New York Pistol License Guide

New York Pistol and Revolver License Basics

New York requires a license to possess a pistol or revolver, not only to carry one in public. Penal Law 400.00 sets eligibility, the license classes, who issues them, and how long they last. Application steps, costs, training, and place restrictions have their own sections.

Who Issues a License

Penal Law 265.00(10) defines "licensing officer," which differs by county:

• In the city of New York, the police commissioner.
• In the county of Nassau, the commissioner of police.
• In the county of Suffolk, the sheriff, except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, where it is the commissioner of police of that county.
• For purposes of Penal Law 400.01, the superintendent of state police.
• Elsewhere in the state, a judge or justice of a court of record having his office in the county of issuance.

Under Penal Law 400.00(3)(a) the application goes to the licensing officer where the applicant "resides, is principally employed or has his or her principal place of business as merchant or storekeeper". State guidance adds that residency and in-state employment are not eligibility criteria and nonresidents may apply.

Eligibility Under Penal Law 400.00(1)

No license issues or is renewed except for an applicant meeting each condition in paragraphs (a) through (o). Paragraph (o) is covered below. Paragraphs (a) through (n):

• (a) Twenty-one or older, except that no age restriction applies to an applicant honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the New York national guard.
• (b) Of good moral character, discussed below.
• (c) Not convicted anywhere of a felony or a serious offense, and not the subject of an outstanding arrest warrant for an alleged felony or serious offense. Penal Law 400.00(1-b) reaches any offense containing all the essential elements of a serious offense under Penal Law 265.00(17), and preserves denial for an offense lacking those elements.
• (d) Not a fugitive from justice.
• (e) Not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. 802.
• (f) A noncitizen applicant must not be illegally or unlawfully in the United States, and must not have been admitted under a nonimmigrant visa, subject to the exception in 18 U.S.C. 922(y)(2).
• (g) Not discharged from the Armed Forces under dishonorable conditions.
• (h) Having been a United States citizen, has not renounced that citizenship.
• (i) Has stated whether he or she has ever suffered any mental illness. A disclosure condition, not a bar.
• (j) Not involuntarily committed to a facility under an office of the department of mental hygiene pursuant to Mental Hygiene Law article 9 or 15, Criminal Procedure Law article 730 or section 330.20, or substantially similar laws of any other state, Correction Law section 402 or 508, or Family Court Act section 322.2 or 353.4; not civilly confined under Mental Hygiene Law article 10; and not the subject of a report under Mental Hygiene Law section 9.46.
• (k) Has not had a license revoked, and is not under a suspension or ineligibility order under Criminal Procedure Law 530.14 or Family Court Act 842-a.
• (l) In the county of Westchester, has completed a firearms safety course and test certified under penalties of perjury by a duly authorized instructor, subject to the three exceptions in that paragraph.
• (m) Has not had a guardian appointed on a determination that, from marked subnormal intelligence, mental illness, incompetency, incapacity, condition or disease, the person lacks capacity to contract or manage his or her own affairs.
• (n) For a license under Penal Law 400.00(2)(f), not convicted within five years of the application of assault in the third degree (Penal Law 120.00), misdemeanor driving while intoxicated (Vehicle and Traffic Law 1192), or menacing (Penal Law 120.15).

Federal prohibitors under 18 U.S.C. 922(g) apply independently.

Good Moral Character

Penal Law 400.00(1)(b) requires an applicant be "of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others."

In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), the Second Circuit vacated the district court's preliminary injunction against it and rejected a facial challenge, reading the definition as "a proxy for dangerousness" and declining to hold that "every denial on grounds of 'good moral character' as defined by New York will violate the Second Amendment, though various avenues lie open for as-applied challenges." A denial must carry the written notice Penal Law 400.00(4-a) requires, and an applicant denied, not renewed, not recertified, or revoked may appeal within ninety days to the board created by the Division of Criminal Justice Services and the superintendent of state police.

Additional Concealed Carry Requirements

For a license under Penal Law 400.00(2)(f), Penal Law 400.00(1)(o) requires that the applicant "shall meet in person with the licensing officer for an interview" and submit:

• (i) Names and contact information for the applicant's current spouse, or domestic partner, any other adults residing in the home, including any adult children, and whether or not minors reside there full time or part time.
• (ii) Names and contact information of no less than four character references who can attest to the applicant's good moral character and that the applicant has not engaged in acts, or made statements, suggesting a likelihood of conduct resulting in harm to themselves or others.
• (iii) Certification of completion of the Penal Law 400.00(19) training, a minimum of sixteen hours of in-person live curriculum plus a minimum of two hours of live-fire range training.
• (iv) A list of former and current social media accounts of the applicant from the past three years.
• (v) Such other information the licensing officer requires that is reasonably necessary and related to reviewing the application.

The interview, the four references, and the cohabitant disclosure are operative. The Second Circuit vacated the preliminary injunction against the cohabitant disclosure; the district court's refusal to enjoin the other two went unchallenged on appeal.

Clause (iv) is different. The Second Circuit affirmed the district court's preliminary injunction against it, holding that "[c]onditioning a concealed carry license on such a disclosure imposes a burden on the right to bear arms that is without sufficient analogue in our Nation's history or tradition of firearms regulation." In a March 2026 stipulation, the State Defendants, the Superintendent of the State Police and the Onondaga County licensing officer, consented to a permanent injunction against enforcing the clause "against any Plaintiff," though the form attached runs as to plaintiff Lawrence Sloane, and the Superintendent agreed to "ensure that the PPB-3 license application form does not include language requiring social media information," the injunction to terminate if the Legislature repeals the clause. The court so ordered the stipulation on March 30, 2026. The text stays in the statute, and the current PPB-3 does not ask for social media accounts.

License Classes Under Penal Law 400.00(2)

Penal Law 400.00(2) provides for a gunsmith or dealer license, a semiautomatic rifle license, and a pistol or revolver license, the last two excluding assault weapons and disguised guns. The pistol or revolver license issues to:

• (a) Have and possess in his dwelling by a householder.
• (b) Have and possess in his place of business by a merchant or storekeeper.
• (c) Have and carry concealed while so employed by a messenger of a banking institution or express company.
• (d) Have and carry concealed by a justice of the supreme court in the first or second judicial departments, or a judge of the New York city civil or criminal court.
• (e) Have and carry concealed while so employed by a regular employee of a state or local detention institution, on application by that institution's head.
• (f) "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person." This is the concealed carry license.
• (g) Have, possess, collect and carry antique pistols as defined in that paragraph.

New York City Handgun License Classes

New York City licenses issue from the police commissioner under Penal Law article 400, with City handgun classes in 38 RCNY 5-01 (rifles and shotguns are permitted separately under chapter 3) and fees in Administrative Code 10-131:

• Premises License, Residence or Business. Restricted to a specific business or residence location, with the handgun safeguarded at that address except during permitted transport or possession.
• Carry License, New York Resident or Non-Resident. Permits carrying a handgun concealed on the person.
• Carry Guard License / Gun Custodian License. Restricted carry licenses valid when the holder is actually engaged in a work assignment as a security guard or gun custodian.
• Special Licenses, for holders of a valid New York State county carry license. The Special Carry License permits concealed carry while the licensee is in New York City; the Special Carry Guard version is limited to on-duty work. Loss of the county license automatically voids the City license.

The City rule amendment effective December 16, 2022 repealed the former Limited Carry Business License and dropped "Business" from the Carry and Special Carry names. The "New York Resident or Non-Resident" designation came later, in an amendment effective January 5, 2025.

Where the License Is Valid

Penal Law 400.00(6) makes a license valid notwithstanding any local law or ordinance and not transferable to another person or premises. A license to carry or possess a pistol or revolver, or to purchase or take possession of a semiautomatic rifle, "not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city."

The subdivision supplies five exceptions in which such a license is valid in the city without a City permit: covered firearms bought from a licensed city dealer and taken out immediately, or carried through the city, each in a locked container on a continuous and uninterrupted trip; armored car security guards during their employment; and a retired police officer, retired federal law enforcement officer, or state tax department peace officer under Criminal Procedure Law 2.10(4), whose license must be marked accordingly.

Term: Expire and Renew Versus Recertify

Continued validity works two ways depending on where the license was issued. Penal Law 400.00(10)(a) sets the terms:

• In the city of New York, a license to carry or possess a pistol or revolver expires not more than three years after issuance, except as provided in paragraph (d).
• In the counties of Nassau, Suffolk and Westchester, such a license expires not more than five years after issuance.
• Elsewhere than in the city of New York and the counties of Nassau, Suffolk and Westchester, a license not previously revoked or cancelled "shall be in force and effect until revoked as herein provided." It does not expire.

Penal Law 400.00(10)(b) provides that "All licensees shall be recertified to the division of state police every five years thereafter," subject to paragraph (d), and that failure to recertify "shall act as a revocation of such license." Paragraph (d) overrides both cycles for concealed carry: licenses under paragraph (f) of subdivision two "shall be recertified or renewed every three years following the issuance of such license."

State guidance states the same split and adds that holders of licenses issued in New York City, Nassau, Suffolk, or Westchester do not recertify with the State Police but follow their county's requirements.

The Semiautomatic Rifle License

Penal Law 400.00(2) provides that this license "shall be issued to purchase or take possession of such a semiautomatic rifle when such transfer of ownership occurs on or after the effective date of chapter two hundred twelve of the laws of two thousand twenty-two that amended this subdivision." State guidance gives that date as September 4, 2022 and says a person who lawfully possessed such a rifle before then does not need the license.

Criminal purchase of a semiautomatic rifle, Penal Law 265.65, is purchasing or taking possession of one without that license; it is a class A misdemeanor for the first offense and a class E felony for subsequent offenses. Criminal sale, Penal Law 265.66, is selling, exchanging, giving or disposing of one, knowing or having reason to know what it is, to a person without that license; it is a class E felony. Under Penal Law 400.00(10)(c) the license is recertified to the applicable licensing officer every five years, and failure to renew is a violation punishable by a fine not to exceed two hundred fifty dollars.

What the License Does and Does Not Authorize

A license specifies each covered weapon and whether it was issued to carry on the person or to possess on the premises. Penal Law 400.00(7). A licensee carrying a pistol or revolver must have the carry license on his or her person and exhibit it on demand to a police officer or a peace officer acting pursuant to special duties. Penal Law 400.00(8). Outside New York City, Penal Law 400.00(9) lets a licensee apply to the licensing officer at any time to amend the license to add or cancel weapons. Any licensee must report a change of residence in writing "within ten days after such change occurs" and inscribe it on the license.

A license does not authorize carry everywhere. Sensitive-location and restricted-location limits, Penal Law 265.01-e and 265.01-d, are covered in the prohibited places section. Unlicensed handgun possession reaches Article 265: criminal possession of a firearm, Penal Law 265.01-b, is a class E felony, and criminal possession of a weapon in the second degree, Penal Law 265.03, covering a loaded firearm, with a limited home and place of business exception, is a class C felony. Any violation of Penal Law 400.00 is a class A misdemeanor. Penal Law 400.00(15).

Key Legal References

• Penal Law 400.00, subdivisions 1, 1-b, 2, 3(a), 4-a, 6, 7, 8, 9, 10, 15 and 19
• Penal Law 265.00(10); 265.65; 265.66; 265.01-b; 265.01-d; 265.01-e; 265.03
• 38 RCNY 5-01; New York City Administrative Code 10-131
• Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024)

Requirements differ by jurisdiction and change through legislation and litigation. Confirm current requirements with your county or city licensing officer, the New York State Police, or the NYPD License Division.

Constitutional Carry in New York

New York does NOT have constitutional carry (permitless carry). A state-issued license under Penal Law 400.00 is required to possess or carry a handgun, whether concealed or openly. There is no lawful way to carry a handgun in public in New York without a license, and there is no separate legal status for open carry of handguns. New York is a licensed-carry state, not a permitless one.

No Permitless Carry Pathway

Possessing a handgun without the required license is a crime in New York, even for residents with no criminal record. The baseline offense, criminal possession of a firearm under Penal Law 265.01-b, makes simple possession of an unlicensed firearm a class E felony. Carrying a loaded handgun outside the home or place of business without a license is criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony. Lesser possession offenses fall under criminal possession of a weapon in the fourth degree (Penal Law 265.01, a class A misdemeanor) and the third degree (Penal Law 265.02, a class D felony). The exemptions from these possession offenses, including the exemption for licensed individuals and for certain law enforcement and other categories, are listed in Penal Law 265.20.

Because there is no permitless option, anyone who wants to carry a handgun must complete the full Penal Law 400.00 licensing process described below.

The Concealed Carry Improvement Act (CCIA)

After the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), on June 23, 2022, New York could no longer require a "proper cause" showing for a carry license. Bruen held that the discretionary proper-cause requirement violated the Second Amendment, but it expressly stated that "shall issue" licensing regimes, including requirements for fingerprinting, a background check, a mental health records check, and firearms training, remain constitutionally permissible. Bruen did not create any right to carry without a license in New York.

In response, the Legislature passed the Concealed Carry Improvement Act (CCIA), signed July 1, 2022 and effective September 1, 2022. The CCIA removed the proper-cause requirement but added new eligibility and procedural requirements to Penal Law 400.00. Key features, all codified in Penal Law 400.00, include:

• Good moral character. Penal Law 400.00(1)(b) requires an applicant to be "of good moral character," which the statute defines as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others."
• In-person interview. For a carry license under Penal Law 400.00(2)(f), the applicant must meet in person with the licensing officer for an interview. See Penal Law 400.00(1)(o).
• Character references. The applicant must provide the names and contact information of at least four character references who can attest to the applicant's good moral character. See Penal Law 400.00(1)(o)(ii).
• Household disclosure. The applicant must disclose names and contact information for a spouse or domestic partner, other adults in the home, and whether minors reside in the home. See Penal Law 400.00(1)(o)(i).
• Training. The applicant must complete a state-approved firearms safety course. See the training section below.

Training Requirement

Penal Law 400.00(19) requires an applicant for a carry license (a Penal Law 400.00(2)(f) license) to complete an in-person live firearms safety course taught by a duly authorized instructor with a curriculum approved by the Division of Criminal Justice Services and the State Police. The statute sets a minimum of sixteen hours of in-person classroom curriculum plus a minimum of two hours of live-fire range training, for eighteen hours total. The classroom curriculum must cover topics including general firearm safety, safe storage, state and federal gun laws, situational awareness, conflict de-escalation and management, interactions with law enforcement, the sensitive places defined in Penal Law 265.01-e(2) and the restricted-location rule under Penal Law 265.01-d, use of deadly force, suicide prevention, and basic marksmanship. The applicant must score at least 80 percent on a written test and demonstrate live-fire proficiency to receive a certificate of completion.

Licensing Officer Discretion and Appeals

The licensing officer must investigate the application before issuing or renewing a license (Penal Law 400.00(4)), and the officer must act on the application within six months of presentment (Penal Law 400.00(4-b)). An applicant who is denied, not renewed, not recertified, or revoked may request a hearing before the state appeals board within ninety days of the written notice (Penal Law 400.00(4-a)). A general violation of Penal Law 400.00 is itself a class A misdemeanor (Penal Law 400.00(15)).

Active Litigation Over the CCIA

The CCIA has been heavily litigated since it took effect. On the licensing requirements, the governing appellate decision is Antonyuk v. James, 120 F.4th 941, decided by the U.S. Court of Appeals for the Second Circuit on October 24, 2024, after the Supreme Court remanded the case for reconsideration in light of United States v. Rahimi. The Supreme Court denied further review on April 7, 2025.

That decision vacated the preliminary injunctions against the CCIA's core licensing requirements, so the good-moral-character standard, the in-person interview, the four character references, the cohabitant disclosure and the training requirement are all enforceable. It preserved relief only as to Penal Law 400.00(1)(o)(iv) and as to Penal Law 265.01-d applied to private property held open to the public. Three litigation outcomes matter for accuracy, and none of them opens a route to carrying without a license:

• Social media disclosure: on the books, off the form. No court has held Penal Law 400.00(1)(o)(iv) unconstitutional. In Antonyuk v. Hochul (N.D.N.Y.), U.S. District Judge Glenn T. Suddaby so ordered a stipulation of partial settlement on March 30, 2026 that permanently enjoins the State Defendants from enforcing that subparagraph against the named plaintiff, and under which "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The injunction terminates if the Legislature repeals the subparagraph, and the stipulation says it carries no precedential value. The text stays in the statute, and the current PPB-3 does not ask for social media accounts.
• The private-property default: still law, enjoined in part. Penal Law 265.01-d has not been repealed. On October 10, 2024 the U.S. District Court for the Western District of New York permanently enjoined the defendants from enforcing it "with respect to private property open to the public," and the Second Circuit affirmed that injunction on May 18, 2026 in Christian v. James, 176 F.4th 189. As to private property that is not held open to the public, 265.01-d applies on its own terms. See the restricted-locations discussion below.
• Sensitive locations: treat the whole list as in force. Christian affirmed judgment for the State on the public parks category, Penal Law 265.01-e(2)(d), against a facial challenge. Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025), affirmed the denial of preliminary relief as to public transportation and Times Square, Penal Law 265.01-e(2)(n) and (2)(t). The only place-of-worship injunction still standing was entered in Spencer v. Chiumento and runs in favor of the plaintiffs in that case.

All twenty paragraphs of Penal Law 265.01-e(2), (a) through (t), are in force, and a carry license is not a defense to any of them.

Three matters were still open as of August 2026, and each leaves the statute in force in the meantime. The stay on the public-transit claim in Christian was lifted on August 17, 2026 and that claim is undecided. In an August 14, 2026 joint status letter the Christian plaintiffs said they anticipated petitioning for certiorari on the public parks ban before a September 16, 2026 deadline. Summary-judgment briefing in Antonyuk v. Hochul closes September 18, 2026 with no ruling yet. Check gunsafety.ny.gov for the current position before you rely on any of this.

Where a License Does Not Authorize Carry

A valid carry license does not allow carry everywhere. Two separate criminal statutes restrict where a licensee may go armed.

Sensitive Locations (Penal Law 265.01-e)

Penal Law 265.01-e makes it a class E felony to possess a firearm, rifle, or shotgun in a "sensitive location" when the person knows or reasonably should know the location is sensitive. The statutory list in Penal Law 265.01-e(2) is long and includes, among others:

• Government buildings used for government administration, including courts
• Health and behavioral health facilities
• Places of worship, except for those persons responsible for security at the place of worship
• Libraries, public playgrounds, public parks, and zoos
• Schools, colleges, universities, and childcare and preschool programs
• Public transportation, including subways, buses, trains, ferries, airports, and bus terminals
• Establishments licensed for on-premises consumption of alcohol or cannabis
• Theaters, stadiums, museums, amusement parks, conference centers, and gaming facilities
• Polling places
• Protests and other gatherings to exercise constitutional rights
• The area commonly known as Times Square, where identified with signage

The statute exempts certain people in Penal Law 265.01-e(3), including active and retired law enforcement officers carrying under 18 U.S.C. 926B and 926C, designated peace officers, certain security guards, and active-duty military, among others. Do not read the place-of-worship category as enjoined for the general public. In Antonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024), cert. denied (Apr. 7, 2025), the Second Circuit vacated the preliminary injunctions against the sensitive-location provisions challenged in that case. The place-of-worship injunction that survives was entered in Spencer v. Chiumento and prohibits enforcement of Penal Law 265.01-e(2)(c) against the plaintiffs in that case. For everyone else, paragraph (c) applies as the Legislature wrote it, with its own exception for "those persons responsible for security at such place of worship." Public parks stay on the prohibited list: Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026), affirmed judgment for the State on the public parks category. Public transportation under paragraph (n) also stays on the list. The stay on the public-transit claim in Christian was lifted on August 17, 2026, that claim is unresolved, and the paragraph remains in force while it is litigated. Confirm the current status on gunsafety.ny.gov before relying on any of this.

