authorized under paragraph seven or seven-e of subdivision (a) of Penal Law 265.20, or to a rifle or shotgun for lawful use under Article 11 of the Environmental Conservation Law when that person 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)). State guidance says a plastic or aluminum, lockable, hard-sided gun case or safe will suffice, provided it is locked and out of sight from outside the vehicle.

This requirement is triggered only when the weapon is left out of the person's immediate possession or control. State guidance puts it this way: if an adult remains with the vehicle to ensure security, a case or safe is not required. That is the state floor, not the whole rule. The same guidance warns that local rules for traveling with firearms also apply and may be more restrictive, and gives New York City as the example, where all guns must be unloaded, in a case, and out of sight even when you are with the vehicle. 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 that person's official duty or employment and otherwise complying with any applicable standards or requirements for storing the weapon.

New York City Is Separate and Stricter

State storage law is a floor, not a ceiling. Penal Law 265.45(3) and 265.46 each provide that nothing in those sections affects, impairs, or supersedes "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", and New York State lists ensuring that local safe storage laws are not preempted by the SAFE Act among the amendments to that law. A stricter local storage rule still applies on top of the state minimum.

New York City is the clearest example. It regulates handgun possession, licensing, and storage separately from the rest of the state, through the Rules of the City of New York (Title 38) and the Administrative Code, enforced by the NYPD License Division rather than a county licensing officer. Under 38 RCNY 5-01(a), a premises licensee must safeguard the handgun in a locked container and use a safety locking device whenever it is out of the licensee's immediate possession or control, expressly in addition to the Penal Law storage requirements. The conditions of issuance at 38 RCNY 5-22 bar leaving a handgun in an auto or anywhere an unauthorized person may readily obtain it, and bar leaving it out of immediate possession or control without rendering it inoperable with a safety locking device. The NYPD rule states that a violation is a misdemeanor where the licensee has previously been found guilty of it or the circumstances create a substantial risk of physical injury to another person, citing the Administrative Code provision that carries that grading. Under 38 RCNY 5-25, a licensee who obtains a handgun must purchase or obtain a safety locking device at the time of acquisition. The Administrative Code sections those rules rest on are not reproduced here, so read them on the City's site before relying on the grading. 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.