N.Y. Penal Law Section 265.51
Failure to safely store rifles, shotguns, and firearms when accessible by a minor or prohibited person

1.

For the purposes of this section, the following terms shall have the following meanings:

(a)

“prohibited person” shall mean any person who is prohibited from possessing a rifle, shotgun or firearm under state or federal law; and

(b)

“minor” shall mean an individual under eighteen years of age.

2.

A person is guilty of failure to safely store rifles, shotguns, and firearms accessible to a minor or a prohibited person when:

(a)

such person stores or otherwise leaves any rifle, shotgun or firearm in violation of section 265.45 of this article in any location where the owner or custodian of the rifle, shotgun, or firearm knows or has reason to know that a minor or a prohibited person is likely to gain access to such rifle, shotgun or firearm; and

(b)

a minor or a prohibited person gains access to such rifle, shotgun or firearm.

3.

It shall not be a violation of this section:

(a)

if the minor or prohibited person obtained the firearm, rifle, or shotgun as a result of unlawful entry by any person; or

(b)

if the minor or prohibited person obtains the firearm, rifle, or shotgun in a lawful act of self-defense or defense of another person.

4.

It shall not be a violation of this section to allow a person less than eighteen years of age access to:

(a)

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

(b)

a rifle or shotgun for lawful use as authorized by article eleven of the environmental conservation law when such person less than eighteen 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 when accessible by a minor or prohibited person is a class A misdemeanor. * NB Effective January 19, 2027

Source: Section 265.51 — Failure to safely store rifles, shotguns, and firearms when accessible by a minor or prohibited person, https://www.­nysenate.­gov/legislation/laws/PEN/265.­51 (updated Oct. 23, 2026; accessed Oct. 24, 2026).

265.00
Definitions 265.01
Criminal possession of a weapon in the fourth degree 265.01–A
Criminal possession of a weapon on school grounds 265.01–B
Criminal possession of a firearm 265.01–C
Criminal possession of a rapid-fire modification device 265.01–D
Criminal possession of a weapon in a restricted location 265.01–E
Criminal possession of a firearm, rifle or shotgun in a sensitive location 265.02
Criminal possession of a weapon in the third degree 265.03
Criminal possession of a weapon in the second degree 265.04
Criminal possession of a weapon in the first degree 265.05
Unlawful possession of weapons by persons under sixteen 265.06
Unlawful possession of a weapon upon school grounds 265.07
Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers 265.08
Criminal use of a firearm in the second degree 265.09
Criminal use of a firearm in the first degree 265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances 265.11
Criminal sale of a firearm in the third degree 265.12
Criminal sale of a firearm in the second degree 265.13
Criminal sale of a firearm in the first degree 265.14
Criminal sale of a firearm with the aid of a minor 265.15
Presumptions of possession, unlawful intent and defacement 265.16
Criminal sale of a firearm to a minor 265.17
Criminal purchase or disposal of a weapon 265.19
Aggravated criminal possession of a weapon 265.20
Exemptions 265.25
Certain wounds to be reported 265.26
Burn injury and wounds to be reported 265.30
Certain convictions to be reported 265.35
Prohibited use of weapons 265.37
Unlawful possession of certain ammunition feeding devices 265.38
Unlawful sale of a non-microstamping-enabled firearm 265.40
Purchase of rifles and/or shotguns in contiguous states 265.45
Failure to safely store rifles, shotguns, and firearms in the first degree 265.46
Failure to safely store rifles, shotguns, and firearms in the second degree 265.50
Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun 265.51
Failure to safely store rifles, shotguns, and firearms when accessible by a minor or prohibited person 265.55
Criminal possession of an undetectable firearm, rifle or shotgun 265.60
Criminal sale of a ghost gun in the second degree 265.61
Criminal sale of a ghost gun in the first degree 265.63
Criminal sale of a frame or receiver in the second degree 265.64
Criminal sale of a frame or receiver in the first degree 265.65
Criminal purchase of a semiautomatic rifle 265.66
Criminal sale of a semiautomatic rifle
Green check means up to date. Up to date

Verified:
Oct. 24, 2026

Last modified:
Oct. 23, 2026

§ 265.51. Failure to safely store rifles, shotguns, & firearms when accessible by a minor or prohibited person's source at nysenate​.gov

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