Restricted Locations on Private Property (Penal Law 265.01-d)

Penal Law 265.01-d makes it a class E felony to carry a firearm onto private property unless the owner or lessee permitted firearms by posting clear and conspicuous signage allowing them or by giving express consent. The statute is still on the books, and it is enjoined in part. On October 10, 2024, the U.S. District Court for the Western District of New York entered a permanent injunction in Christian v. James, No. 22-cv-00695, barring the defendants and those acting with them "from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public." The Second Circuit affirmed that injunction on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). New York State Police say the same thing in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." The order binds the named officials. It is not a repeal and not a facial invalidation of the statute.

The Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026), holding that barring licensed carriers from private property open to the public without the owner's express authorization violates the Second and Fourteenth Amendments. Wolford confirms the Second Circuit's result. It is not the decision that reached New York's statute.

The operative rule today for a licensee on private property that is open to the public, such as a store, diner, or gas station: carry is not treated as criminal merely because the owner has not affirmatively consented, but the owner may still prohibit it by conspicuous signage or actual notice, and a licensee must honor a posted prohibition or a direct request to leave. As to private property that is not held open to the public, Penal Law 265.01-d applies on its own terms and a licensee still needs the owner's signage or express consent. None of this helps a person without a license, because Penal Law 265.01, 265.01-b and 265.03 reach the possession itself, and none of it touches the sensitive-location statute, so a bar, a theater, a stadium, a hospital or a transit station remains a class E felony location under Penal Law 265.01-e.

Self-Defense: Duty to Retreat, No Stand Your Ground

New York is not a stand-your-ground state. Under Penal Law 35.15, a person may not use deadly physical force if he or she knows that he or she can retreat with complete personal safety to oneself and others, except that there is no duty to retreat when the person is in his or her own dwelling and is not the initial aggressor (the Castle exception under Penal Law 35.15(2)(a)(i)). The duty to retreat also does not apply where the actor reasonably believes the other person is committing or attempting a kidnapping, a forcible sexual offense or a robbery under Penal Law 35.15(2)(b), or a burglary in circumstances where subdivision three of Penal Law 35.20 authorizes deadly physical force under Penal Law 35.15(2)(c). Those are narrow statutory exceptions to the retreat rule, not a general right to stand your ground. Defense of premises and use of force to prevent a burglary are addressed separately in Penal Law 35.20.

Other New York Firearm Overlays

Beyond licensing and carry location rules, New York imposes additional restrictions that a carrier should know:

• Assault weapons (SAFE Act). New York defines "assault weapons" in Penal Law 265.00(22). Possessing one is criminal possession of a weapon in the third degree under Penal Law 265.02(7), a class D felony.
• Magazine capacity. Penal Law 265.00(23) defines a "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip or similar device with a capacity of, or readily restorable or convertible to accept, more than ten rounds. Possessing one is criminal possession of a weapon in the third degree under Penal Law 265.02(8), a class D felony. On loading, New York State says on gunsafety.ny.gov that an amendment to the SAFE Act suspended the requirement that only magazines holding seven rounds or less could be purchased and that "Going forward, magazines can be purchased that can contain up to 10 rounds." Penal Law 265.37, which makes it unlawful to knowingly possess an ammunition feeding device containing more than seven rounds and grades that from a violation up to a class A misdemeanor depending on location and prior offenses, has not been repealed. In New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), the Second Circuit held that "New York's seven-round load limit does not survive intermediate scrutiny" and affirmed the judgment holding that provision unconstitutional. That holding rested on intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history. Check the current position on gunsafety.ny.gov before loading above seven.
• New York City. New York City operates its own separate and stricter handgun licensing scheme. A license issued elsewhere in the state is generally not valid in New York City without a special permit from the NYPD License Division. See Penal Law 400.00(6) and New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York. Treat New York City as a separate jurisdiction.

Federal Baseline

Federal law applies on top of New York law. Federal prohibited-person categories appear in 18 U.S.C. 922(g) (note that persons "under indictment" are addressed separately in 18 U.S.C. 922(n), not 922(g)). Carrying a firearm into the secured area of an airport or onto an aircraft is a federal crime under 49 U.S.C. 46505. Off-duty and retired qualified law enforcement officers carry under the federal Law Enforcement Officers Safety Act, 18 U.S.C. 926B and 926C, which is a federal authorization and not a New York state exemption.

Bottom Line

New York has no constitutional or permitless carry. To carry a handgun you must obtain a Penal Law 400.00 license, which after the CCIA requires good moral character, an in-person interview, four character references, household disclosure, and eighteen hours of approved training (sixteen classroom plus two live-fire). Even with a license, carry is a class E felony in the sensitive locations listed in Penal Law 265.01-e, and all twenty categories are in force, public parks, places of worship and public transportation included. Penal Law 265.01-d is also still law. A federal court permanently enjoined its enforcement as to private property open to the public, the Second Circuit affirmed that injunction on May 18, 2026 in Christian v. James, and the State Police say they are not enforcing it there, so a licensee is not treated as committing that offense in a store or diner unless the owner prohibits carry by signage or actual notice. On private property not held open to the public, the statute applies on its own terms. The social media disclosure requirement in Penal Law 400.00(1)(o)(iv) has not been repealed or held unconstitutional. A court-ordered settlement took it off the PPB-3 application form. New York imposes a duty to retreat outside the home (Penal Law 35.15) and is not a stand-your-ground state. New York City has its own stricter licensing system.

Key Legal References

• Penal Law 400.00 - Licensing and other provisions relating to firearms (good moral character, interview, references, training, appeals)
• Penal Law 265.01-b - Criminal possession of a firearm (class E felony)
• Penal Law 265.01, 265.02, 265.03 - Criminal possession of a weapon, fourth, third, and second degree
• Penal Law 265.01-d - Criminal possession of a weapon in a restricted location (class E felony; enforcement permanently enjoined as to private property open to the public, injunction affirmed in Christian v. James, 176 F.4th 189 (2d Cir. 2026))
• Penal Law 265.37 - Unlawful possession of certain ammunition feeding devices (still in the Penal Law; the seven-round load limit was held unconstitutional on intermediate scrutiny in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015))
• Penal Law 265.01-e - Criminal possession of a firearm in a sensitive location (class E felony)
• Penal Law 265.20 - Exemptions
• Penal Law 265.00(22) and (23) - Assault weapon and large capacity ammunition feeding device definitions
• Penal Law 35.15 and 35.20 - Justification; defense of a person and defense of premises
• New York City Administrative Code 10-131; Title 38, Rules of the City of New York - NYC handgun licensing
• New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022)
• Antonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024), cert. denied (Apr. 7, 2025)
• Antonyuk v. Hochul, No. 1:22-cv-00986 (N.D.N.Y.), stipulation of partial settlement so ordered Mar. 30, 2026 (Penal Law 400.00(1)(o)(iv))
• Spencer v. Chiumento, No. 22-3237 (2d Cir.), place-of-worship injunction limited to the plaintiffs in that case
• Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026)
• Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025)
• Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026) (Hawaii statute)
• 18 U.S.C. 922(g), 922(n), 926B, 926C; 49 U.S.C. 46505

Carrying a Concealed Handgun in New York

New York carry law is a triangle. Penal Law article 265 makes possessing a handgun a crime. Penal Law 265.20 exempts a person licensed under Penal Law 400.00, which is the path to lawful carry. And two location statutes, Penal Law 265.01-d and 265.01-e, sit outside that exemption, so they bind an ordinary carry licensee the same way they bind everyone else.

The offense is bare possession

New York does not write a separate crime of carrying concealed without a permit. It criminalizes possession and then exempts the licensed. Penal Law 265.01(1) makes a person guilty of criminal possession of a weapon in the fourth degree when he or she possesses "any firearm". Criminal possession of a weapon in the fourth degree is a class A misdemeanor. Penal Law 265.01-b(1) reaches the same conduct, providing that a person is guilty of criminal possession of a firearm when he or she "possesses any firearm". Criminal possession of a firearm is a class E felony. "Firearm" is defined at Penal Law 265.00(3) to mean "(a) any pistol or revolver", along with short shotguns and rifles, assault weapons, and certain frames or receivers.

Add ammunition and the grade jumps. Under Penal Law 265.03(3), a person is guilty of criminal possession of a weapon in the second degree when "such person possesses any loaded firearm." That subdivision carries its own exception, and the exception has two carve-outs: "Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business." Subdivision one of Penal Law 265.02 covers a person who commits fourth-degree possession under subdivision one, two, three or five of Penal Law 265.01 and "has been previously convicted of any crime"; subdivision seven covers a person who "possesses an assault weapon". Where either applies, the home-or-business shelter is unavailable. Criminal possession of a weapon in the second degree is a class C felony, and Penal Law 70.02(1)(b) lists it among the class C violent felony offenses.

"Loaded firearm" is broader than it sounds. Penal Law 265.00(15) defines it as "any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm." Separated gun and usable ammunition still count.

The license is an exemption, not a permission slip

Penal Law 265.20 subdivision a opens by naming the article 265 offenses its exemptions reach, an enumerated set that includes 265.01, 265.01-b, 265.02, 265.03 and 265.04. Paragraph 3 of that subdivision then exempts "Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter". That clause is why a 400.00 license is the route to lawful handgun carry in New York.

Two sections are missing from that list: 265.01-d and 265.01-e. A carry license is not a defense to either the restricted-location offense or the sensitive-location offense. Each of those statutes carries its own exemption list, at 265.01-d(2) and 265.01-e(3), and neither list includes ordinary licensees.

Penal Law 400.00(2) sets out what each license type is issued for. A license for a pistol or revolver "shall be issued to" one of seven listed holders, and the concealed carry license is paragraph (f): "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person". Paragraphs (a) and (b) are the premises licenses, for a householder's dwelling and a merchant's place of business. Penal Law 400.00(7) requires the license to "indicate whether issued to carry on the person or possess on the premises, and if on the premises shall also specify the place where the licensee shall possess the same." New York State says so on gunsafety.ny.gov: a premises license holder cannot carry a concealed pistol or revolver outside the home, because a premises license "only allows you to possess a pistol or revolver in your home or place of business."

Statewide, with New York City carved out

Penal Law 400.00(6) states that a license "not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city."

The same subdivision preserves five narrow ways into the city without the special permit, including where the covered firearms "are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted", and for certain retired police and federal law enforcement officers whose licenses are marked accordingly. In Frey v. City of New York, No. 23-365-cv (2d Cir., decided September 19, 2025), the Second Circuit affirmed the denial of a preliminary injunction against the city's special permit requirement.

Two duties that attach to the license itself

Penal Law 400.00(8) puts the license in your pocket: "Every licensee while carrying a pistol or revolver shall have on his or her person a license to carry the same." It adds an exhibition duty, "Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties, or police officer", and an evidentiary consequence: "Failure of any licensee to so exhibit or display his or her license, as the case may be, shall be presumptive evidence that he or she is not duly licensed."

Penal Law 400.00(15) supplies the penalty for the section as a whole: "Any violation by any person of any provision of this section is a class A misdemeanor."

Concealed means concealed

New York licenses concealed carry and does not license open carry. The Second Circuit said so in Frey: "Because Section 400.00(2) only grants licenses for concealed public carry, a license holder that carries openly in public would violate the terms of that license and may thereby be subject to prosecution under Section 400.00(15)." A licensee who carries openly is exposed to that class A misdemeanor.

For someone without a license, open carry is not a separate offense. It is the same possession offense described above, since Penal Law 265.01(1), 265.01-b(1) and 265.03(3) turn on possession rather than on how the handgun is worn.

Frey affirmed the denial of a preliminary injunction against the open carry ban, holding the plaintiffs unlikely to succeed on the merits. The court noted that its affirmance "does not determine the ultimate constitutionality of the challenged [] provisions, which await further briefing, discovery, and historical analysis". Per the August 14, 2026 joint status letter in Christian, the Frey plaintiffs have since stipulated to dismissal of their claims, so that analysis is not coming in this case.

Sensitive locations: treat the whole list as in force

Penal Law 265.01-e(1) makes a person guilty when he or she possesses a firearm, rifle or shotgun in or upon a sensitive location "and such person knows or reasonably should know such location is a sensitive location." Subdivision 2 defines twenty categories, paragraphs (a) through (t): any place owned or controlled by federal, state or local government for the purpose of government administration, including courts; locations providing health, behavioral health, or chemical dependence care or services; places of worship, "except for those persons responsible for security at such place of worship"; libraries, public playgrounds, public parks and zoos, with public parks excluding privately held land within a public park that is not dedicated to public use, and the forest preserve; children and family services programs and permitted childcare; nursery schools, preschools and summer camps; programs of the offices for people with developmental disabilities, addiction services and supports, mental health, and temporary and disability assistance; shelters; health department residential settings; schools, colleges and universities; public transportation and its facilities; on-premises alcohol and cannabis consumption establishments; performance, entertainment, gaming and sporting venues; polling places; permitted or access-restricted public areas identified by clear and conspicuous signage; protests and assemblies; and Times Square as identified by the city with signage. Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony. Subdivision 3 exempts fifteen categories of person, including police and peace officers, 18 U.S.C. 926B and 926C officers, registered armed security guards at work, and active-duty military personnel. The prohibited places guide covers the full enumeration.

Treat the whole list as in force. New York publishes all twenty paragraphs on gunsafety.ny.gov with no non-enforcement notice attached, in contrast to the notice it attaches to the restricted-location statute discussed below. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), decided on remand October 24, 2024, the Second Circuit vacated the preliminary injunction against the sensitive-location provisions challenged in that case, affirming the district court's injunction in part, vacating it in part, and preserving it only as to Penal Law 400.00(1)(o)(iv) and 265.01-d as applied to private property held open to the general public. That opinion left undisturbed the place-of-worship relief the December 8, 2023 consolidated opinion upheld for certain plaintiffs in a companion case. The Supreme Court denied certiorari on April 7, 2025 (No. 24-795). The public parks provision, Penal Law 265.01-e(2)(d), was then upheld against a facial challenge in Christian v. James, 176 F.4th 189 (2d Cir., decided May 18, 2026), which affirmed judgment for the State and declined to reach an as-applied challenge to rural parks because it had not been raised below. Frey affirmed the denial of preliminary relief as to Times Square and public transit, Penal Law 265.01-e(2)(t) and (2)(n).

Restricted locations: still on the books, enjoined in part

Penal Law 265.01-d(1) makes it an offense to possess a firearm, rifle or shotgun and enter or remain on private property "where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." Criminal possession of a weapon in a restricted location is a class E felony.

As to private property open to the public, it is under a federal injunction and the State Police say they are not enforcing it. On October 10, 2024, the U.S. District Court for the Western District of New York entered a permanent injunction in Christian v. James, No. 22-cv-00695, ordering that "Defendants and their officers, agents, servants, employees, and all persons in concert or participation with them who receive notice of this Order are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. § 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it". The Second Circuit affirmed that permanent injunction on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). New York State Police say the same in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public."

The statute has not been repealed and has not been struck down as a whole. As to private property that is not held open to the public, 265.01-d still applies on its own terms. The injunction takes nothing away from property owners: an owner or lessee who does not want firearms on the premises may still say so and exclude accordingly. What changed for private property open to the public is the default. Instead of possession being criminal unless the owner affirmatively permits it, permission is presumed unless the owner withdraws it. The sensitive-location statute is a separate layer and is untouched by this injunction. A bar, a theater, a stadium, a hospital, a place of worship, a transit station and Times Square are all private or public property that people walk into, and all remain class E felony locations under Penal Law 265.01-e. Nothing here changes that, and nothing here helps a person who is not licensed, because Penal Law 265.01(1), 265.01-b(1) and 265.03(3) still reach the possession itself.

The Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez, No. 24-1046 (decided June 25, 2026), holding that prohibiting licensed concealed-carry permit holders from carrying on private property open to the public without the owner's express authorization violates the Second and Fourteenth Amendments.

Treat all of this as of a date. In an August 14, 2026 joint status letter, the parties in Christian reported that plaintiffs anticipated petitioning for certiorari on the public parks ban "before the deadline of September 16, 2026", with the public transit claim still unresolved. Confirm the current enforcement status on gunsafety.ny.gov before you rely on any of it.

Federal law in the mix

Two federal provisions are written directly into New York's location statutes. Under 18 U.S.C. 926B, a qualified law enforcement officer carrying the required identification "may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce," and 18 U.S.C. 926C does the same for a qualified retired law enforcement officer. New York names both in Penal Law 265.01-e(3)(a) and 265.01-d(2)(c), so 926B and 926C officers are outside the sensitive-location and restricted-location offenses.

Federal law does not override the property and government-property rules, though. Section 926B(b) says it shall not be construed to supersede or limit state laws that "permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property" or that "prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park."

For travelers, 18 U.S.C. 926A protects transporting an unloaded firearm between two places where possession is lawful, if neither the firearm nor the ammunition is readily or directly accessible from the passenger compartment. In a vehicle with no compartment separate from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console. That is a transport protection, not a carry right, and the transport guide covers how it interacts with New York's rules.

Open Carry Laws in New York

Overview

New York does not authorize the open carry of handguns. A license issued under Penal Law 400.00 is required to possess or carry a handgun at all, and the carry license that exists in New York is a license to carry a pistol or revolver concealed. There is no statutory license category that permits carrying a handgun openly (unconcealed) in public. Layered on top of that, the 2022 Concealed Carry Improvement Act (CCIA) added a long list of "sensitive locations" where carrying any firearm is a crime, so even a licensed carrier faces heavy location limits. The CCIA also created a private-property default rule, and that rule is now under a federal injunction as applied to private property open to the public, where the State Police say they are not enforcing it (see Restricted Locations below).

This section explains what the statutes actually say, distinguishes handguns from long guns, and flags the post-Bruen litigation (Antonyuk v. James, Christian v. James, Frey v. City of New York, and Wolford v. Lopez) that has shaped which provisions are currently enforced.

Licensing Is Required to Carry a Handgun

Penal Law 400.00 governs pistol and revolver licenses. The license types relevant here are set out in Penal Law 400.00(2):

• Premises license ("have and possess") - authorizes possession only in the licensee's dwelling (paragraph (a)) or place of business (paragraph (b)).
• Carry license ("have and carry concealed") - issued under Penal Law 400.00(2)(f) to "have and carry concealed, without regard to employment or place of possession," subject to state and federal law. This is the license that allows a private citizen to carry a handgun in public, and by its terms it is a concealed-carry license.

There is no "open carry" license in the statute. The Second Circuit said so in Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025): "New York grants licenses only for concealed public carry of a pistol or revolver," so "New York criminalizes, and thereby effectively bans, the open carrying of firearms in public." A licensee who carries openly is exposed on the license itself, because "a license holder that carries openly in public would violate the terms of that license and may thereby be subject to prosecution under Section 400.00(15)," which makes any violation of Penal Law 400.00 a class A misdemeanor. For a person with no license, open carry is not a separate offense. It is the same possession crime described under Penalties below, since Penal Law 265.01(1), 265.01-b(1) and 265.03(3) turn on possession rather than on how the handgun is worn. Frey affirmed the denial of a preliminary injunction against the open carry ban on the record before the court, which noted that its ruling "does not determine the ultimate constitutionality of the challenged [] provisions".

