Section 339(a) of the Penal Law provides: a person who holds, leaves, or abandons a firearm, explosive material, or other material capable of causing harm to a person or endangering life, without taking reasonable precautions to prevent another person from using them to cause harm to himself or another, is liable to up to one year of imprisonment.
What does Section 339 of the Penal Law provide?
Section 339(a) of the Penal Law provides: a person who holds, leaves, or abandons a firearm, explosive material, or other material capable of causing harm to a person or endangering life, without taking reasonable precautions to prevent another person from using them to cause harm to himself or another, is liable to up to one year of imprisonment. This is a negligence offense: there is no need for intent and no need for actual harm to be caused. It is enough that the weapon was left in a way that allows another person to reach it.
The offense of the most law-abiding citizens
This is the only weapons offense committed specifically by lawful license holders: a handgun forgotten in a vehicle, a weapon left in a drawer at home with children instead of in a safe, a firearm forgotten in a bag, and in the most painful cases, a weapon that was lost or stolen due to negligent storage. With the significant increase in the number of weapon holders in recent years, enforcement of this offense has expanded greatly: every loss of a weapon and every report of an unsecured weapon opens a criminal investigation.
The consequences: beyond the criminal case
Alongside the criminal proceeding, neglect of safekeeping almost always leads to revocation of the weapon license and seizure of the weapon, and for professional weapon carriers, security guards, watchmen, security workers, also direct harm to their livelihood. The good news: in these cases, when it involves a law-abiding person and a one-time failure, there are real chances of ending the proceeding through a conditional arrangement or without a conviction, and later also of restoring the license, but this requires proper handling from the very first investigation, and not a hasty admission made out of embarrassment.
What should you do if the weapon was lost or stolen?
Report it immediately to the police as required by law, but remember: the report itself opens an investigation in which you are the suspect in neglecting safekeeping. Formulate the report and the statement with legal guidance: the details regarding the manner of storage, the safe, and the circumstances will determine whether the case is closed or matures into an indictment.
Legal representation
Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents weapon holders in cases of neglect of safekeeping and loss of a weapon, in the criminal proceeding and in licensing proceedings, with the aim of ending the case without a conviction and restoring the license. Contact us for advice before submitting the report or the statement.
What does Section 339 of the Penal Law provide?
Section 339(a) of the Penal Law provides: a person who holds, leaves, or abandons a firearm, explosive material, or other material capable of causing harm to a person or endangering life, without taking reasonable precautions to prevent another person from using them to cause harm to himself or another, is liable to up to one year of imprisonment. This is a negligence offense: there is no need for intent and no need for actual harm to be caused. It is enough that the weapon was left in a way that allows another person to reach it.
The offense of the most law-abiding citizens — what is important to know?
This is the only weapons offense committed specifically by lawful license holders: a handgun forgotten in a vehicle, a weapon left in a drawer at home with children instead of in a safe, a firearm forgotten in a bag, and in the most painful cases, a weapon that was lost or stolen due to negligent storage. With the significant increase in the number of weapon holders in recent years, enforcement of this offense has expanded greatly: every loss of a weapon and every report of an unsecured weapon opens a criminal investigation.
The consequences: beyond the criminal case — what is important to know?
Alongside the criminal proceeding, neglect of safekeeping almost always leads to revocation of the weapon license and seizure of the weapon, and for professional weapon carriers, security guards, watchmen, security workers, also direct harm to their livelihood. The good news: in these cases, when it involves a law-abiding person and a one-time failure, there are real chances of ending the proceeding through a conditional arrangement or without a conviction, and later also of restoring the license, but this requires proper handling from the very first investigation, and not a hasty admission made out of embarrassment.
What should you do if the weapon was lost or stolen?
Report it immediately to the police as required by law, but remember: the report itself opens an investigation in which you are the suspect in neglecting safekeeping. Formulate the report and the statement with legal guidance: the details regarding the manner of storage, the safe, and the circumstances will determine whether the case is closed or matures into an indictment.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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