§ 265.46 Failure to safely store rifles, shotguns, and firearms in the\n second degree.\n No person who owns or is custodian of a rifle, shotgun or firearm and\nknows, or has reason to know, that a person less than sixteen years of\nage is likely to gain access to such rifle, shotgun or firearm shall\nstore or otherwise leave such rifle, shotgun or firearm out of his or\nher immediate possession or control without having first securely locked\nsuch rifle, shotgun or firearm in an appropriate safe storage depository\nor rendered it incapable of being fired by use of a gun locking device\nappropriate to that weapon. For purposes of this section "safe storage\ndepository" shall have the same meaning as such term is defined in\nsection 265.45 of this article. Nothing in this section shall be deemed\nto affect, impair or supersede any special or local act relating to the\nsafe storage of rifles, shotguns or firearms which impose additional\nrequirements on the owner or custodian of such weapons.\n It shall not be a violation of this section to allow a person less\nthan sixteen years of age access to: (i) a firearm, rifle or shotgun for\nlawful use as authorized under paragraph seven or seven-e of subdivision\na of section 265.20 of this article, or (ii) a rifle or shotgun for\nlawful use as authorized by article eleven of the environmental\nconservation law when such person less than sixteen years of age is the\nholder of a hunting license or permit and such rifle or shotgun is used\nin accordance with such law.\n Failure to safely store rifles, shotguns, and firearms in the second\ndegree is a violation punishable only by a fine of not more than two\nhundred fifty dollars.\n
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