CCIA eligibility and training (Penal Law 400.00)

After New York State Rifle & Pistol Association v. Bruen (2022) struck down the old "proper cause" standard, the CCIA replaced it with enhanced eligibility requirements for a carry license under Penal Law 400.00(2)(f):

• Good moral character. Penal Law 400.00(1)(b) defines this as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." This standard was upheld by the Second Circuit and remains in effect.
• Training. Penal Law 400.00(19) requires an in-person live firearms safety course of at least sixteen hours of classroom curriculum (400.00(19)(a)) plus at least two hours of live-fire range training (400.00(19)(b)), for a total of eighteen hours, with an 80 percent passing score on a written test. This requirement remains in effect.
• In-person interview and references. Penal Law 400.00(1)(o) requires the applicant to meet in person with the licensing officer and to provide contact information for household members and no fewer than four character references. The in-person interview and character-reference requirements remain in effect.
• Social media disclosure. Penal Law 400.00(1)(o)(iv) directs applicants to provide "a list of former and current social media accounts of the applicant from the past three years." No court has held that subparagraph unconstitutional. It is on the books and off the form. In Antonyuk v. Hochul (N.D.N.Y.), a stipulation and order of partial settlement signed by U.S. District Judge Glenn T. Suddaby on March 30, 2026 (docket entry 174) records the State Defendants' consent "to the entry of an injunction against their enforcement of N.Y. Penal Law 400.00(1)(o)(iv)" as to the named plaintiffs, together with the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The settling parties agreed the settlement has "no legal precedential value," and the injunction terminates if the Legislature repeals the subparagraph. The current PPB-3 does not ask for social media accounts. The other disclosure requirements in 400.00(1)(o), for household and family members and four character references, remain in effect.

A carry license is generally valid throughout the state, but Penal Law 400.00(6) provides that it is not valid within New York City unless a special permit is issued by the NYPD police commissioner. New York City runs its own separate, stricter handgun licensing process (New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York). Treat New York City as a separate jurisdiction for licensing.

What Bruen Did and Did Not Change

Bruen struck New York's "proper cause" requirement for a carry license. It did not create a right to open carry in New York, and it did not strike the requirement that a person be licensed to possess or carry a handgun. New York responded with the CCIA, which kept licensing in place, removed "proper cause," and added the eligibility, training, sensitive-location, and restricted-location provisions described in this guide.

Long Guns (Rifles and Shotguns)

The Penal Law 400.00 licensing scheme is built around pistols and revolvers. An ordinary rifle or shotgun is not a "firearm" under Penal Law 265.00(3), which reaches pistols and revolvers, shotguns with a barrel under eighteen inches, rifles with a barrel under sixteen inches, weapons made from a shotgun or rifle with an overall length under twenty-six inches, assault weapons, and certain frames or receivers. One state license does reach a long gun. Penal Law 400.00(2) provides that a license "shall be issued to purchase or take possession of" a semiautomatic rifle other than an assault weapon or disguised gun, for transfers on or after the 2022 effective date of the chapter that added it.

The location statutes are written more broadly than the licensing statute. The sensitive-location crime in Penal Law 265.01-e reaches "a firearm, rifle or shotgun," so carrying a long gun in a covered sensitive location is a class E felony no matter how the long gun is licensed. The restricted-location crime in Penal Law 265.01-d uses the same three words, and it is enjoined only as to private property open to the public (see Restricted Locations below). Private property that is not held open to the public, and property where the owner has prohibited firearms, stay off-limits. New York City is separate again. The NYPD states that "possession of a handgun or rifle/shotgun in New York City requires a license (for handguns) or a permit (for rifles/shotguns) issued by the NYPD License Division."

Sensitive Locations (Penal Law 265.01-e)

Penal Law 265.01-e makes it a crime to possess a firearm, rifle, or shotgun in a "sensitive location" when the person knows or reasonably should know the place is a sensitive location. Treat the whole list as in force. The Second Circuit vacated the preliminary injunctions against the sensitive-location provisions challenged in Antonyuk, the Supreme Court denied certiorari on April 7, 2025 (No. 24-795), and New York publishes all twenty paragraphs on gunsafety.ny.gov with no non-enforcement notice attached. The statute lists the sensitive locations in 265.01-e(2), paragraphs (a) through (t):

• Government buildings and places used for government administration, including courts (paragraph (a))
• Health and behavioral health and chemical dependence care locations (paragraph (b))
• Places of worship, except those responsible for security at the place of worship (paragraph (c))
• Libraries, public playgrounds, public parks, and zoos (paragraph (d))
• Childcare programs, nursery schools, preschools, and summer camps (paragraphs (e) and (f))
• Locations of programs run by various state offices, including for people with developmental disabilities, addiction services, mental health, and temporary and disability assistance (paragraphs (g) through (j))
• Homeless, family, runaway-youth, and domestic violence shelters (paragraph (k))
• Residential settings licensed, certified, regulated, funded, or operated by the Department of Health (paragraph (l))
• Educational institutions, including schools, colleges, and universities (paragraph (m))
• Public transportation, transit, subways, trains, buses, ferries, airports, and bus terminals (paragraph (n))
• Establishments licensed for on-premises alcohol consumption and licensed on-premises cannabis consumption (paragraph (o))
• Theaters, stadiums, racetracks, museums, amusement parks, performance and conference venues, and gaming facilities (paragraph (p))
• Polling places (paragraph (q))
• Permitted or specially protected public areas, and protests or assemblies (paragraphs (r) and (s))
• The area commonly known as Times Square, as determined and signed by New York City (paragraph (t))

Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony under Penal Law 265.01-e.

Places of worship are in force, with one narrow exception written into the statute itself. Penal Law 265.01-e(2)(c) covers "any place of worship, except for those persons responsible for security at such place of worship." The only court relief that survives is party-specific. In the December 8, 2023 consolidated opinion the Second Circuit upheld the injunction against the place-of-worship provision as applied to "Pastor Spencer, the Tabernacle Family Church, its members, or their agents and licensees," and in the companion Hardaway case it vacated the injunction against the same provision. Nobody outside that Spencer relief should treat the place-of-worship ban as enjoined. New York lists places of worship among the sensitive locations on gunsafety.ny.gov with no non-enforcement notice attached. A place of worship is also private property, so its operator may prohibit firearms through clear and conspicuous signage or trespass law on top of the criminal statute.

Penal Law 265.01-e(3) lists exemptions, including: qualified active and retired law enforcement officers carrying under 18 U.S.C. 926B or 926C (federal LEOSA); New York police officers and designated peace officers (Criminal Procedure Law 1.20 and 2.10); registered armed security guards under article 7-A of the General Business Law while working; active-duty military personnel; persons lawfully hunting under a Department of Environmental Conservation permit and persons in marksmanship training or competition; and persons engaged in historical reenactments or theatrical productions.

Restricted Locations: Private Property (Penal Law 265.01-d)

Penal Law 265.01-d makes it a crime to possess a firearm, rifle, or shotgun on private property when the person knows or reasonably should know that the owner or lessee has not allowed it by clear and conspicuous signage or otherwise given express consent. On its face, the statute sets a default of "no carry on private property unless the owner says yes," and a violation is a class E felony. The exemptions in 265.01-d(2) parallel those in the sensitive-location statute, including LEOSA officers, peace officers, registered armed security guards on duty, active-duty military, and lawful hunters.

That statutory default is still on the books and enjoined in part. On October 10, 2024 the U.S. District Court for the Western District of New York ordered that the defendants and those acting with them "are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public." Christian v. James, No. 22-cv-00695 (W.D.N.Y.), ECF 98. The Second Circuit affirmed that permanent injunction on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). The New York State Police say the same thing in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." The statute has not been repealed and has not been invalidated as a whole. As to private property that is not held open to the public, 265.01-d still applies on its own terms.

What changed for private property open to the public is the default. Instead of possession being criminal unless the owner affirmatively permits it, permission is presumed unless the owner withdraws it, so a licensee may carry into a store, diner, pharmacy, or gas station unless the owner has prohibited it by conspicuous signage or actual notice. Property owners keep the right to exclude firearms, and honoring a posted prohibition or a direct request to leave remains mandatory under ordinary property and trespass law. The sensitive-location statute is a separate layer that this injunction does not touch.

Post-Bruen Litigation (Antonyuk, Christian, Wolford)

Several CCIA provisions were challenged in federal court in Antonyuk v. Hochul, which reached the U.S. Court of Appeals for the Second Circuit (later captioned Antonyuk v. James after a remand from the Supreme Court in light of United States v. Rahimi). A district court initially enjoined many provisions in late 2022, but the Second Circuit stayed that injunction, so the CCIA took effect and remained largely in force during the appeal.

In its decision of October 24, 2024 (Antonyuk v. James, 120 F.4th 941), the Second Circuit affirmed the district court's injunction in part, vacated it in part, and remanded. It vacated the preliminary injunctions against the challenged sensitive-location provisions, and the Supreme Court denied certiorari on April 7, 2025 (No. 24-795). The provisions left standing include the good-moral-character standard, the requirement to disclose household and family members on the application, the in-person interview, four character references, the 18-hour training requirement, the catch-all, and the sensitive-location list. What the court preserved was narrow:

• Places of worship. The relief here is party-specific, not general. The December 8, 2023 consolidated opinion upheld the injunction against Penal Law 265.01-e(2)(c) only as applied to Pastor Spencer, the Tabernacle Family Church, its members, and their agents and licensees, and vacated the injunction against the same provision in the companion Hardaway case. Everyone else is subject to the statute, which exempts "those persons responsible for security at such place of worship."
• Social media disclosure. The court preserved the injunction against Penal Law 400.00(1)(o)(iv) rather than holding the subparagraph unconstitutional. The requirement later came off the application form through the March 30, 2026 stipulation and order in Antonyuk described above. The subparagraph has not been repealed.
• Private-property default (Penal Law 265.01-d). The court preserved the injunction as applied to private property held open to the general public. In the separate Christian litigation, the Western District of New York entered a permanent injunction against enforcing 265.01-d as to private property open to the public on October 10, 2024, and the Second Circuit affirmed on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). The Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez (U.S. June 25, 2026). The Second Circuit got there first, and Wolford did not invalidate the New York statute, which remains on the books and applies to private property not held open to the public. The same Christian decision affirmed judgment for the State on the public parks category in Penal Law 265.01-e(2)(d), so parks remain off-limits.

Three matters are still open, and in each one the statute stays in force while the court works. In Christian, the stay on the public transit claim was lifted by text order on August 17, 2026, and that claim is unresolved, so Penal Law 265.01-e(2)(n) applies. The Christian plaintiffs obtained an extension to September 16, 2026 to petition for certiorari on the public parks ban. In Antonyuk, summary judgment briefing on the remaining provisions runs to a September 18, 2026 reply deadline. Outside the rulings described above, treat the underlying statutes as in effect, and confirm the current enforcement status on gunsafety.ny.gov before relying on any of it.

Self-Defense Note

New York imposes a duty to retreat before using deadly physical force outside the home. Penal Law 35.15(2)(a) bars deadly physical force if the actor knows he or she can retreat with complete personal safety, with an exception when the actor is in his or her own dwelling and is not the initial aggressor (the "castle" exception). New York has no stand-your-ground law. Penal Law 35.20 addresses the use of force in defense of premises. Carrying a handgun lawfully does not change these justification rules.

Penalties

Because there is no lawful open carry, the relevant penalties are those for possessing or carrying a handgun without authority:

• Criminal possession of a firearm (Penal Law 265.01-b) - possessing any firearm without a license. A class E felony.
• Criminal possession of a weapon in the fourth degree (Penal Law 265.01) - possessing a firearm and certain other weapons. A class A misdemeanor under Penal Law 265.01.
• Criminal possession of a weapon in the second degree (Penal Law 265.03) - includes possessing any loaded firearm outside one's home or place of business (Penal Law 265.03(3)). A class C felony.
• Criminal possession of a weapon in the third degree (Penal Law 265.02) - includes possessing an assault weapon (265.02(7)) or a large capacity ammunition feeding device (265.02(8)). A class D felony.

A simple violation of the licensing provisions of Penal Law 400.00 is a class A misdemeanor under Penal Law 400.00(15).

Other New York Overlays

• Assault weapons. "Assault weapon" is defined in Penal Law 265.00(22); possession is generally criminalized under Penal Law 265.02(7).
• Magazine capacity. A "large capacity ammunition feeding device" is defined in Penal Law 265.00(23) as a magazine, belt, drum, feed strip, or similar device "that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition," with carve-outs for certain .22 caliber rimfire tubular devices and for curios or relics. Possession is generally a class D felony under Penal Law 265.02(8). Ten rounds is the operative number. New York describes the SAFE Act amendments on gunsafety.ny.gov as "[s]uspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds." Penal Law 265.37 stays on the books as a separate offense for knowingly possessing an ammunition feeding device that contains more than seven rounds, graded from a violation up to a class A misdemeanor depending on whether the device is possessed in the home and whether the offense is a repeat. The Second Circuit held that seven-round load limit unconstitutional in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), finding it "does not survive intermediate scrutiny." That holding applied intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history, and the statute was never repealed, so check the current position on gunsafety.ny.gov before loading above seven.
• New York City. New York City maintains its own separate and stricter handgun licensing system (New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York), and a state carry license is not valid in the city absent an NYPD special permit (Penal Law 400.00(6)).

Key Statutes

Bottom Line

New York has no open carry. A handgun may only be carried by a private citizen who holds a Penal Law 400.00(2)(f) concealed-carry license, that license is a license to carry concealed, and a licensee who carries openly risks prosecution under Penal Law 400.00(15) as a class A misdemeanor. Even a licensee is barred from the sensitive locations listed in Penal Law 265.01-e. Treat all twenty of those categories as in force, places of worship and public parks and public transit included. The only place-of-worship relief that survives is the party-specific injunction for Pastor Spencer and the Tabernacle Family Church, and the statute's own exception covers people responsible for security at the place of worship. The social media subparagraph in Penal Law 400.00(1)(o)(iv) has not been repealed and no court has held it unconstitutional. It came off the PPB-3 application form through a March 30, 2026 court-ordered settlement in Antonyuk, and the good-moral-character standard, in-person interview, character references, and training requirements all remain in effect. The private-property default in Penal Law 265.01-d is still on the books and permanently enjoined as to private property open to the public, affirmed by the Second Circuit on May 18, 2026, with the Supreme Court reaching the same conclusion about a Hawaii law in Wolford v. Lopez a month later. A licensee may carry on private property open to the public unless the owner prohibits it by conspicuous signage or actual notice, an owner may always bar firearms under property and trespass law, and property not held open to the public is still covered by the statute. Christian affirmed judgment for the State on the public parks ban, so parks stay off-limits. Long guns fall outside the handgun licensing scheme but squarely inside the location felonies. Remember that New York City is a separate, stricter licensing jurisdiction for handguns and for rifles and shotguns alike.

New York Concealed Carry Training Requirements

New York requires a license to carry a concealed pistol or revolver, and it cannot issue until the applicant completes a firearms safety course. The mandate sits in Penal Law 400.00(19), and Penal Law 400.00(1)(o)(iii) directs a carry applicant to submit to the licensing officer a "certification of completion of the training required in subdivision nineteen of this section".

The statutory mandate

Penal Law 400.00(19) opens by fixing when the duty attaches and who must satisfy it: "Prior to the issuance or renewal of a license under paragraph (f) of subdivision two of this section, issued or renewed on or after the effective date of this subdivision, an applicant shall complete an in-person live firearms safety course conducted by a duly authorized instructor with curriculum approved by the division of criminal justice services and the superintendent of state police".

The duty runs to a license under paragraph (f) of subdivision two, which is the license to "have and carry concealed, without regard to employment or place of possession" (Penal Law 400.00(2)(f)). The curriculum approval is conjunctive: the Division of Criminal Justice Services and the Superintendent of State Police both approve it. The subdivision then sets two components, and both must be met.

Paragraph (a): the classroom hours. The course requires "a minimum of sixteen hours of in-person live curriculum approved by the division of criminal justice services and the superintendent of state police, conducted by a duly authorized instructor approved by the division of criminal justice services". For the classroom component the statute names DCJS alone as the approver of the instructor.

The statute says the classroom curriculum "shall include but not be limited to the following topics", then lists eleven. The list is a floor:

1. General firearm safety
2. Safe storage requirements and general secure storage best practices
3. State and federal gun laws
4. Situational awareness
5. Conflict de-escalation
6. Best practices when encountering law enforcement
7. The statutorily defined sensitive places in subdivision two of section 265.01-e and the restrictions on possession on restricted places under section 265.01-d
8. Conflict management
9. Use of deadly force
10. Suicide prevention
11. The basic principles of marksmanship

Paragraph (b): the range hours. The course requires "a minimum of two hours of a live-fire range training course."

Sixteen classroom hours plus two live-fire hours is how the statute states the requirement. Eighteen hours is the sum, not a figure the statute itself uses.

Proficiency: what an applicant has to demonstrate

Penal Law 400.00(19) sets a two-part proficiency showing, and both parts are required. The applicant "shall be required to demonstrate proficiency by scoring a minimum of eighty percent correct answers on a written test for the curriculum under paragraph (a) of this subdivision and the proficiency level determined by the rules and regulations promulgated by the division of criminal justice services and the superintendent of state police for the live-fire range training under paragraph (b) of this subdivision."

The written score is fixed in statute; the live-fire standard is delegated to DCJS and the Superintendent.

The approved curriculum as the agencies published it

DCJS and the Division of State Police issued Minimum Standards for New York State Concealed Carry Firearm Safety Training, dated August 23, 2022, "to guide Duly Authorized Instructors in administering concealed carry firearms safety training courses as required by New York Penal Law § 400.00(19)." The standards also state that "Course materials and qualified instructors that satisfy all the minimum standards defined herein will be deemed approved by DCJS and DSP." The detail below comes from that document, not the statute.

On the classroom component the standards state that training "must include 16 hours of in-person live classroom instruction conducted by a Duly Authorized Instructor", and assign minimum hours to four listed topics:

• General firearm safety, including firearm and ammunition function, cleaning, safe handling, range safety rules, and holster and retention considerations: 2 hours minimum
• Firearm safe storage under Penal Law 265.45 and 265.50, plus secure storage and transportation practices: 1 hour minimum
• State and federal gun laws, including disqualifiers under 18 U.S.C. 922(g) and New York law, private transfer restrictions under General Business Law 898, and license, registration, recertification and renewal duties under Penal Law Articles 265 and 400: 2 hours minimum
• Basic principles of marksmanship, including stance, grip, sight alignment, sight picture, breathing, and trigger control: 1 hour minimum

The remaining classroom topics carry no separate hour minimum, and the standards add one subject the statute does not enumerate: the adverse effects of alcohol and drug use as it pertains to firearm safety.

On the written test the standards add a records duty: "Duly Authorized Instructors must maintain records of student performance on the written examination for at least five (5) years".

On the range component the standards state that training "must include 2 hours of live-fire training conducted by a Duly Authorized Instructor", covering range safety, safe drawing, target acquisition and re-holstering, dry firing, safe loading and unloading, and firearm condition checks.

The live-fire proficiency assessment runs in sequence through safe-condition, draw, target acquisition and loading steps, then on command, "fire all five rounds from a standing position, from a distance of 4 yards" at a paper target measuring 25 and one half inches by 11 inches, where "At least four out of the five rounds must be on target", and closes with a final condition check. Either live ammunition or non-lethal training ammunition may be used, and assessment records must be kept for at least five years.

Confirm the current version of these standards on the state's firearm safety training standards page before relying on any figure.

