Gun Storage Laws and Accident Liability

Safe Storage Saves Lives and Prevents Tragedy

Every year, families across New York face heartbreak because someone left a gun where it didn’t belong. A weapon on a nightstand. A loaded rifle in a closet. A handgun in a glove compartment. It only takes a few seconds for curiosity or carelessness to turn into tragedy. Children, guests, and even trained adults can be victims when firearms aren’t stored safely.

At Horn Wright, LLP, our personal injury attorneys have seen how devastating these accidents can be. Many clients tell us the same thing, they never thought it could happen to them. But safe storage isn’t about fear. It’s about respect. A firearm isn’t a piece of furniture; it’s a responsibility.

When gun owners fail to store their weapons safely, they’re not just breaking the law, they’re endangering lives.

New York’s Requirements for Responsible Gun Storage

New York has some of the strongest firearm storage laws in the country, designed to keep guns out of the wrong hands and prevent accidental discharges. These rules are strict for good reason: they save lives.

Under New York Penal Law §265.45, gun owners must store firearms securely when they know or should reasonably know that a child under 18 could gain access. That means using a locking device, safe, or other secure container to prevent unauthorized handling.

Additional rules include:

• Firearms must be stored unloaded when not in use.
• Ammunition should be stored separately from firearms.
• If a gun owner lives with anyone prohibited from possessing a firearm, such as a felon, the weapon must be secured at all times.

These aren’t suggestions; they’re obligations. Failure to follow them can result in both criminal penalties and civil liability if someone is injured or killed because of unsafe storage.

New York’s laws strike a clear balance, citizens can own guns, but ownership comes with absolute responsibility to keep others safe.

When Improper Storage Leads to Accidental Injury

Firearm storage laws exist because mistakes have consequences. A loaded gun left in a drawer can end a child’s life. A weapon propped against a wall can fall, discharge, and cause permanent injury. Even experienced gun owners sometimes grow careless, assuming “it’s safe” for a moment. That moment is all it takes.

Accidents caused by improper storage often involve:

• Children finding and playing with loaded guns.
• House guests or relatives handling unsecured weapons.
• Guns left in vehicles or public spaces without locks.
• Weapons discharged during cleaning or moving.

In each of these scenarios, the same rule applies, the person who owned the gun had the power to prevent the accident. When they don’t take that responsibility seriously, New York law holds them accountable.

Our firm has represented families who never imagined they’d need a lawyer for something like this. What they wanted most wasn’t revenge, but recognition — an acknowledgment that the tragedy was preventable, that their pain mattered, and that it should never happen again.

How to Prove a Violation of Storage Regulations

To win a claim for negligent firearm storage, you need evidence that the gun owner violated safety or legal duties. Proving that requires more than sympathy, it requires facts, documentation, and credible witnesses.

Investigations typically include:

• Police reports, noting where and how the firearm was found.
• Photos or video evidence of the storage area.
• Statements from witnesses or investigators, describing the gun’s condition.
• Ownership and registration records, confirming control and access.
• Expert testimony on what constitutes reasonable safety practices.

In some cases, the absence of safety equipment is enough to establish negligence. If a child gained access to a loaded firearm without a trigger lock or safe, that’s a clear violation of New York law. The question then becomes not if the owner was negligent, but how much harm their negligence caused.

The burden of proof is high, but with careful legal work, it can be met. These cases succeed because facts don’t lie, the missing lock, the unlocked safe, the tragedy that followed.

In New Hampshire, Gun Storage Laws Are Less Comprehensive Than in New York

While New York takes firearm safety seriously, New Hampshire’s laws leave more room for error, and more danger for the public.

New Hampshire does not have a broad statewide requirement for locking up firearms in homes, even when children are present. It also lacks clear penalties for gun owners whose weapons are used by minors or unauthorized users. Most firearm safety in New Hampshire relies on voluntary behavior rather than enforceable law.

In contrast, New York’s legal framework is specific, enforceable, and protective. It gives victims clear avenues for recovery and sets firm expectations for all gun owners. The difference between the two states shows why policy matters, one treats safety as optional, the other as essential.

For New Yorkers, those stronger laws mean something powerful: accountability.

Compensation for Victims of Negligent Firearm Storage

After an accidental shooting caused by unsafe storage, the injuries are rarely minor. Survivors often face surgeries, permanent disabilities, or psychological trauma that lasts a lifetime. Families who lose loved ones face unimaginable grief.

Under New York’s civil laws, victims can recover compensation for:

• Medical expenses, including long-term rehabilitation and therapy.
• Lost wages and future earning potential.
• Pain and suffering, both physical and emotional.
• Property damage, if the firearm incident caused collateral loss.
• Wrongful death damages, for surviving family members.

Every dollar recovered carries weight. It represents accountability, healing, and acknowledgment that a preventable act had devastating consequences.

Money doesn’t erase pain, but it does help families rebuild. It allows them to afford medical care, therapy, and the time needed to focus on recovery instead of financial survival.

Legal Steps for Holding Irresponsible Gun Owners Accountable

Bringing a case for negligent firearm storage begins with swift action. Evidence fades quickly, police may clear scenes, weapons may be moved, and stories can shift. The first step is to preserve everything.

An attorney typically begins by:

1. Securing physical and photographic evidence of how the firearm was stored.
2. Interviewing witnesses who saw or handled the weapon.
3. Requesting police and medical reports.
4. Confirming ownership and insurance coverage.
5. Filing a negligence or wrongful death claim under New York law.

Most claims are settled through insurance, but some proceed to court if the negligence is severe or disputed. Either way, the goal is the same, to make sure those who failed to act responsibly are held to the full extent of the law.

Accountability isn’t punishment; it’s prevention. Every successful claim sends a message that firearm safety is non-negotiable.

Horn Wright, LLP, Enforces Accountability Under Gun Storage Laws

At Horn Wright, LLP, our personal injury attorneys believe every gun owner should live up to the responsibility that comes with owning a firearm. When that duty is ignored and someone is hurt, we step in to enforce accountability under New York’s strong storage laws.

We handle these cases with care, collecting evidence, consulting firearm experts, and ensuring victims’ voices are heard. Our work is about more than compensation. It’s about making communities safer and turning painful experiences into real change.

Because safe storage isn’t complicated — it’s a simple act that saves lives. And when that act is ignored, justice must follow.