Safe storage law in New York City
Two rules stack in New York City. Under Penal Law §265.45, anyone who owns or lawfully keeps a firearm and lives with a person under eighteen, a person subject to an extreme risk protection order, or a person prohibited from possessing a firearm must keep it locked in a safe storage depository or disabled by a gun locking device when it is not in their immediate possession or control. New York City Administrative Code §10-312 goes further: it requires a safety locking device whenever a weapon is out of the owner's immediate possession or control, regardless of who else lives there.
01The state duty is conditional
A person who owns or is the lawful custodian of a rifle, shotgun or firearm and who resides with a person under eighteen, a person subject to an extreme risk protection order, or a person who has been convicted of a felony or serious offense or is otherwise prohibited from possessing a firearm under state or federal law, must not leave the weapon out of their immediate possession or control without having it securely locked in an appropriate safe storage depository or rendered incapable of being fired by a gun locking device. The offense is a class A misdemeanor.
Section 265.45(3) defines 'safe storage depository' and expressly excludes glove compartments.
Section 265.45(4) provides an exception for a person under eighteen lawfully hunting or using a firearm under Environmental Conservation Law authority.
02The New York City duty is not
A licensee living alone in Manhattan is subject to the City rule even though the state rule's trigger conditions are not met. This is the practical baseline for anyone licensed in the five boroughs.
New York City makes it unlawful for the lawful owner or custodian of a weapon to store, place or leave the weapon out of their immediate possession or control without having rendered it inoperable by employing a safety locking device. Unlike the state provision, this duty does not depend on who else lives in the home.
03A citation error worth knowing
Published sources — including Giffords' New York safe-storage page — cite Penal Law §265.50 alongside §265.45 for safe-storage penalties. That is wrong. Section 265.50 is criminal manufacture, sale or transport of an undetectable firearm, a class D felony with nothing to do with storage. Section 265.45 is the state safe-storage offense.
One further oddity: §265.45 is titled 'failure to safely store... in the first degree,' which implies a second degree that does not appear to exist in the Penal Law. Treat §265.45 as the sole state safe-storage offense.
Penal Law §265.50 is criminal manufacture, sale or transport of an undetectable firearm, rifle or shotgun — a class D felony. It is not a safe-storage provision.
04Related obligations
A New York firearms seller must provide a gun locking device to the purchaser at the point of sale and affix the required label. The device must be resistant to tampering and effective in preventing discharge by a person without the key, combination or other mechanism used to disengage it. The seller must also post a conspicuous point-of-sale notice stating that responsible firearm storage is the law in New York State and that improper storage may result in imprisonment, a fine, or both.
Do I have to lock up my gun in New York City if I live alone?
Yes. New York City Administrative Code §10-312 requires a safety locking device whenever the weapon is out of your immediate possession or control, regardless of who else lives in the home. The state rule at Penal Law §265.45 is narrower and applies only when you reside with a minor, a person subject to an ERPO, or a prohibited person.
Is a glove compartment a legal place to store a handgun?
No. Penal Law §265.45(3) expressly excludes glove compartments from the definition of a safe storage depository.
What is the penalty for failing to store a firearm safely?
Failure to safely store under Penal Law §265.45 is a class A misdemeanor.
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