Possessing a handgun during the range hours

An applicant without a license still must fire a handgun to finish the course. Penal Law 265.20(a)(3-a) supplies the exemption: "Possession of a pistol or revolver by a person undergoing live-fire range training pursuant to section 400.00 of this chapter while such person is undergoing such training and is supervised by a duly authorized instructor." Both conditions have to hold at once.

The certificate of completion

Penal Law 400.00(19) provides that on the required showing, "a certificate of completion shall be issued to such applicant in the applicant's name and endorsed and affirmed under the penalties of perjury by such duly authorized instructor." That certificate goes to the licensing officer under Penal Law 400.00(1)(o)(iii).

New York City adds a freshness rule. Under the NYPD licensing rules at 38 RCNY 5-03(a)(2), a carry or special handgun license applicant "must submit a certification of completion of the training required by § 400.00(1)(o)(iii) of the New York State Penal Law. The applicant must complete such training and receive such certificate no more than six (6) months prior to submission of their application."

Who has to take the course, by track

State guidance states that "Any individual who seeks to obtain a concealed carry license for a pistol or revolver will be required to take the 16-hour classroom and 2-hour live-fire firearm safety training course", required for licenses issued on or after September 1, 2022.

Renewal and recertification split apart, and the split follows jurisdiction:

• Renewal in New York City, Westchester, Nassau, or Suffolk counties. State guidance states that "Individuals renewing their license in New York City or Westchester, Nassau, and Suffolk counties must complete the training."
• Recertification with the State Police. State guidance states that "The firearm safety training course is not required to recertify your concealed carry license with the State Police." The recertification form under Penal Law 400.00(10)(b) collects information only, and the state's recertification page notes that permit holders in New York City, Nassau, Suffolk, and Westchester follow county requirements instead.
• Existing holders outside those four jurisdictions. State guidance states that "Existing concealed carry pistol or revolver license holders with licenses that were issued outside of New York City or Westchester, Nassau, or Suffolk counties are not required to take the firearm safety training course."
• Premises licenses. State guidance states that "Premises license holders are not required to take the firearm safety training course."

Penal Law 400.00(19) closes by limiting repeat exposure for holders who predate the requirement: "An applicant required to complete the training required herein prior to renewal of a license issued prior to the effective date of this subdivision shall only be required to complete such training for the first renewal of such license after such effective date."

New York City reaches renewal applicants the course requirement does not: under 38 RCNY 5-03(a)(2), "Applicants whose renewal applications are not subject to such training requirement shall nevertheless, within six months of each renewal, submit a certification of completion of two hours of a live-fire range training course that meets the requirements of § 400.00(19)(b) of the Penal Law."

Credit for prior training, law enforcement, and military applicants

The standards give the licensing officer a credit power tied to a fixed lookback: "For concealed carry firearm license applicants who have completed a firearm safety training course within the five years preceding September 1, 2022, the respective licensing officer may give credit for such prior training to satisfy some or all of the training requirements set forth in New York Penal Law § 400.00(19), as the licensing officer deems appropriate." State guidance frames the same credit in rolling terms: "Local licensing officers have the discretion to determine whether a portion or all of the firearms training requirement is satisfied for those applicants who completed a firearm safety course in the previous 5 years". The standards' window is fixed to a 2022 date; the guidance's rolls forward.

Service does not carry a blanket exemption from the subdivision nineteen course. The partial hours exemption for honorably discharged servicemembers in Penal Law 400.00(1)(l)(i) is set out under Westchester below. State guidance states that "The firearm safety training requirements apply to all applicants for a concealed carry license. This includes retired law enforcement and former military personnel", while adding that "local licensing officers may satisfy the training requirement for active or retired military personnel or law enforcement officers who received firearm training, in excess of the standards set forth for the firearm safety training course, as a component of their service or profession (e.g., the New York State Basic Course for Police Officers)." That is discretionary, not an entitlement, so ask your licensing officer first.

Who may teach the course

Penal Law 265.00(19) defines "Duly authorized instructor" in four prongs: (a) a duly commissioned officer of the United States Army, Navy, Marine Corps or Coast Guard, or of the New York National Guard; (b) a duly qualified adult United States citizen granted a certificate as an instructor in small arms practice by the United States Army, Navy or Marine Corps, by the state Adjutant General, by the Division of Criminal Justice Services, or by the National Rifle Association of America; (c) a person designated by the Department of Environmental Conservation as its agent for instruction and certification in responsible hunting practices; or (d) a New York State 4-H certified shooting sports instructor.

The DCJS and State Police standards state that "Instructors authorized by New York Penal Law § 265.00(19) are deemed approved to instruct the concealed carry firearms safety training course." The standards also make licensing officers responsible for confirming an applicant's training came from a Duly Authorized Instructor before a license issues or renews.

Westchester's separate certificate

Westchester County carries a separate safety course certificate requirement. Penal Law 400.00(4-c) directs the licensing officer to give each applicant the safety course booklet at application, and provides that before a license issues the officer "shall require that the applicant submit a certificate of successful completion of a firearms safety course and test". Penal Law 400.00(1)(l) carries the matching eligibility criterion.

That paragraph opens "in the county of Westchester", then carves out three groups. Persons honorably discharged from the United States army, navy, marine corps or coast guard, or of the New York national guard, who produce evidence of official qualification in firearms during their service "are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm". Persons licensed before the paragraph took effect need no course or test, but carry licensees who held a license before the 2022 amendment "shall be required to complete the training required by subdivision nineteen of this section prior to the recertification of such license". Post-2022 carry applicants must complete "the training required under subdivision nineteen of this section for such license". The statute does not say how far that opening Westchester language reaches, so ask your licensing officer or the State Police how the proviso applies where you file.

What the course costs

Neither the statute nor the standards set a price. State guidance states that "Training costs and locations will be set by the instructor." Because the instructor sets the price, quotes vary. Range fees may be billed separately from classroom tuition, so ask what a quote includes.

Litigation status of the training requirement

The training requirement was not enjoined in the litigation over the 2022 law. In its post-remand opinion in Antonyuk, the Second Circuit recounted that the district court "declined, however, to enjoin the requirements that an applicant attend an in-person meeting, provide four character references, and undergo firearms training", and that plaintiffs "have not cross-appealed from or otherwise challenged those rulings here, so we express no view on them." Penal Law 400.00(19) and 400.00(1)(o)(iii) are in force, and the Second Circuit decided the case on remand on October 24, 2024, so confirm the current status before relying on this.

Key citations

• Penal Law 400.00(19) - the mandate, proficiency showing, and certificate.
• Penal Law 400.00(1)(o)(iii) - certification filed with the application.
• Penal Law 400.00(2)(f), 400.00(10)(b), (d) - license type, recertification and renewal cycles.
• Penal Law 400.00(1)(l), 400.00(4-c) - Westchester safety course certificate.
• Penal Law 265.00(19), 265.20(a)(3-a) - instructor definition, live-fire possession exemption.
• 38 RCNY 5-03(a)(2) - New York City certification and renewal live-fire rules.
• DCJS and State Police, Minimum Standards for New York State Concealed Carry Firearm Safety Training (August 23, 2022).
• Antonyuk v. James (2d Cir., decided on remand October 24, 2024) - the district court declined to enjoin the training requirement.

New York licenses pistols and revolvers under Penal Law 400.00, but the provision that decides where you file is Penal Law 265.00(10), defining "licensing officer." In the city of New York it is the police commissioner of that city. In Nassau County it is the commissioner of police of that county. In Suffolk County it is the sheriff, except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, where it is the county commissioner of police. For purposes of Penal Law 400.01 it is the superintendent of state police. Elsewhere in the state it is "a judge or justice of a court of record having his office in the county of issuance."

That split produces two tracks sharing a statute but not a form, a filing method, or a fee schedule. The license authorizing carry on the person issues under Penal Law 400.00(2)(f), to "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person."

Outside New York City: filing with the county licensing officer

Penal Law 400.00(3)(a) directs that applications be made and renewed "to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper." The same paragraph provides that blank applications "shall, except in the city of New York, be approved as to form by the superintendent of state police." That carve-out is why the counties share one State Police form and the City runs its own.

The State Police publish it as PPB 3, the Pistol/Revolver License Application and Semi-Automatic Rifle License Application, listed under "County Pistol/Revolver/Semi-Automatic Rifle License Forms" with PPB 3A a continuation sheet and PPB 3B a fingerprint form. The applicant checks Carry Concealed, Possess on Premises, or Possess/Carry During Employment, and the form is not valid unless sworn.

PPB 3 does not ask for social media accounts. Penal Law 400.00(1)(o)(iv), requiring a concealed carry applicant to submit "a list of former and current social media accounts of the applicant from the past three years," has not been repealed. In Antonyuk v. James the Second Circuit affirmed a preliminary injunction against enforcing it, holding that requiring applicants to disclose even pseudonymous account names "imposes an impermissible infringement on Second Amendment rights." A stipulation of partial settlement there, signed by U.S. District Judge Glenn T. Suddaby on March 30, 2026, added a permanent injunction against enforcing that subparagraph against plaintiff Lawrence Sloane plus the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The injunction "shall terminate in the event that the New York State Legislature repeals New York Penal Law § 400.00(1)(o)(iv)."

What the application must state

Under 400.00(3)(a) the application states each signer's full name, date of birth, residence and present occupation, United States citizenship, compliance with each eligibility requirement in subdivision one, "and such other facts as may be required to show the good character, competency and integrity of each person or individual signing the application." It is signed and verified, with a photograph "taken within thirty days prior to filing the application." Permit basics covers those criteria.

For a concealed carry license, subdivision (1)(o) adds an in-person step and five submissions. The applicant "shall meet in person with the licensing officer for an interview" and shall submit, beyond anything else the application requires:

1. Names and contact information for the applicant's current spouse, or domestic partner, any other adults residing in the applicant's home, including any adult children, and whether or not there are minors residing, full time or part time, in the home.
2. Names and contact information of no less than four character references who can attest to the applicant's good moral character and that the applicant has not engaged in acts or made statements suggesting a likelihood of conduct resulting in harm to themselves or others.
3. Certification of completion of the training required in subdivision nineteen, which training requirements covers.
4. The list of social media accounts described above.
5. "such other information required by the licensing officer that is reasonably necessary and related to the review of the licensing application."

The Second Circuit rejected the facial challenges to the character requirement, the cohabitants requirement in item 1, and the catch-all in item 5, vacating the injunctions against them. It noted that the interview, the four references, and the training requirement were not before it, since the district court denied preliminary relief on those and plaintiffs did not cross-appeal. Item 5 is an operative grant of discretion, so a licensing officer may ask for material beyond the printed form.

Section 400.00(1)(n) bars a 2(f) license where the applicant was convicted within five years of the application date of assault in the third degree under Penal Law 120.00, misdemeanor driving while intoxicated under Vehicle and Traffic Law 1192, or menacing under Penal Law 120.15. In Westchester County, 400.00(1)(l) and 400.00(4-c) add a firearms safety course and test, with the licensing officer required to hand each applicant the course booklet at application and to require the certificate before issuing.

Investigation, fingerprints, and the six-month clock

Section 400.00(4) requires an investigation of all statements in the application by "the duly constituted police authorities of the locality where such application is made," including records accessible to the State Police or the Division of Criminal Justice Services under Penal Law 400.02. Department of mental hygiene records on the applicant's previous or present mental illness are available for inspection by the investigating officer of the police authority. That officer takes fingerprints and physical descriptive data "in quadruplicate" of each individual signing the application, and the resulting cards reach the Division of Criminal Justice Services and the Federal Bureau of Investigation.

Section 400.00(4-b) governs timing. Applications "shall be accepted for processing by the licensing officer at the time of presentment." Then, "Except upon written notice to the applicant specifically stating the reasons for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date of presentment of such an application to the appropriate authority." Delay "may only be for good cause and with respect to the applicant." Acting means one of two things: deny "for reasons specifically and concisely stated in writing," or grant the application and issue the license. The statute attaches no consequence to a missed deadline and creates no deemed approval.

On cost, 400.00(14) sets the fee outside the city of New York and the counties of Nassau and Westchester at "not less than three dollars nor more than ten dollars as may be determined by the legislative body of the county," which is why the amount differs by county. Fees and costs has the detail.

New York City: the NYPD License Division

Administrative Code 10-131(a)(1) directs that the police commissioner "shall grant and issue licenses hereunder pursuant to the provisions of article four hundred of the penal law." Penal Law 400.30 lets City rules go beyond Article 400: nothing in the article prevents "the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set forth in or established by this article." The mechanics are codified at Title 38, Chapter 5 of the Rules of the City of New York.

38 RCNY 5-01 lists the classes: premises, carry for a resident or non-resident, carry guard and gun custodian, and special licenses for holders of a valid New York State county carry license. Section 5-02 sets the baseline: good moral character, no felony or serious offense conviction as defined in Penal Law 265.00(17), no misdemeanor crime of domestic violence under 18 U.S.C. 921(a), disclosure of any order of protection or extreme risk protection order and of any history of mental illness, no prior license revocation and no suspension or ineligibility order under Criminal Procedure Law 530.14 or Family Court Act 842-a, freedom from any disability or condition that may affect the ability to safely possess or use a handgun, residence or a principal place of business within the confines of New York City, and age 21 or older.

Section 5-03 layers the carry and special license requirements on top of 5-02 and 5-05. Such an applicant, including on renewal, must have no conviction for a misdemeanor identified in Penal Law 400.00(1)(n) within five years of the application date, "meet in person with a licensing officer in the License Division for an interview," submit at least four character references of whom two must be non-family members, and submit the training certification required by Penal Law 400.00(1)(o)(iii), completed no more than six months before submission.

Section 5-05 requires every applicant under the chapter to meet with a licensing officer in the License Division for an interview, where the applicant is advised whether any additional forms or documents are required. Subdivision (a) provides that "The application form will be available online and shall be completely filled out and submitted electronically via the License Division's online application portal." Incomplete applications are not reviewed, and none is accepted or processed without the required fee payments. The uploads include a recent color photograph, proof of birth date and present address, proof of citizenship or alien registration and military discharge papers where applicable, a certificate of disposition and an affirmed statement for every arrest even if dismissed or sealed, household contact information, all currently held firearm licenses, and a lifetime motor vehicle abstract for every state of residence in the preceding five years. Fingerprinting happens at an appointment the Division designates. Fees go to the Police Department and, separately, to the state Division of Criminal Justice Services; Administrative Code 10-131(a)(2) sets the City fee at three hundred forty dollars for each original or renewal application for a three year license period or part thereof, non-refundable on denial under 10-131(a)(4).

A person who resides outside New York State and is not principally employed within the City applies under 5-03(b), which waives the City residence requirement but adds a background investigation form completed by local law enforcement in each jurisdiction of residence for the preceding five years, plus a status form for any license held elsewhere.

The License Division states on its portal that since January 2018 all firearm license applications, including renewals, must be submitted online, and that it contacts online applicants to schedule fingerprinting. Anyone unwilling or unable to submit electronically may contact the Division by telephone under 38 RCNY 5-05.1 to arrange a practicable non-electronic alternative. Under 5-07 an approved applicant receives a "Notice of Application Approval" and has thirty calendar days from its date to act on it before the license and application may be cancelled.

Carrying a county license inside the City

Penal Law 400.00(6) is where the tracks meet. A license to carry or possess, not otherwise limited as to place or time, "shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city." The subdivision then lists narrow exceptions, among them transport in a locked container on a continuous and uninterrupted trip. The special permit is the special license class in 38 RCNY 5-01(d), applied for through 5-03, and Administrative Code 10-131(a)(3) sets its fee at three hundred forty dollars. In Frey v. City of New York the Second Circuit affirmed denial of a preliminary injunction against the 400.00(6) special permit requirement, holding plaintiffs unlikely to succeed on the merits on the preliminary record.

If the application is denied

Penal Law 400.00(4-a) covers a denial, non-renewal, non-recertification, or revocation: "the licensing officer shall issue a written notice to the applicant setting forth the reasons for such denial." The applicant may, within ninety days of receipt, request a hearing before the appeals board created by the Division of Criminal Justice Services and the superintendent of state police, may be represented by counsel, and must be allowed to present additional evidence. The statute directs those officials to promulgate rules governing the process.

The Division and the State Police describe that process as established under Penal Law 400.00(4-a) and New York Codes, Rules and Regulations Part 6059, and state that it applies "only in counties where the firearm licensing officer is not a judge: Bronx, Kings, New York, Nassau, Queens, Richmond, and Suffolk." Their guidance adds that non-judicial licensing officers must designate Firearms License Appeals Officers, and that an appeal goes in writing to the Firearms Appeals Board within 90 days of the denial. City applicants also have 38 RCNY 5-07(e), a sworn "Appeal of Application Disapproval" filed with the Director, License Division within ninety calendar days of the Notice of Application Disapproval. Under 5-07(f) a "Notice of Disapproval After Appeal" ends the Department's administrative review. Confirm with your licensing officer which route your denial takes.

The Second Circuit in Antonyuk observed that a notice failing to articulate the evidence behind a character determination, or to connect it to the applicant's untrustworthiness to carry without endangering himself or others, "may well be deemed arbitrary and thus subject to vacatur under Article 78 of the New York Civil Practice Law and Rules," and that an administrative appeal under 400.00(4-a) is likely a prerequisite to an Article 78 proceeding.

Recertification is not renewal

Recertification under 400.00(10)(b) goes to the Division of State Police on a form the superintendent approves, and failure to recertify "shall act as a revocation of such license." Renewal is a fresh application to the licensing officer, for licenses carrying an expiration date, which under 400.00(10)(a) include City licenses and those in Nassau, Suffolk and Westchester. Section 400.00(10)(d) sets the interval for 2(f) licenses at three years, recertification and renewal alike. The renewal process section covers both.

On grading: under Penal Law 400.00(15), "Any violation by any person of any provision of this section is a class A misdemeanor." In New York City, 38 RCNY 5-11 provides that a handgun license shall be revoked on a determination that the applicant knowingly made a material false statement on the application.

Fees and Costs: New York Pistol and Revolver License

New York does not have one license price. Penal Law 400.00(14) is the fee provision, and it does two different things: it fixes a short list of small dollar amounts for the rest of the state, and it hands the main license fee to local government in New York City and the counties of Nassau and Westchester. On top of that fee comes a firearms safety course priced by the instructor, and the recurring cost after issuance turns on whether the license expires and must be renewed or runs until revoked and must be recertified.

What Penal Law 400.00(14) fixes outside the fee-setting jurisdictions

Subdivision 14 provides that "Elsewhere in the state, the licensing officer shall collect and pay into the county treasury the following fees":

• For each license to carry or possess a pistol or revolver, or to purchase or take possession of a semiautomatic rifle, "not less than three dollars nor more than ten dollars as may be determined by the legislative body of the county".
• "for each amendment thereto, three dollars, and five dollars in the county of Suffolk".
• "for each license issued to a gunsmith or dealer in firearms, ten dollars."

Two more amounts follow in freestanding sentences of the same subdivision: "The fee for a duplicate license shall be five dollars" and "The fee for processing a license transfer between counties shall be five dollars." Penal Law 400.00(10)(a) supplies the filing the duplicate fee attaches to: on satisfactory proof that a currently valid original license has been "despoiled, lost or otherwise removed from the possession of the licensee" and on an application containing an additional photograph of the licensee, "the licensing officer shall issue a duplicate license."

Read that band carefully. The three to ten dollar figure is the license fee the licensing officer pays into the county treasury, not a cap on what applying costs. Those are the amounts subdivision 14 itself names for the rest of the state. Any other charge a county collects comes from somewhere other than this subdivision, so ask the issuing office what it actually bills. Note also that Suffolk appears in subdivision 14 only for the five dollar amendment fee. Its license fee sits in the "Elsewhere in the state" clause, not in the local fee-setting clause below.

What the statute hands to local government

For three jurisdictions, subdivision 14 fixes the gunsmith and dealer amounts and hands the pistol and revolver license fee to local government: "In the city of New York and the counties of Nassau and Westchester, the annual license fee shall be twenty-five dollars for gunsmiths and fifty dollars for dealers in firearms. In such city, the city council and in the counties of Nassau and Westchester the legislative body of such county shall fix the fee to be charged for a license to carry or possess a pistol or revolver or to purchase or take possession of a semiautomatic rifle and provide for the disposition of such fees."

So in New York City, Nassau County, and Westchester County the pistol and revolver license fee is whatever local law sets. The three to ten dollar band does not reach those licenses there, and subdivision 14 supplies no figure to put in its place.

New York City's published amounts

New York City publishes its own schedule, and the amounts come from the city's law and rules rather than from the Penal Law. New York City Administrative Code 10-131(a)(2) provides that "Every license to carry or possess a pistol or revolver in the city may be issued for a term of no less than one or more than three years," and that every applicant "shall pay therefor, a fee of three hundred forty dollars for each original or renewal application for a three year license period or part thereof, a fee of ten dollars for each replacement application of a lost license." Section 10-131(a)(3) sets three hundred forty dollars for a special permit validating a license issued outside the city, three hundred forty dollars for each renewal of it, and ten dollars to replace a lost one. Section 10-131(a)(6) is the city counterpart to the county treasury rule elsewhere in the state: those fees "shall be collected by the police commissioner, and shall be paid into the general fund of the city established pursuant to section one hundred nine of the charter".

The NYPD License Division page states the same application figure and adds the print charge: "The application fee is $340.00" and "The fee for fingerprints is $89.75." Those may be paid by credit card or by two separate money orders made payable to the New York City Police Department, and all fees are non-refundable. That $89.75 is the New York City fingerprint fee as the NYPD publishes it. Do not carry that number to another county.

Title 38 of the Rules of the City of New York adds the mechanics and two smaller amounts. Under 38 RCNY 5-05(b), required fees at application are "payable to the New York City Police Department and the New York State Division of Criminal Justice Services," the DCJS fee "applies to all applicants" and is paid separately, and fingerprint fee waivers go to applicants whose prints are already on file with the License Division. Under 38 RCNY 5-31, replacing a lost license or one that was altered, laminated, or mutilated requires "a ten ($10) dollar money order or certified check" payable to the N.Y.C. Police Department. A license reported stolen is replaced under 5-31(a)(2) with no money order at all, on a complaint report number, two color photos, and personal identification. A licensee who moves out of the city may ask that their records be transferred to the new licensing jurisdiction, and under 38 RCNY 5-32(a) the request is made in writing by the new licensing agency and accompanied by "a five ($5.00) dollar money order" payable to the N.Y.C. Police Department.

Getting the number for your county

Outside New York City, Nassau, and Westchester, the amount inside the three to ten dollar band is a county decision. In Nassau and Westchester the county legislative body fixes the fee with no statutory band at all. Either way the issuing office is the only reliable source for the number. Penal Law 265.00(10) identifies that office: elsewhere in the state, "a judge or justice of a court of record having his office in the county of issuance," and in New York City, Nassau, and Suffolk a named police commissioner or sheriff. Penal Law 400.00(3)(a) sends the application to the licensing officer where the applicant "resides, is principally employed or has his or her principal place of business as merchant or storekeeper". Ask that office for a current schedule before you pay anything: what it collects under Penal Law 400.00(14), what the print charge is and who collects it, and whether it adds any charge of its own.

Renewal and recertification are different costs

Penal Law 400.00(10)(a) sets the terms. Gunsmith and dealer licenses and, in the city of New York, any license to carry or possess a pistol or revolver expire "not more than three years after the date of issuance," except as paragraph (d) provides. In the counties of Nassau, Suffolk and Westchester, a license to carry or possess a pistol or revolver expires "not more than five years after the date of issuance." Elsewhere than New York City and the counties of Nassau, Suffolk and Westchester, the license "shall be in force and effect until revoked."

Paragraph (d) overrides those base terms for carry licenses: licenses issued under Penal Law 400.00(2)(f) "shall be recertified or renewed every three years following the issuance of such license." Paragraph (b) sets the general cycle, that "All licensees shall be recertified to the division of state police every five years thereafter, except as otherwise provided in paragraph (d)," and warns that "Failure to recertify shall act as a revocation of such license."

New York State Police and DCJS guidance states the practical split: "A pistol or revolver license issued by New York City or Westchester, Nassau, and Suffolk counties expires and needs to be renewed every 3 years. A pistol or revolver license issued outside of those areas does not expire, but the license holder must recertify with the New York State Police every 3 years for a concealed carry license and every 5 years for other types of licenses." The state's pistol permit recertification page adds that permit holders in New York City, Nassau, Suffolk, or Westchester do not recertify with State Police and follow their county's requirements instead.

The money follows that split. On recertification, the state's recertification guidance answers directly: "No, there are no fees associated with recertification; however, existing county fees associated with new applications and amendments still apply." A renewal is not free in the same way. In New York City it is a renewal application at the three hundred forty dollar figure in Administrative Code 10-131(a)(2), and 38 RCNY 5-28 states that "The licensee is required to renew their handgun license every three (3) years. The license expires on the licensee's birthday," with renewal fees payable online or by money order or certified check.

Two provisions guard against a lapse and the cost of starting over. Penal Law 400.00(10)(a) keeps a license "in full force and effect for thirty days beyond the stated expiration date," and an application to renew a license that has not expired, been revoked, or been cancelled "shall thereby extend the term of the license until disposition of the application by the licensing officer."

One related penalty carries a number. Under Penal Law 400.00(10)(c), a license to purchase or take possession of a semiautomatic rifle is recertified to the applicable licensing officer every five years, and "Failure to renew such a license shall be a violation punishable by a fine not to exceed two hundred fifty dollars".

Training is priced by the instructor

Penal Law 400.00(19) requires, before issuance or renewal of a license under paragraph (f) of subdivision two, an in-person live firearms safety course taught by a duly authorized instructor with curriculum approved by the Division of Criminal Justice Services and the Superintendent of State Police. It sets "a minimum of sixteen hours of in-person live curriculum" and "a minimum of two hours of a live-fire range training course," and requires "a minimum of eighty percent correct answers" on the written test plus the live-fire proficiency level fixed by DCJS and State Police rules.

The state does not set what that course costs. State guidance answers the question plainly: the course is provided by authorized instructors in accordance with the published State Police and DCJS training standards, and "Training costs and locations will be set by the instructor." Compare total price, schedule, and live-fire arrangements across DCJS-approved instructors in your area, and confirm with your licensing officer that the certificate you will receive is the one that office accepts.

Training also recurs unevenly, which changes the multi-year cost. State guidance states that individuals renewing a license in New York City or Westchester, Nassau, and Suffolk counties must complete the training, and that the course "is not required to recertify your concealed carry license with the State Police." Licensing officers have discretion to decide whether a course completed in the previous five years satisfies part or all of the requirement.

Westchester County applicants face a second certificate. Penal Law 400.00(1)(l) conditions eligibility in that county on having "successfully completed a firearms safety course and test," and Penal Law 400.00(4-c) directs the licensing officer there to require that certificate before the license issues.

Other charges the law names

Penal Law 400.00(3)(a) requires each individual signing an application to submit one photograph plus a duplicate for each required copy, taken within thirty days before filing. Penal Law 400.00(9) lets a licensee outside New York City apply at any time to amend a license to add or cancel weapons, which is the filing that subdivision 14's three dollar amendment fee attaches to elsewhere in the state, or five dollars in Suffolk County.

If you later buy or receive a firearm in a private sale, General Business Law 898(4) provides that "A dealer may require that any sale or transfer conducted pursuant to this section be subject to a fee of not to exceed ten dollars per transaction" for running the required background check. Ammunition, range time, a safe or lockbox, and a holster are priced by retailers and ranges, and none of them appear in the statutory fee schedule.

Fee waivers

Penal Law 400.00(14) waives one specific charge statewide. The fee for processing a license or renewal is waived "in all counties throughout the state" for a qualified retired police officer under Criminal Procedure Law 1.20(34), a qualified retired sheriff, undersheriff, or deputy sheriff of the city of New York under CPL 2.10(2), a qualified retired Triborough Bridge and Tunnel Authority officer, sergeant, or lieutenant under CPL 2.10(20), a qualified retired uniformed court officer in the unified court system and a qualified retired court clerk in that system in the first and second judicial departments under CPL 2.10(21)(a) and (b), and a retired correction officer under CPL 2.10(25). By its terms the waiver reaches the fee for processing the license or its renewal. It does not speak to fingerprinting, photographs, or the course, so confirm those with the issuing office.

New York City Administrative Code 10-131(a)(7) provides the parallel waiver for city licenses, and 10-131(a)(5) provides that no fee is charged for a license to have and carry concealed issued on the application of the commissioner of correction or the warden or superintendent of a prison, penitentiary, workhouse, or other detention institution in the city. Where a fee is charged in the city, 10-131(a)(4) provides that it "shall not be refunded in the event that an original or renewal application, or a special validation permit application, is denied by the police commissioner."

Renewing and Recertifying a New York Pistol or Revolver License

New York is a licensed-carry state. You cannot lawfully possess or carry a handgun without a pistol or revolver license issued under Penal Law 400.00, and that license does not last forever. Depending on where it was issued, you either renew it (the license expires and you reapply) or recertify it (the license stays in force but you must periodically confirm your information with the New York State Police). Failing to keep a license current can turn lawful possession into a crime, so the dates matter.

Renewal vs. Recertification

New York handles continued validity two ways, depending on the issuing jurisdiction.

• Renewal applies to licenses issued by New York City and the counties of Nassau, Suffolk, and Westchester. In those jurisdictions a pistol or revolver license carries an expiration date and must be renewed. Penal Law 400.00(10)(a) sets the base terms: in the city of New York such a license expires "not more than three years after the date of issuance," and in the counties of Nassau, Suffolk and Westchester "not more than five years after the date of issuance." Both terms are expressly subject to paragraph (d), so a concealed carry license (a "have and carry" license issued under Penal Law 400.00(2)(f)) runs on a 3-year cycle (Penal Law 400.00(10)(d)).
• Recertification applies to licenses issued everywhere else in the state. Outside New York City and Nassau, Suffolk, and Westchester counties, a pistol or revolver license does not expire; it "shall be in force and effect until revoked as herein provided" (Penal Law 400.00(10)(a)). Instead, the holder must recertify with the New York State Police on a fixed cycle. Penal Law 400.00(10)(b) is written broadly, that "All licensees shall be recertified to the division of state police every five years thereafter," subject to paragraph (d), but state guidance directs holders of licenses issued in New York City, Nassau, Suffolk, or Westchester to follow their county's requirements instead of recertifying with the State Police.

The official New York State guidance states the same split: licenses issued by New York City or Westchester, Nassau, and Suffolk counties expire and must be renewed; licenses issued elsewhere do not expire but must be recertified with the State Police.

The Recertification and Renewal Cycle

The semiautomatic rifle license is the one cycle that does not run to the State Police. Penal Law 400.00(10)(c) provides that it "shall be recertified to the applicable licensing officer every five years following the issuance of such license," and that failure to renew it "shall be a violation punishable by a fine not to exceed two hundred fifty dollars," which the licensing officer must also weigh when reviewing that holder's future license applications.

Two points on the 3-year carry cycle:

• For carry licenses issued under paragraph (f) of Penal Law 400.00(2), the 3-year period in paragraph 10(d) controls. Paragraph 10(a) fixes the New York City and Nassau, Suffolk and Westchester terms "except as otherwise provided in paragraph (d) of this subdivision," and paragraph 10(b) sets the five-year State Police recertification cycle on the same condition, so paragraph (d) overrides both. That is why a concealed carry license expires every 3 years in New York City and Nassau, Suffolk, and Westchester counties, and why a concealed carry license elsewhere must be recertified every 3 years rather than the older 5-year cycle. Paragraph (d) also carried its own transition rule: a carry license issued more than three years before that paragraph took effect, or set to expire within a year of it, had to be recertified or renewed within one year of that date.
• Before the Concealed Carry Improvement Act (the CCIA, effective September 1, 2022), the recertification cycle for a concealed carry license was 5 years. The CCIA shortened it to 3 years. The cycle for premises licenses was not changed and remains 5 years.

The State Police confirm a recertification completes the requirement of "subsection 10(b) of section 400.00 of the penal law" and assign your next recertification date when you finish.

How to Recertify (Outside NYC, Nassau, Suffolk, Westchester)

Recertification with the New York State Police is done online only; the State Police no longer accept paper forms from in-state residents (out-of-state residents who lack a New York State driver license or non-driver ID must use the paper form).

• Recertification portal: https://firearms.troopers.ny.gov/pprecert/welcome.faces
• General information: https://gunsafety.ny.gov/pistol-permit-recertification

You will need your name, address, date of birth, New York State driver license or non-driver ID number, and an inventory of the pistols and revolvers covered by your license. Most of this is on your county-issued license. The recertification form requires you to affirm that you are not prohibited from possessing firearms (Penal Law 400.00(10)(b)). A person whose license is suspended cannot recertify, because that person cannot make that affirmation.

There is no fee for recertification, though existing county fees for new applications and amendments still apply. Recertifying does not produce a new physical license; you must still carry your county-issued pistol or revolver license on your person while carrying a handgun (Penal Law 400.00(8)).

Recertification comes due on the cycle itself. The only notice duty written into Penal Law 400.00(10)(b) was a one-time one: for licenses issued before the 2013 chapter that added the paragraph, recertification was due on or before January 31, 2018, and the State Police were to notify holders who had not recertified at least a year before that date.

What Happens If You Miss the Deadline

Failure to recertify acts as a revocation of the license (Penal Law 400.00(10)(b)). This is the single most important consequence in this section: an unrecertified license is treated as revoked, and possessing or carrying a handgun without a valid license is a crime under Article 265 (for example, criminal possession of a firearm under Penal Law 265.01-b, a class E felony, or criminal possession of a weapon in the fourth degree under Penal Law 265.01, a class A misdemeanor).

A short grace window exists for renewals. A license that has not been revoked or cancelled remains in full force for 30 days beyond its stated expiration date, and an application to renew a license that has not already expired, been revoked or been cancelled extends the term until the licensing officer disposes of it (Penal Law 400.00(10)(a)). Separately, possessing a handgun within the one-year period after the stated expiration date of an otherwise valid license "which has not been previously cancelled or revoked" is punishable only as a class A misdemeanor under Penal Law 400.00, rather than reaching Article 265 (Penal Law 400.00(17)).

Both of those windows are measured from a stated expiration date, so they speak to licenses that expire, which means New York City, Nassau, Suffolk, and Westchester. A license issued elsewhere carries no stated expiration date, and a missed recertification there acts as a revocation rather than an expiration. Do not treat either window as a substitute for recertifying or renewing on time.

A denial, non-renewal, non-recertification, or revocation must be issued in writing with the reasons stated, and you may request a hearing within 90 days of receiving that notice, before the appeals board created by the Division of Criminal Justice Services and the Superintendent of State Police (Penal Law 400.00(4-a)).

Training at Renewal or Recertification

The CCIA created an 18-hour firearm safety training requirement for concealed carry licenses: a minimum of 16 hours of in-person classroom instruction plus a minimum of 2 hours of live-fire range training, taught by an authorized instructor using a curriculum approved by the Division of Criminal Justice Services and the State Police (Penal Law 400.00(19)). The applicant must score at least 80 percent on a written test and meet the live-fire proficiency standard, after which the instructor issues a certificate of completion.

Whether this training applies when you renew or recertify depends on which process you are in:

• Renewing in New York City or in Nassau, Suffolk, or Westchester counties: Yes. A person seeking to renew a concealed carry license on or after September 1, 2022, must complete the firearm safety training course before renewal (Penal Law 400.00(19)). Under the statute, an applicant required to take this training before renewing a license issued before the CCIA only has to complete it for the first renewal after the law took effect.
• Recertifying with the State Police (everywhere else): No. Existing concealed carry license holders whose licenses were issued outside New York City and Nassau, Suffolk, and Westchester counties are not required to take the firearm safety training course to recertify, according to New York State Police guidance.
• Premises license holders: Not required. The training requirement applies to concealed carry ("have and carry") licenses, not "have and possess" premises licenses.

State guidance says local licensing officers have the discretion to decide whether a portion or all of the training requirement is satisfied for an applicant who completed a firearm safety course in the previous five years. Service is not a blanket exemption: the same guidance says the training requirements apply to all applicants for a concealed carry license, retired law enforcement and former military included, while allowing that a licensing officer may satisfy the requirement for active or retired military or law enforcement who received firearm training in excess of the course standards as part of their service or profession. That is discretion, not an entitlement, so ask your licensing officer before you count on it.

The 400.00(19) curriculum must cover general firearm safety; safe storage requirements and secure storage best practices; state and federal gun laws; situational awareness; conflict de-escalation; best practices when encountering law enforcement; the sensitive locations defined in Penal Law 265.01-e and the restricted-location rules in Penal Law 265.01-d; conflict management; the use of deadly force (under Penal Law 35.15(2)(a) a person may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others, the necessity can be avoided by retreating, with no duty to retreat when in his or her dwelling and not the initial aggressor); suicide prevention; and the basic principles of marksmanship, in addition to the live-fire component.

Keeping Your License Current Between Cycles

A pistol or revolver license is "not transferable to any other person or premises" (Penal Law 400.00(6)), and it specifies each covered weapon by calibre, make, model, manufacturer's name and serial number, and whether it was issued to carry on the person or to possess on the premises (Penal Law 400.00(7)). Keep it accurate:

• Adding or removing a handgun. Outside New York City, you may apply to your licensing officer at any time to amend your license to add or cancel handguns; the amendment is filed with the State Police (Penal Law 400.00(9)). Amendments are handled through your county licensing authority and have no effect on your recertification date.
• Change of address. Notify the appropriate authority in writing within 10 days of the change and record it on your license (Penal Law 400.00(9)). If the State Police discover through the recertification process that a licensee failed to provide a change of address, the statute directs that they "shall not require the licensing officer to revoke such license" on that basis (Penal Law 400.00(10)(b)). That is a limit on the State Police, not permission to skip the 10-day notice.
• Lost, destroyed, or stolen license. On proof that a currently valid license was lost, despoiled, or otherwise removed from your possession, and on application with an additional photograph, the licensing officer issues a duplicate (Penal Law 400.00(10)(a)).

New York City Is Separate

New York City administers its own, stricter handgun licensing through the NYPD License Division, governed by the New York City Administrative Code (Section 10-131) and the Rules of the City of New York (Title 38). A license issued elsewhere in the state "shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city," subject to the five narrow exceptions Penal Law 400.00(6) then lists, which cover locked-container transport, armored car security guards, and licenses marked for retired police officers, retired federal law enforcement officers, and state tax department peace officers. If your license was issued by the NYPD, follow the City's renewal process and deadlines rather than the State Police recertification system.

The CCIA and the Courts

The renewal, recertification, and training rules above come from the Concealed Carry Improvement Act, enacted after the U.S. Supreme Court struck down New York's old "proper cause" standard in New York State Rifle & Pistol Association v. Bruen (2022). The CCIA replaced "proper cause" with enhanced eligibility requirements, including the "good moral character" standard, which Penal Law 400.00(1)(b) defines as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others," along with an in-person interview, character references, and the 18-hour training.

The CCIA was challenged in Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), where the Second Circuit vacated the preliminary injunction against most of the provisions before it, leaving the licensing eligibility and training framework described in this section in force; the Supreme Court denied certiorari on April 7, 2025 (No. 24-795).

One CCIA rule is on the books but enjoined in part. Penal Law 265.01-d, the restricted-location offense that makes it a crime to carry onto another person's private property without the owner's permission, has not been repealed or struck down as a whole. On October 10, 2024, the U.S. District Court for the Western District of New York permanently enjoined the defendants "from enforcing" that section "with respect to private property open to the public," and the Second Circuit affirmed that injunction on May 18, 2026 in Christian v. James, 176 F.4th 189 (2d Cir. 2026). The State Police say on gunsafety.ny.gov that they are not currently enforcing the provision as to private property held open to the public. As to private property that is not held open to the public, 265.01-d still applies on its own terms, and an owner or lessee who does not want firearms on the premises may still exclude them. The Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez, No. 24-1046 (decided June 25, 2026), which confirms the reasoning but is not what changed New York's statute.

The renewal, recertification, and training-at-renewal provisions described here are not affected by those rulings and remain operative. Litigation over the 2022 law is still moving, so confirm the current status on gunsafety.ny.gov or with your licensing officer before you rely on any of it.

Key Statutory References

• Penal Law 400.00 - Licensing of pistols and revolvers (eligibility, issuance, renewal, recertification, amendment)
• Penal Law 400.00(10)(a) - Expiration and renewal periods; 30-day grace; duplicate licenses
• Penal Law 400.00(10)(b) - Five-year recertification; failure to recertify acts as revocation
• Penal Law 400.00(10)(c) - Five-year recertification of a semiautomatic rifle license to the licensing officer; failure to renew is a violation with a fine of up to $250
• Penal Law 400.00(10)(d) - Three-year recertification or renewal for concealed carry (paragraph (f)) licenses, overriding paragraphs (a) and (b)
• Penal Law 400.00(19) - 16-hour classroom plus 2-hour live-fire training; 80 percent test standard
• Penal Law 400.00(9) - Amendment of license; 10-day address-change notice
• Penal Law 400.00(4-a) - Appeals of denial, non-renewal, non-recertification, or revocation
• Penal Law 400.00(15) - Violation of Section 400.00 is a class A misdemeanor
• Penal Law 400.00(17) - Possession within one year after stated expiration punishable as a class A misdemeanor
• Penal Law 265.01-b - Criminal possession of a firearm (class E felony)
• Penal Law 265.01 - Criminal possession of a weapon in the fourth degree (class A misdemeanor)
• Penal Law 35.15(2) - Justification; duty to retreat before deadly physical force outside the home
• New York City Administrative Code 10-131; Rules of the City of New York Title 38 - Separate New York City handgun licensing

Prohibited Places - New York

Overview

New York is a licensed-carry state. Possessing a handgun requires a license issued under Penal Law 400.00, carrying one in public requires a carry license, and even a valid carry license does not let you carry everywhere. After the U.S. Supreme Court struck down New York's "proper cause" requirement in New York State Rifle & Pistol Association v. Bruen (June 23, 2022), the Legislature passed the Concealed Carry Improvement Act (CCIA), effective September 1, 2022. The CCIA created two new categories of off-limits places:

• Sensitive locations under Penal Law 265.01-e, where carrying a firearm, rifle, or shotgun is a crime for almost everyone, including licensed carriers.
• Restricted locations under Penal Law 265.01-d, which makes private property a default no-carry zone unless the owner or lessee posts a sign or gives express consent. A federal court has permanently enjoined the defendant state officials from enforcing that default as to private property open to the public, and the State Police say they are not enforcing it there. See the litigation note below.

Both statutes carry their own offense (criminal possession, a class E felony) and apply on top of the federal prohibited places that exist nationwide. All twenty categories on the 265.01-e sensitive-location list are in force, so treat every one of them as off-limits. Penal Law 265.01-d has not been repealed and has not been struck down as a whole. What changed is enforcement as to private property open to the public: under the injunction a licensee may carry there unless the owner or lessee prohibits firearms by conspicuous signage or actual notice. As to private property that is not held open to the public, 265.01-d still applies on its own terms.

New York City maintains its own separate, stricter handgun licensing and carry rules under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York. A license to carry or possess issued elsewhere in the state is not valid within the city unless a special permit granting validity is issued by the police commissioner of that city. Penal Law 400.00(6).

The City also sets its own place rule for long guns, and it applies on top of the state offenses. Under NYC Administrative Code 10-131(h)(1), carrying or possessing a loaded rifle or shotgun in public within the city limits is a misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment not exceeding one year, or both. Under 10-131(h)(2), carrying or possessing an unloaded rifle or shotgun in public within the city limits is an offense punishable by a fine of not more than fifty dollars, imprisonment not exceeding thirty days, or both, unless the rifle or shotgun is completely enclosed, or contained, in a non-transparent carrying case. Subdivision (h)(3) excepts persons in the military service of the state of New York when duly authorized, police officers and peace officers as defined in the Criminal Procedure Law, and participants in special events when authorized by the police commissioner. Treat the City as a distinct jurisdiction.

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Sensitive Locations (Penal Law 265.01-e)

Under Penal Law 265.01-e, a person is guilty of criminal possession of a firearm, rifle, or shotgun in a sensitive location when the person possesses such a weapon in or upon a sensitive location and knows or reasonably should know that the location is a sensitive location. The offense is a class E felony. The prohibition applies to all firearms, rifles, and shotguns, and a concealed carry license does not exempt the holder.

Penal Law 265.01-e(2) defines twenty categories, paragraphs (a) through (t). Every one of them is in force. The paragraph letters are given below so you can check this list against the statute.

Government and courts

• (a) Any place owned or under the control of federal, state, or local government for the purpose of government administration, including courts.

Health and behavioral health

• (b) Any location providing health, behavioral health, or chemical dependence care or services.
• (g), (h), (i) Programs licensed, regulated, certified, operated, or funded by the Office for People with Developmental Disabilities, the Office of Addiction Services and Supports, or the Office of Mental Health.
• (l) Residential settings licensed, certified, regulated, funded, or operated by the Department of Health.

Places of worship

• (c) Any place of worship, except for those persons responsible for security at the place of worship.
• The security exception is written into the statute itself. It was added by L. 2023 ch. 55, pt. F, effective May 3, 2023, along with the public-park definition below. Outside that exception, a place of worship is a class E felony location for a licensee. See the litigation note below.

Parks, libraries, and recreation

• (d) Libraries, public playgrounds, public parks, and zoos.
• For purposes of this section, "public park" does not include (i) privately held land within a public park not dedicated to public use, or (ii) the forest preserve as defined in Environmental Conservation Law 9-0101(6).

Children, youth, and families

• (e) Locations of programs licensed, regulated, certified, funded, or approved by the Office of Children and Family Services that serve children, youth, or young adults; legally exempt childcare providers; and childcare programs permitted under the New York City health code.
• (f) Nursery schools, preschools, and summer camps. Certain lawful activities at summer camps are preserved under Penal Law 265.20 subdivisions 7-c, 7-d, and 7-e.
• (j) Programs licensed, regulated, certified, operated, or funded by the Office of Temporary and Disability Assistance.

Shelters and vulnerable-population housing

• (k) Homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, emergency shelters, and residential programs for victims of domestic violence.

Educational institutions

• (m) Any building or grounds, owned or leased, of educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools licensed under article 101 of the Education Law, charter schools, non-public schools, BOCES, special act schools, preschool special education programs, schools for students with disabilities, and state-operated or state-supported schools.
• School grounds also carry a separate offense. Under Penal Law 265.01-a, a person is guilty of criminal possession of a weapon on school grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds used for educational purposes of any school, college, or university, or, in the statute's words, "upon a school bus as defined in section one hundred forty-two of the vehicle and traffic law," without the written authorization of the educational institution. That offense is a class E felony. It reaches a school bus, which paragraph (m) does not, and it excepts the forestry lands held for the State University of New York College of Environmental Science and Forestry.
• The written authorization route belongs to 265.01-a alone, and the statute limits who a school may authorize. A school as defined in Education Law 1125(10) may not issue that written authorization to a teacher, school administrator, or other person employed at the school who is not primarily employed as a school resource officer, police officer, peace officer, or security guard who holds a special armed guard registration card under General Business Law 89-f, whether employed directly by the school or by a third party. Written authorization from a school is an element of 265.01-a only. It does not take school buildings or grounds off the 265.01-e(2) sensitive-location list, whose exemptions are the ones in 265.01-e(3). Conduct on school property can violate both statutes, each a class E felony.

Public transportation

• (n) Any place, conveyance, or vehicle used for public transportation or public transit, including subway cars, train cars, buses, ferries, railroad, omnibus, and marine or aviation transportation, and any facility used in connection with passenger transportation, including airports, train stations, subway and rail stations, and bus terminals.

Establishments serving alcohol or cannabis

• (o) Any establishment holding an active license for on-premises consumption under article four, four-A, five, or six of the Alcoholic Beverage Control Law where alcohol is consumed, and any establishment licensed under article four of the Cannabis Law for on-premises consumption.

Entertainment, gaming, and sporting venues

• (p) Any place used for performance, art, entertainment, gaming, or sporting events, such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities licensed by the gaming commission.

Civic and public-gathering locations

• (q) Any location being used as a polling place.
• (r) Any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit, or is subject to specific heightened law enforcement protection, or has otherwise had access restricted by a governmental entity, provided the location is identified by clear and conspicuous signage.
• (s) Any gathering of individuals to collectively express their constitutional rights to protest or assemble.

Designated geographic zone

• (t) The area commonly known as Times Square, as determined and identified by the City of New York, provided the area is clearly and conspicuously identified with signage.

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Restricted Locations - Private Property (Penal Law 265.01-d)

As written, Penal Law 265.01-d makes private property a default no-carry zone. A person is guilty of criminal possession of a weapon in a restricted location when the person possesses a firearm, rifle, or shotgun and enters or remains on private property knowing, or having reason to know, that the owner or lessee has not permitted such possession. Under the statutory text, permission is given in one of two ways:

1. The owner or lessee posts clear and conspicuous signage indicating that carrying firearms, rifles, or shotguns on the property is permitted; or
2. The owner or lessee otherwise gives express consent.

That express-consent default is under a federal injunction as to private property open to the public. On October 10, 2024, the U.S. District Court for the Western District of New York ordered in Christian v. James, No. 22-cv-00695, that the defendants and those acting with them "are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it." The Second Circuit affirmed that permanent injunction on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). The New York State Police say the same thing in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public."

The statute has not been repealed and has not been struck down as a whole. The order binds the named officials and those acting in concert with them, and it reaches only private property open to the public. Within that reach the default flips: a licensee may carry on private property open to the public, such as a store, restaurant, pharmacy, or gas station, unless the owner or lessee prohibits it by conspicuous signage or actual notice. As to private property that is not held open to the public, 265.01-d still applies on its own terms, and possession there still turns on the owner's sign or express consent.

Property owners keep the right to exclude firearms. If an owner posts a no-firearms sign or tells you directly, you must honor it, and carrying on private property that is not open to the public still requires the owner's permission under ordinary property and trespass principles.

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Litigation Status

The CCIA's location rules have been through several rounds of litigation. One provision, 265.01-d as applied to private property open to the public, is under a permanent injunction. Everything else is enforceable, apart from one order about places of worship that runs only to the parties in that case.

• Antonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024), certiorari denied April 7, 2025 (No. 24-795). On remand from the Supreme Court, the Second Circuit vacated the preliminary injunctions against the sensitive-location provisions it reached, including the place-of-worship provision, 265.01-e(2)(c), and preserved relief only as to Penal Law 400.00(1)(o)(iv) and 265.01-d as applied to private property held open to the general public. On worship the court held the challenge moot: after the Legislature added the security exception effective May 3, 2023, "the amended statute does not prohibit Mann from doing what he seeks to do."
• Places of worship, in detail. The only court order still barring enforcement of 265.01-e(2)(c) is the injunction in the companion case Spencer v. Chiumento, affirmed as entered in Antonyuk v. Chiumento, 89 F.4th 271, 352 (2d Cir. Dec. 8, 2023). It reaches only "Pastor Spencer, the [Tabernacle Family] Church, its members, or their agents and licensees." That is party-specific relief. Everyone else at a place of worship depends on the statute's own security exception, and an ordinary licensee who is not a person responsible for security there is inside the offense.
• Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026): affirmed the permanent injunction against the 265.01-d private-property provision as applied to private property open to the public, and upheld the public-parks sensitive-location provision, 265.01-e(2)(d), against a facial challenge. Parks are off-limits. The court declined to reach an as-applied challenge to rural parks because it had not been raised in the district court.
• Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025): affirmed the denial of a preliminary injunction against the Times Square and public transit provisions, 265.01-e(2)(t) and (2)(n), holding the plaintiffs unlikely to succeed on the merits. Both provisions stay in force.
• Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026): the Supreme Court held that a Hawaii law barring carry on private property open to the public without the owner's express consent violates the Second and Fourteenth Amendments. It is a Hawaii case. It did not act on any New York statute, and the Second Circuit had already reached the same conclusion about New York's provision in Christian.

Three matters were open as of late August 2026. In Christian, the stay on the public transit claim was lifted August 17, 2026 and the claim is unresolved, so 265.01-e(2)(n) stays in force. Plaintiffs in Christian said in an August 14, 2026 joint status letter that they anticipated petitioning for certiorari on the public parks ban "before the deadline of September 16, 2026." In Antonyuk, summary judgment briefing runs through September 18, 2026 with no ruling. Confirm the current enforcement status on gunsafety.ny.gov before you rely on any of it.

The practical result: follow the 265.01-e sensitive-location list as written, all twenty paragraphs, and do not treat private property open to the public as off-limits under 265.01-d merely because no sign is posted. The property owner keeps the right to bar firearms, and honoring a posted sign or direct notice is mandatory.

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Exemptions from the Sensitive Location Law (Penal Law 265.01-e(3))

Penal Law 265.01-e(3) states that the sensitive-location offense does not apply to:

• Qualified law enforcement officers authorized to carry concealed firearms under 18 U.S.C. 926B, and qualified retired law enforcement officers authorized to carry under 18 U.S.C. 926C (LEOSA).
• Police officers as defined in Criminal Procedure Law 1.20(34).
• Persons who were employed as police officers as defined in Criminal Procedure Law 1.20(34) but are retired.
• Peace officers designated by Criminal Procedure Law 2.10.
• Security guards defined by and registered under article 7-A of the General Business Law who have been granted a special armed registration card, while at the location of their employment and during their work hours.
• Active-duty military personnel.
• Persons licensed under paragraph (c), (d), or (e) of Penal Law 400.00(2) while in the course of their official duties.
• Government employees, with the express written consent of their supervising government entity, for natural resource protection and management.
• Persons lawfully engaged in taking wildlife under a hunting permit or license issued by the Department of Environmental Conservation, or as otherwise authorized under the Environmental Conservation Law, and persons lawfully engaged in hunter education training, marksmanship practice or competition, or training in the safe handling and use of firearms.
• Persons operating a state- or municipality-licensed, certified, authorized, or funded program out of their residence (a sensitive location), so long as possession complies with the rules governing the program and firearm use or storage.
• Persons employed in the revenue control and security departments of the MTA, the New York City Transit Authority, or an affiliate or subsidiary, who are authorized to carry as part of their employment, while acting within the scope of their duties.
• Persons lawfully engaged in historical reenactments, educational programming involving historical weapons of warfare, or motion picture or theatrical productions.
• Persons responsible for the storage or display of antique firearms, rifles, or shotguns at museums and historic sites, while acting within the scope of their official duties.
• Persons participating in military ceremonies, funerals, and honor guards.
• Persons lawfully learning, practicing, training for, or competing in the sport of biathlon, including travel into or within the state for that purpose.

Exemptions from the Restricted Location Law (Penal Law 265.01-d(2))

The exemption list for restricted locations is narrower. Penal Law 265.01-d(2) states that the restricted-location offense does not apply to:

• Police officers as defined in Criminal Procedure Law 1.20.
• Peace officers as defined in Criminal Procedure Law 2.10.
• Qualified law enforcement officers under 18 U.S.C. 926B and qualified retired law enforcement officers under 18 U.S.C. 926C (LEOSA).
• Security guards defined by and registered under article 7-A of the General Business Law who have been granted a special armed registration card, while at the location of their employment and during their work hours.
• Active-duty military personnel.
• Persons licensed under paragraph (c), (d), or (e) of Penal Law 400.00(2) while in the course of their official duties.
• Persons lawfully taking wildlife under a hunting permit or license, or as authorized under Environmental Conservation Law 11-0707 and 11-0709.
• Persons employed in the revenue control and security departments of the MTA, the New York City Transit Authority, or an affiliate or subsidiary, authorized to carry as part of their employment, while acting within the scope of their duties.

Note that ordinary licensed carriers, including holders of a Penal Law 400.00 carry license, are not on either exemption list. A license to carry does not override the sensitive-location prohibitions. The restricted-location default is separately enjoined as applied to private property open to the public, so a licensee there does not need to fit an exemption, but that injunction does no work anywhere else. See the litigation section.

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Federal Prohibited Places

Federal law bars firearms in certain places regardless of a New York license:

• Federal facilities: 18 U.S.C. 930 makes it a crime to knowingly possess a firearm or other dangerous weapon in a federal facility (other than a federal court facility), punishable by a fine, up to one year of imprisonment, or both. The penalty rises to up to five years if the person intends the weapon to be used in a crime. Federal court facilities are separately covered.
• Aircraft and the secured area of an airport: 49 U.S.C. 46505 makes it a federal crime to carry a concealed dangerous weapon accessible to you when on or attempting to board an aircraft, or to place a loaded firearm aboard an aircraft, punishable by a fine, up to ten years of imprisonment, or both. This is the controlling federal statute for the airport sterile area and for boarding aircraft. Checked, unloaded, properly cased and declared firearms in checked baggage follow TSA and airline rules and are handled separately.
• Other federal property: national parks generally follow the law of the state in which they sit, but federal buildings within them and other federal installations remain off-limits under federal law.

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Practical Notes

• A premises license (home or business) does not authorize carrying a handgun in public. A carry license under Penal Law 400.00 is required to carry outside the licensed premises, and even then the sensitive-location and restricted-location rules apply.
• The sensitive-location and restricted-location offenses cover all firearms, rifles, and shotguns, not just handguns.
• Carrying or possessing a handgun without the required license is itself a crime under New York law. See, for example, Penal Law 265.01-b (criminal possession of a firearm, a class E felony), 265.01 (criminal possession of a weapon in the fourth degree, a class A misdemeanor), and 265.03 (criminal possession of a weapon in the second degree, a class C felony). Penal Law 265.20 lists the statutory exemptions.
• School property carries two separate class E felonies: the sensitive-location offense under Penal Law 265.01-e(2)(m), and criminal possession of a weapon on school grounds under Penal Law 265.01-a, which also reaches a school bus and turns on the institution's written authorization.
• New York City has its own licensing and carry scheme under NYC Administrative Code 10-131 and Title 38 of the Rules of the City of New York, including the long-gun rule in 10-131(h). A state license is not valid in the city without a special permit from the police commissioner. Confirm City rules before carrying anywhere in the five boroughs.
• A place of worship is a sensitive location. The statute's only exception on its face is for persons responsible for security there. Do not read the CCIA litigation as opening places of worship to ordinary licensees.
• The one location rule a licensee gets relief from is Penal Law 265.01-d as applied to private property open to the public, under the permanent injunction in Christian v. James. Every 265.01-e sensitive location, including public parks, public transit and Times Square, is enforceable as written.

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Key Statute References

Sources: New York Penal Law 265.01-e, 265.01-d, 265.01-a, 265.20, 400.00 (NY Senate Open Legislation); New York City Administrative Code 10-131 (American Legal Publishing code library); New York State Police, gunsafety.ny.gov; 18 U.S.C. 930, 926B, 926C, 49 U.S.C. 46505 and 36 C.F.R. 2.4; Antonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024), cert. denied Apr. 7, 2025 (No. 24-795); Antonyuk v. Chiumento, 89 F.4th 271 (2d Cir. Dec. 8, 2023); Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026), affirming the permanent injunction entered Oct. 10, 2024 in No. 22-cv-00695 (W.D.N.Y.); Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025); Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026).

Carrying a Firearm in a Vehicle in New York

New York is a licensed-carry state. There is no constitutional or permitless carry. To possess or carry a handgun anywhere in the state, including inside a vehicle, you must hold a valid pistol or revolver license issued under Penal Law 400.00. Carrying in a vehicle adds two extra layers on top of the basic license rule: the network of sensitive and restricted locations created by the Concealed Carry Improvement Act (CCIA), and a separate criminal rule for how a firearm must be stored when it is left in a vehicle.

This page describes what the statutes say and flags where post-Bruen litigation, chiefly Antonyuk v. James and Christian v. James, has changed how parts of the CCIA are enforced. Injunctions bind the officials named in them. They do not erase a statute, so read every enforcement note below as a statement about enforcement, not about repeal.

License Required to Carry in a Vehicle

A valid license under Penal Law 400.00 is required to possess or carry a pistol or revolver, and that includes carrying one on your person while driving. New York issues different classes of pistol licenses under Penal Law 400.00(2), including a license to "have and carry concealed" and a license limited to "possess on premises." A premises-only license does not authorize carrying a handgun on your person in a vehicle or anywhere outside the licensed home or place of business. Only a carry license permits carry on your person in a vehicle.

A premises license does allow transport, on conditions. Penal Law 400.00(6) provides that the premises limitation "shall not prevent the transport of such pistol or revolver directly to or from (i) another dwelling or place of business of the licensee where the licensee is authorized to have and possess such pistol or revolver, (ii) an indoor or outdoor shooting range that is authorized by law to operate as such, (iii) a shooting competition at which the licensee may possess such pistol or revolver consistent with the provisions of subdivision a of section 265.20 of this chapter or consistent with the law applicable at the place of such competition, or (iv) any other location where the licensee is lawfully authorized to have and possess such pistol or revolver." The same paragraph attaches three conditions to that transport: "the pistol or revolver shall be unloaded and carried in a locked container, and the ammunition therefor shall be carried separately." It adds that the term "locked container" "shall not include the glove compartment or console of a vehicle," and that a premises license issued by a licensing officer other than the New York City police commissioner "shall not authorize transport of a pistol or revolver into the city of New York in the absence of written authorization to do so by the police commissioner of that city."

Carrying a handgun without the required license is a crime:

• Criminal possession of a firearm, Penal Law 265.01-b, makes a person guilty when he or she "possesses any firearm". That offense is a class E felony, and "firearm" is defined in Penal Law 265.00(3) to mean "(a) any pistol or revolver" along with short shotguns and rifles, assault weapons, and certain frames or receivers.
• Criminal possession of a weapon in the fourth degree, Penal Law 265.01, is a class A misdemeanor.
• Criminal possession of a weapon in the second degree, Penal Law 265.03(3), is a class C felony for possessing any loaded firearm outside the person's home or place of business.

Penal Law 265.20 lists the statutory exemptions to these possession offenses.

The CCIA Licensing Standard

The CCIA took effect September 1, 2022 in response to the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (June 23, 2022). It removed the old "proper cause" standard and added enhanced eligibility requirements under Penal Law 400.00:

• Good moral character. Penal Law 400.00(1)(b) defines this as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others."
• A minimum of 18 hours of training under Penal Law 400.00(19): at least 16 hours of in-person live classroom curriculum plus at least 2 hours of live-fire range training, with an 80 percent passing score on a written test.
• An in-person interview with the licensing officer, four character references, and disclosure of household and family members, all under Penal Law 400.00(1)(o).

The same statute, Penal Law 400.00(1)(o)(iv), also calls for the applicant to submit "a list of former and current social media accounts of the applicant from the past three years." That subparagraph has not been repealed, and no court has held it unconstitutional, but it has been removed from the application form by a court-ordered settlement. See the litigation note below.

Automobile Presumption of Possession

Penal Law 265.15(3) creates a presumption that matters whenever a firearm is in a car with more than one person in it. The presence of a firearm in an automobile (other than a stolen vehicle or a public omnibus) is presumptive evidence that all occupants possess it. The statute lists exceptions, including:

• The firearm is found on the person of one of the occupants.
• The vehicle is being operated for hire by a duly licensed driver in the lawful pursuit of the trade (the presumption then does not apply to the driver).
• The firearm is a pistol or revolver and one of the occupants, not present under duress, holds a valid license to carry it concealed.

A licensed carrier traveling alone is covered by the license itself. The presumption is most significant for unlicensed handguns and for passengers, so anyone carrying in a vehicle with others should understand it.

Storing a Firearm in an Unattended Vehicle

New York imposes a specific criminal rule for firearms left in a vehicle. Under Penal Law 265.45(2), no person may store or leave a rifle, shotgun, or firearm out of their immediate possession or control inside a vehicle without first:

• Removing the ammunition from the firearm, and
• Securely locking the firearm in an appropriate safe storage depository, and
• Keeping that depository out of sight from outside the vehicle.

Penal Law 265.45(3) defines a "safe storage depository" as a safe or other secure locked container that cannot be opened without its key, code, or combination, and that is fire, impact, and tamper resistant. The same subdivision states that a glove compartment or glove box does not qualify as an appropriate safe storage depository.

The offense is Failure to safely store rifles, shotguns, and firearms in the first degree, Penal Law 265.45, a class A misdemeanor. The statute exempts police officers, qualified law enforcement officers carrying under 18 U.S.C. 926B, and military personnel acting in the course of official duty. The license-application warning required by Penal Law 400.00(18) restates this rule: a firearm stored in a vehicle outside the owner's immediate possession or control must be in an appropriate safe storage depository and out of sight from outside the vehicle.

The second-degree offense sits at Penal Law 265.46 and is not a vehicle rule. It reaches an owner or custodian who knows, or has reason to know, that a person under sixteen is likely to gain access to a rifle, shotgun or firearm and who leaves it out of immediate possession or control without first locking it in an appropriate safe storage depository or fitting an appropriate gun locking device. That offense is a violation punishable only by a fine of not more than two hundred fifty dollars.

Sensitive Locations That Affect Vehicle Travel

Even with a valid carry license, it is a crime under Penal Law 265.01-e to possess a firearm in a "sensitive location," and the offense is a class E felony. Several sensitive locations are directly relevant to driving:

• Any place, conveyance, or vehicle used for public transportation or transit, including subway cars, train cars, buses, ferries, and the facilities used in connection with that service such as airports, train stations, subway and rail stations, and bus terminals (Penal Law 265.01-e(2)(n)).
• Any place owned or controlled by federal, state, or local government for government administration, including courts (subsection (a)).
• Schools, colleges, universities, and the grounds of educational institutions (subsection (m)); nursery schools, preschools, and summer camps (subsection (f)).
• Libraries, public playgrounds, public parks, and zoos (subsection (d)). A "public park" does not include privately held land within a park that is not dedicated to public use, or the forest preserve as defined in Environmental Conservation Law 9-0101(6).
• Health and behavioral health facilities (subsection (b)); homeless and domestic violence shelters (subsection (k)).
• Establishments licensed for on-premises alcohol consumption and licensed on-premises cannabis consumption (subsection (o)).
• Theaters, stadiums, racetracks, museums, amusement parks, performance venues, conference centers, banquet halls, and gaming facilities (subsection (p)).
• Polling places (subsection (q)); permitted public events and gatherings expressing constitutional rights to protest or assemble (subsections (r) and (s)).
• The area commonly known as Times Square, as identified by the City of New York with conspicuous signage (subsection (t)).

Treat the whole list as in force. New York publishes all twenty paragraphs of Penal Law 265.01-e(2) on gunsafety.ny.gov with no non-enforcement notice attached, in contrast to the notice it attaches to the restricted-location statute discussed below, and the prohibition is criminally enforceable as a class E felony. A license does not let you carry into a sensitive location, and that includes carrying as you enter or pass through one on foot after leaving your vehicle. Airports deserve special attention for travelers: the airport is a state sensitive location under Penal Law 265.01-e(2)(n), and two separate federal rules apply on top of it. Under 49 CFR 1540.111(a), an individual may not have a weapon on or about the person or in accessible property when entering or in a sterile area or when attempting to board a screened aircraft. Under 49 U.S.C. 46505(b)(1), it is a federal crime to be on, or attempting to get on, an aircraft with "a concealed dangerous weapon that is or would be accessible to the individual in flight."

Forest Preserve and the Adirondack and Catskill Parks

Land legally classified as forest preserve, as defined in Environmental Conservation Law 9-0101(6), is carved out of the "public park" sensitive-location definition. Specific sites inside the Adirondack or Catskill Parks that independently qualify as sensitive locations, such as a library or a government administrative building, remain off limits.

Exemptions From the Sensitive-Location Rule

Penal Law 265.01-e(3) exempts, among others: qualified active and retired law enforcement officers carrying under 18 U.S.C. 926B and 926C; New York police officers (Criminal Procedure Law 1.20(34)), including those who are retired; designated peace officers (Criminal Procedure Law 2.10); registered armed security guards while working; active-duty military personnel; persons licensed under Penal Law 400.00(2)(c), (d), or (e) while on official duty; persons lawfully hunting or in firearms-safety or marksmanship training; authorized MTA and New York City Transit Authority revenue and security employees; persons in historical reenactments or motion-picture productions; and persons training for or competing in biathlon.

Restricted (Private) Property

Penal Law 265.01-d(1) makes it a class E felony to possess a firearm, rifle or shotgun and enter or remain on private property "where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." On its face the statute sets a default of no carry on private property, including private parking lots, unless the owner posts signage allowing firearms or gives express consent.

That express-consent default is still on the books and is enjoined in part. On October 10, 2024, the U.S. District Court for the Western District of New York ordered that the defendants and those acting with them "are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it." The Second Circuit affirmed that permanent injunction on May 18, 2026 in Christian v. James, 176 F.4th 189 (2d Cir. 2026). New York State Police say the same in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." So on private property open to the public, such as a store, restaurant, gas station, or its customer parking lot, a license holder is not being prosecuted under 265.01-d for carrying without the owner's affirmative permission.

The statute has not been repealed and has not been struck down as a whole. As to private property that is not held open to the public, such as a private home or a closed workplace lot, 265.01-d still applies on its own terms, so get the owner's permission before carrying there. Property owners also keep the right to exclude. A posted no-firearms sign or a direct request to leave must be honored, and staying armed after notice can be prosecuted under trespass law.

Post-Bruen Litigation Status

The CCIA has been heavily litigated. The foundational case is Antonyuk v. James (earlier captioned Antonyuk v. Hochul, Antonyuk v. Nigrelli and Antonyuk v. Chiumento). After the U.S. Supreme Court granted certiorari, vacated the Second Circuit's judgment and remanded for reconsideration in light of United States v. Rahimi, the Second Circuit issued an amended decision on October 24, 2024, Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024). That decision vacated the preliminary injunction against the sensitive-location provisions challenged in that case, preserving the district court's injunction only as to Penal Law 400.00(1)(o)(iv) and 265.01-d as applied to private property held open to the general public. The Supreme Court denied certiorari on April 7, 2025 (No. 24-795). Where that leaves each piece:

• In force: the good moral character requirement, disclosure of household and family members, the in-person interview, four character references, and the 18-hour training requirement (16 hours classroom plus 2 hours live fire).
• In force: the criminal ban on carry in sensitive locations under Penal Law 265.01-e, all twenty categories, as a class E felony.
• Places of worship: the surviving relief is narrow. In the companion case Spencer v. Chiumento the district court preliminarily enjoined enforcement of Penal Law 265.01-e(2)(c) against the plaintiffs in that case, and the Second Circuit affirmed it and left it undisturbed on remand. That injunction runs to those plaintiffs, not to license holders generally. The statute itself carves out "those persons responsible for security at such place of worship." Do not treat a place of worship as open to carry.
• Social media disclosure, Penal Law 400.00(1)(o)(iv): on the books, off the form. No court has held it unconstitutional. A stipulation of partial settlement in Antonyuk, so ordered by U.S. District Judge Glenn T. Suddaby on March 30, 2026, entered a permanent injunction against enforcing the subparagraph against the plaintiff there, together with the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." That injunction terminates if the Legislature repeals the subparagraph. The text stays in the statute, and the current PPB-3 does not ask for social media accounts.

The restricted-location default of Penal Law 265.01-d was the most contested part of the litigation. In Christian v. James, 176 F.4th 189 (2d Cir., decided May 18, 2026), the Second Circuit affirmed the permanent injunction against enforcing that provision as applied to private property open to the public, and affirmed judgment for the State on the public parks provision, Penal Law 265.01-e(2)(d), so parks remain off limits. The U.S. Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez, No. 24-1046 (decided June 25, 2026), which does not itself invalidate New York's statute. A private owner may still prohibit firearms through signage or trespass law, and a posted or stated prohibition must be honored.

Three things are open, so treat this as of a date. In Christian, the stay on the plaintiffs' public transit claim was lifted on August 17, 2026 and the parties were ordered to propose a schedule by August 27, 2026; the claim is undecided and Penal Law 265.01-e(2)(n) remains in force. In the same case the plaintiffs reported that they anticipated petitioning for certiorari on the public parks ban "before the deadline of September 16, 2026." In Antonyuk, summary judgment reply briefs were due September 18, 2026 with no ruling. Confirm the current enforcement status on gunsafety.ny.gov before you rely on any of it.

Bottom line for a driver: the sensitive-location crime under Penal Law 265.01-e is in effect, public parks and public transit included. The private-property default of Penal Law 265.01-d is not being enforced on property open to the public, it still applies to private property that is not held open to the public, and an owner's posted or stated no-firearms rule always controls.

Transporting a Firearm Without a New York License

A person who does not hold a New York pistol license may move a handgun through the state only under the federal interstate transport protection in 18 U.S.C. 926A (the Firearm Owners' Protection Act). That statute permits transport from a place where the person may lawfully possess and carry the firearm to another such place if, during transport:

• The firearm is unloaded, and
• Neither the firearm nor any ammunition being transported is readily accessible or directly accessible from the passenger compartment. In "a vehicle without a compartment separate from the driver's compartment," the firearm or ammunition must be "contained in a locked container other than the glove compartment or console."

Every condition in 926A is conjunctive, and the statute states them all. The person must not be otherwise prohibited by chapter 44 of title 18 from transporting, shipping, or receiving a firearm, the purpose must be lawful, the firearm must be unloaded, and neither the firearm nor any ammunition may be readily accessible or directly accessible from the passenger compartment. Both ends of the trip have to qualify on their own, because the entitlement runs from "any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm." A New York stop that is not such a place falls outside it. Section 926A protects transporting a firearm. It is not a license to carry in New York and it does not authorize leaving the firearm accessible while in the state.

The requirement that a trip be continuous is state law, not federal. It sits in Penal Law 400.00(6)(b), a proviso that keeps a New York license valid in New York City without a special permit where "the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted." Section 926A imposes no duration or continuity condition of its own, and neither provision substitutes for a New York City license or permit.

Long Guns and Hunting Transport

A semiautomatic rifle is licensed statewide. Penal Law 400.00(2) provides that a license for a semiautomatic rifle, other than an assault weapon or disguised gun, "shall be issued to purchase or take possession of such a semiautomatic rifle" where the transfer of ownership occurs on or after the effective date of chapter 212 of the laws of 2022. Other rifles and shotguns are not licensed under Penal Law 400.00 outside New York City, which runs its own permit system.

The unloaded rule for a long gun in a vehicle is a statute, not an agency practice, and it is not limited to hunting trips. Environmental Conservation Law 11-0931(2) provides that "No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine," with a narrow exception for a firearm legally used for taking migratory game birds carried in a motorboat while legally hunting them. "Motor vehicle" is defined broadly there and includes automobiles, trucks, motorcycles, tractors, trailers, motorboats, snowmobiles and snowtravelers, on or off public highways. The separate requirement that a long gun be "taken down or securely fastened in a case or locked in the trunk of the vehicle" attaches to the jacklighting rule in the same subdivision, which applies while in or on a motor vehicle using an artificial light upon lands inhabited by deer. The subdivision also states that nothing in it "permits the possession of a pistol or a revolver contrary to the penal law."

A person lawfully engaged in hunting is among those exempted from the sensitive-location rule under Penal Law 265.01-e(3)(i) and from the restricted-location rule under Penal Law 265.01-d(2)(g) while taking or attempting to take wildlife under a DEC hunting permit or license.

That exemption does not carry a handgun into the special longbow or muzzle-loading seasons. Environmental Conservation Law 11-0931(6) provides that "No person while engaged in hunting deer or bear pursuant to a bowhunting privilege, and no person accompanying him or her or a member of his or her party, while he or she is so engaged during a special longbow season, shall have in his or her possession a firearm of any kind, and no person while engaged in hunting deer or bear pursuant to a muzzle-loading privilege, and no person accompanying him or her or a member of his or her party, while he or she is so engaged during a special muzzle-loading firearm season, shall have in his or her possession a firearm of any kind other than a muzzle-loading firearm." The Department of Environmental Conservation states the same rule in operational terms: "Environmental Conservation Law (ECL) prohibits you from carrying your handgun while bowhunting or muzzleloader hunting, even if you have a pistol permit." A carry license does not change that, and the bar reaches a person accompanying the hunter or in the hunting party.

Other New York Rules That Travel With the Firearm

How a firearm is transported does not exempt it from New York's other restrictions:

• The 10-round magazine limit applies. Penal Law 265.00(23) defines a "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip or similar device "that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition," excluding an attached tubular device for .22 caliber rimfire ammunition and a registered curio or relic feeding device. Possessing one is criminal possession of a weapon in the third degree under Penal Law 265.02(8), a class D felony.
• SAFE Act assault-weapon restrictions apply to the firearm regardless of how it is moved.
• New York City runs its own separate and stricter handgun licensing regime, administered by the NYPD License Division under the New York City Administrative Code (10-131) and Title 38 of the Rules of the City of New York. A license valid elsewhere in the state does not by itself authorize carry in New York City.

Self-Defense While in a Vehicle

New York imposes a duty to retreat before using deadly physical force outside the home. Under Penal Law 35.15(2)(a), a person may not use deadly physical force if they know they can retreat with complete personal safety, with a stated exception when the person is in their own dwelling and is not the initial aggressor. New York has no stand-your-ground law. The exception in Penal Law 35.15(2)(a)(i) is written for a person "in his or her dwelling and not the initial aggressor," and the Penal Law defines a dwelling at 140.00(3) as "a building which is usually occupied by a person lodging therein at night," counting a vehicle as a building only where it is "used for overnight lodging of persons" or for carrying on business. Do not assume an ordinary passenger car qualifies. Penal Law 35.20 separately governs the use of force in defense of premises. Deadly force in self-defense is limited to the circumstances in Penal Law 35.15(2), such as a reasonable belief that another person is using or about to use deadly physical force, or is committing or attempting certain serious felonies.

Training Coverage of Vehicle Carry

The mandatory 18-hour course under Penal Law 400.00(19) must be taught by a duly authorized instructor as defined in Penal Law 265.00(19), with curriculum approved by the Division of Criminal Justice Services and the Superintendent of State Police. The required topics directly relevant to vehicle carry include safe storage requirements and secure storage best practices, state and federal gun laws, situational awareness, best practices when encountering law enforcement, the statutorily defined sensitive places in Penal Law 265.01-e and restricted places in Penal Law 265.01-d, conflict de-escalation, use of deadly force, and suicide prevention.

License Duration and Recertification

License expiration varies by region under Penal Law 400.00(10)(a). In New York City, a license to carry or possess a pistol or revolver expires not more than three years after issuance. In Nassau, Suffolk, and Westchester counties, it expires not more than five years after issuance. Everywhere else in the state, the license remains in force until revoked. Separately from expiration, every concealed carry license issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years statewide under Penal Law 400.00(10)(d), and failure to recertify acts as a revocation of the license under Penal Law 400.00(10)(b). License holders must keep their licensing authority informed of address changes.

Key Statutes

This page is general information, not legal advice. New York law and its enforcement are actively changing through ongoing litigation. Confirm current requirements with the New York State Police, your county licensing officer, and, for New York City, the NYPD License Division before you carry.

Transporting Firearms in New York

New York is a licensed-carry state with some of the most restrictive firearm transport rules in the country. There is no constitutional or permitless carry. A license to carry a handgun is issued under Penal Law 400.00, and possessing a handgun without a license is a crime. The 2022 Concealed Carry Improvement Act (CCIA), effective September 1, 2022, layered new location-based crimes and storage rules on top of the existing framework. Anyone moving a firearm through New York has to account for state law, federal interstate protections, and the separate and stricter licensing regime in New York City.

Overview of New York's Approach

New York treats unlicensed handgun possession as a felony, presumes possession from the mere presence of a firearm in a vehicle, and criminalizes possession in a long list of "sensitive locations" regardless of license status. Federal litigation has narrowed one piece of that framework and left the rest standing. The private-property carry default in Penal Law 265.01-d has not been repealed, but it is enjoined in part. On October 10, 2024 the U.S. District Court for the Western District of New York permanently enjoined enforcement of it "with respect to private property open to the public", and the Second Circuit affirmed that injunction on May 18, 2026 (Christian v. James, 176 F.4th 189). The sensitive-location bans in Penal Law 265.01-e remain enforceable across the board. The practical takeaway is to plan transport carefully around the sensitive locations that remain off-limits.

Long Guns in a Motor Vehicle

Environmental Conservation Law 11-0931(2)(a) provides that "No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine." A rifle or shotgun in a vehicle has to be unloaded in both the chamber and the magazine, and a crossbow has to be uncocked.

Two things narrow that rule:

• Pistols and revolvers are excepted from it by the statutory text. They are governed instead by Penal Law article 265 and by the license conditions in Penal Law 400.00.
• A loaded firearm that may legally be used for taking migratory game birds may be carried or possessed in a motorboat while it is being legally used in hunting migratory game birds.

The Department of Environmental Conservation states what counts as unloaded for the arms it regulates. DEC says that "A muzzleloader is considered unloaded when the cap is off the nipple, the primer is removed, the primer powder is removed from the flintlock pan, or the battery is not in an electric-fired muzzleloader," and that "A crossbow is considered unloaded when it is uncocked. A crossbow is considered taken down when the limbs have been removed from the stock, securely fastened in a case, or locked in a trunk." On the drive itself DEC says that "While you are transporting your muzzleloader in a motor vehicle / ATV, you do not have to remove the charge from the barrel. However, you must remove the priming cap/priming powder/primer from the firearm." Those are agency statements about what unloaded means. The rule itself is the statute quoted above.

Two seasons bar the firearm outright, and that reaches a licensed handgun. Environmental Conservation Law 11-0931(6) provides that "No person while engaged in hunting deer or bear pursuant to a bowhunting privilege, and no person accompanying him or her or a member of his or her party, while he or she is so engaged during a special longbow season, shall have in his or her possession a firearm of any kind, and no person while engaged in hunting deer or bear pursuant to a muzzle-loading privilege, and no person accompanying him or her or a member of his or her party, while he or she is so engaged during a special muzzle-loading firearm season, shall have in his or her possession a firearm of any kind other than a muzzle-loading firearm." DEC states the same rule in operational terms: "Environmental Conservation Law (ECL) prohibits you from carrying your handgun while bowhunting or muzzleloader hunting, even if you have a pistol permit." A pistol license does not change that. Check dec.ny.gov for the current hunting regulations and season dates.

Sources: Environmental Conservation Law 11-0931(2) and 11-0931(6); NYSDEC hunting regulations and law enforcement guidance (dec.ny.gov).

"Loaded Firearm" Defined Broadly (Penal Law 265.00(15))

Penal Law 265.00(15) defines a "loaded firearm" to mean "any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm." The second half is the one that catches travelers.

The consequence matters for transport: carrying an unloaded handgun in a vehicle while also carrying compatible ammunition in that same vehicle can constitute possession of a "loaded firearm." For an unlicensed person, possession of a loaded firearm outside the home or place of business is criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony.

Safe Storage in a Vehicle (Penal Law 265.45)

Penal Law 265.45, "Failure to safely store rifles, shotguns, and firearms in the first degree," sets out a vehicle storage rule. Under subdivision 2, no person may leave a rifle, shotgun, or firearm out of that person's immediate possession or control inside a vehicle without first:

• Removing the ammunition from the firearm, and
• Securely locking the firearm in an appropriate "safe storage depository" that is out of sight from outside the vehicle.

Subdivision 3 defines a "safe storage depository" as a safe or other secure container that, when locked, cannot be opened without the key, keypad, combination, or other unlocking mechanism, and that is fire-, impact-, and tamper-resistant. The same subdivision states expressly that a glove compartment or glove box does not qualify as a safe storage depository.

The statute exempts on-duty police officers, qualified law enforcement officers authorized to carry under 18 U.S.C. 926B, and military personnel acting in their official capacity. Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor.

Do not confuse the section numbers. Penal Law 265.46 is the second-degree version of the safe-storage offense. Penal Law 265.50 is a different crime entirely, criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun (see below). The rule that governs leaving a firearm in a vehicle is Penal Law 265.45(2).

Automobile Presumption of Possession (Penal Law 265.15(3))

Penal Law 265.15(3) provides that the presence in an automobile (other than a stolen one or a public omnibus) of a firearm, large capacity ammunition feeding device, defaced firearm, firearm silencer, and other listed weapons is "presumptive evidence of its possession by all persons occupying such automobile" at the time the weapon is found. In practice, a firearm found in a car can be charged against every occupant.

The statute lists exceptions to this presumption:

• The weapon is found on the person of one of the occupants (then the presumption applies to that person).
• The automobile is being operated for hire by a duly licensed driver in the lawful pursuit of that trade (the presumption does not apply to the driver).
• The weapon found is a pistol or revolver and one of the occupants, not present under duress, holds a valid license to have and carry it concealed.

Source: Penal Law 265.15(3).

Sensitive and Restricted Locations Apply During Transport

The CCIA created two location-based crimes that can be triggered while traveling, not just while standing still.

• Sensitive locations (Penal Law 265.01-e). Possession of a firearm, rifle, or shotgun in a listed "sensitive location" is a crime regardless of whether the person holds a carry license, where the person "knows or reasonably should know such location is a sensitive location." Subdivision 2 runs to twenty categories, paragraphs (a) through (t), and includes government buildings, schools, places of worship, libraries and public parks, public transportation and its facilities, health and behavioral health locations, licensed on-premises alcohol establishments, and the area commonly known as Times Square. Criminal possession of a firearm, rifle, or shotgun in a sensitive location is a class E felony.
• Restricted locations (Penal Law 265.01-d). The statute makes it a class E felony to possess a firearm, rifle, or shotgun and enter or remain on private property where the person knows or reasonably should know that the owner or lessee "has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." It has not been repealed. As to private property open to the public it sits under a federal permanent injunction, and the State Police say on gunsafety.ny.gov that "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." As to private property that is not held open to the public, 265.01-d still applies on its own terms. Either way an owner or lessee keeps the right to exclude firearms, and honoring a posted prohibition or direct notice is still required.

Litigation status, stated as of August 2026. Treat every paragraph of Penal Law 265.01-e(2) as in force. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), the Second Circuit vacated the preliminary injunctions against the sensitive-location provisions, preserving relief only as to Penal Law 400.00(1)(o)(iv) and 265.01-d as applied to private property held open to the public, and the Supreme Court denied certiorari on April 7, 2025 (No. 24-795). Places of worship are still a sensitive location under Penal Law 265.01-e(2)(c), which excepts only "those persons responsible for security at such place of worship." Christian v. James, 176 F.4th 189 (2d Cir., decided May 18, 2026) upheld the public parks ban against a facial challenge and affirmed the permanent injunction against 265.01-d as applied to private property open to the public. Wolford v. Lopez, No. 24-1046 (U.S., decided June 25, 2026) reached the same conclusion about a Hawaii law. Two matters are open. Plaintiffs in Christian anticipated petitioning for certiorari on the public parks ban before a September 16, 2026 deadline, and on August 17, 2026 the district court lifted the stay on the public transit claim, so that claim is unresolved and Penal Law 265.01-e(2)(n) remains in force. For transport planning, treat the sensitive locations as the live hazard and confirm the current enforcement position on gunsafety.ny.gov.

A driver who carries a handgun through New York can pass through or stop in a sensitive location without realizing it, so route planning matters.

Sources: Penal Law 265.01-e; Penal Law 265.01-d; Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024); Christian v. James, 176 F.4th 189 (2d Cir. 2026); Wolford v. Lopez, No. 24-1046 (U.S. 2026); NY State Police guidance (gunsafety.ny.gov).

Transporting Prohibited Items (Penal Law 265.10)

Penal Law 265.10(2) makes it a class D felony to transport or ship any machine-gun, ghost gun, firearm silencer, assault weapon, large capacity ammunition feeding device, or disguised gun, and also a class D felony to transport or ship as merchandise five or more firearms. Ghost guns were added to that list by an amendment that took effect August 25, 2026. Transporting or shipping a rapid-fire modification device is a class E felony.

Two definitions feed the machine-gun item. Penal Law 265.00(1) defines a machine-gun to include "any convertible pistol that is equipped with a pistol converter," and Penal Law 265.00(36) defines a pistol converter as a device that, when installed in or attached to the rear of the slide of a semi-automatic pistol, "replaces the backplate and interferes with the trigger mechanism" so the pistol fires rapidly or automatically with one continuous pull of the trigger. Both of those took effect August 25, 2026. Penal Law 265.00(32) defines a ghost gun as a firearm, rifle or shotgun that does not comply with Penal Law 265.07 and is not serialized.

Transporting or shipping as merchandise any firearm other than an assault weapon, or a switchblade knife, pilum ballistic knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star, chuka stick, sandbag, or slungshot, is a class A misdemeanor.

Separately, Penal Law 265.50 makes it a class D felony to knowingly manufacture, sell, transport, ship, or possess with intent to sell an undetectable firearm, rifle, or shotgun (one that is not detectable by a metal detector calibrated to the Security Exemplar under 18 U.S.C. 922(p), or a major component that does not generate an adequate image under airport screening).

One more transport offense is on the books but not yet operative. Penal Law 265.10(10) makes it a class D felony for a dealer in firearms or a gunsmith to sell, transfer, dispose of, or transport or ship as merchandise a convertible pistol, and by its own terms it reaches conduct "on or after May thirty-first, two thousand twenty-seven."

Sources: Penal Law 265.00(1), (32) and (36); Penal Law 265.10(2) and (10); Penal Law 265.50.

Transport Exemptions (Penal Law 265.20)

Penal Law 265.20 lists the exemptions to New York's possession and transport crimes. Note what is not on the list at the top of subdivision a: neither 265.01-d nor 265.01-e is exempted there, so these exemptions do not carry you into a restricted or sensitive location. The transport-relevant ones are:

• Licensed handgun holders (subdivision a, paragraph 3). Possession of a pistol or revolver by a person to whom a license has been issued under Penal Law 400.00 or 400.01.
• Non-citizen hunters (subdivision a, paragraph 4). Possession of a rifle, shotgun, crossbow, or longbow for hunting, trapping, or fishing by a person who is not a U.S. citizen and carries a valid license issued under Environmental Conservation Law 11-0713.
• Regular transport of firearms as merchandise (subdivision a, paragraph 9). The transporter must notify the police commissioner, chief, or other law enforcement officer at the place of delivery, in writing, of the consignee's name and address and the place of delivery, and must withhold delivery for a reasonable investigation period.
• Manufacturer transport (subdivision a, paragraph 9-a). A licensed firearms manufacturer (or its authorized agent or employee) may transport unloaded pistols or revolvers in a locked opaque container directly between places where the manufacturer regularly conducts business. Transport into, out of, or within New York City may be done only with the consent of the New York City Police Commissioner.
• College and university pistol teams (subdivision a, paragraph 12). A member or coach of an accredited college or university target pistol team may transport a pistol or revolver into or through New York to participate in a collegiate, Olympic, or target pistol shooting competition under the auspices of or approved by the National Rifle Association, provided it is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container.
• Nonresident competitors (subdivision a, paragraph 13). A nonresident attending or traveling to or from an NRA-sanctioned (or IHMSA-sanctioned) competition in which the person is a competitor may transport pistols or revolvers within 48 hours of the event, unloaded in a locked opaque container, together with the match documentation and a license or firearms registration card from the person's home jurisdiction.
• Nonresident convention attendees (subdivision a, paragraph 13-a). The same 48-hour, locked-container rule applies to a nonresident registered participant at an NRA-approved firearm convention or exhibition, except in cities not wholly contained within a single county. That carve-out effectively excludes New York City.

Source: Penal Law 265.20.

Federal Interstate Transport Protection (18 U.S.C. 926A)

Federal law provides a narrow safe harbor for traveling through New York:

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle."

The statute adds that for a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.

Key limits, all of them from the text of the statute:

• Every condition is conjunctive. The person must not be otherwise prohibited by chapter 44 of title 18, the purpose must be lawful, the firearm must be unloaded, and neither the firearm nor any ammunition may be readily accessible or directly accessible from the passenger compartment.
• Both ends of the trip have to qualify independently. The entitlement runs from a place "where he may lawfully possess and carry such firearm" to another place where the same is true. A New York stop that is not such a place is outside the entitlement.
• The locked-container proviso applies to one class of vehicle only, a vehicle "without a compartment separate from the driver's compartment." For that vehicle the firearm or ammunition has to be in "a locked container other than the glove compartment or console."
• Section 926A protects transporting a firearm. It does not authorize carrying one in New York and it does not substitute for a New York license.

Source: 18 U.S.C. 926A.

Air Travel and Firearms

Carrying a weapon on an aircraft is governed by federal law. Under 49 U.S.C. 46505(b), an individual who, when on or attempting to get on an aircraft, has a concealed dangerous weapon that is or would be accessible in flight, or who has placed or attempted to place a loaded firearm on that aircraft in property not accessible to passengers in flight, "shall be fined under title 18, imprisoned for not more than 10 years, or both." Subsection (c) raises the maximum to 20 years where the violation is willful and without regard for the safety of human life, and to any term of years or life where death results. This is the controlling statute for aircraft, not the general sentencing provisions of 18 U.S.C. 924.

Under 49 CFR 1540.111(c), a passenger may not put an unloaded firearm in checked baggage unless the passenger declares to the aircraft operator, orally or in writing, before checking the bag, that the bag holds a firearm and that it is unloaded; the firearm is in fact unloaded; it is carried in a hard-sided container; and that container is locked, with only the passenger retaining the key or combination. Loaded firearms may not be checked at all. A New York carry license does not authorize a firearm at a TSA screening checkpoint, and airports, train stations, subway and rail stations and bus terminals are sensitive locations under Penal Law 265.01-e(2)(n).

New York City Is Separate and Stricter

New York City runs its own handgun licensing system under the New York City Administrative Code (10-131) and Title 38 of the Rules of the City of New York, separate from and stricter than the state Penal Law 400.00 process. Penal Law 400.00(6) says a license not otherwise limited as to place or time of possession "shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city."

The same subdivision preserves five ways a license works in the city without that special permit. Two of them are transport rules, and they are the reason a licensee driving through is not automatically committing a crime:

• The firearms covered by the license "have been purchased from a licensed dealer within the city of New York and are being transported out of said city forthwith and immediately from said dealer by the licensee in a locked container during a continuous and uninterrupted trip."
• The firearms covered by the license "are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted."

The other three cover armored car security guards transporting money or other valuables during their employment, certain retired police officers and retired federal law enforcement officers whose licenses are marked accordingly, and a New York State Tax Department peace officer carrying the firearm issued by that department.

A premises license is handled separately in the same subdivision. The premises limitation does not prevent transport of the pistol or revolver directly to or from another dwelling or place of business where the licensee is authorized to have it, a shooting range authorized by law to operate as such, a qualifying shooting competition, or any other location where the licensee is lawfully authorized to possess it, provided that during the trip "the pistol or revolver shall be unloaded and carried in a locked container, and the ammunition therefor shall be carried separately." The subdivision adds that "locked container" "shall not include the glove compartment or console of a vehicle." A premises license issued outside New York City "shall not authorize transport of a pistol or revolver into the city of New York in the absence of written authorization to do so by the police commissioner of that city."

Manufacturer transport of pistols or revolvers into, out of, or within New York City may be done only with the consent of the NYC Police Commissioner under Penal Law 265.20(a)(9-a). Treat New York City as a distinct jurisdiction when planning any transport.

Sources: Penal Law 400.00(6); Penal Law 265.20(a)(9-a).

Local Ordinances

State law answers this in two different ways depending on what the local rule is about.

• Licensing. Penal Law 400.00(6) opens by saying a license issued under that section "shall be valid notwithstanding the provisions of any local law or ordinance." New York City is the express carve-out, described above.
• Safe storage. Penal Law 265.45(3) says that "Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons." A municipality can layer storage requirements on top of the state rule, and those additional requirements survive.

So a city cannot override your license, but it can add storage obligations. Check the code of any municipality where you plan to stop or stay overnight.

Sources: Penal Law 400.00(6); Penal Law 265.45(3).

Interstate Transfers

• Under 18 U.S.C. 922(a)(5), an unlicensed person may not transfer, sell, trade, give, transport, or deliver a firearm to another unlicensed person whom the transferor knows or has reasonable cause to believe does not reside in the transferor's state. In practice a sale to an out-of-state buyer goes through a licensed dealer in the buyer's state of residence.
• Federal law disqualifies several categories of people from receiving firearms, listed in 18 U.S.C. 922(g): persons convicted of a crime punishable by more than one year of imprisonment, fugitives, unlawful drug users, persons adjudicated mentally defective or committed to a mental institution, persons dishonorably discharged, those subject to a qualifying protective order, and persons convicted of a misdemeanor crime of domestic violence, among others. A person merely under indictment is addressed by a separate provision, 18 U.S.C. 922(n), not 922(g).
• New York separately uses the "serious offense" category defined in Penal Law 265.00(17) as part of its eligibility framework. That definition is a long enumerated list of offenses, not a general severity threshold.
• A straw purchase is a separate New York crime. Under Penal Law 265.17(2), a person who, knowing it would be unlawful for another person to possess a firearm, rifle or shotgun, buys or otherwise acquires one "for, on behalf of, or for the use of such other person" is guilty of criminal purchase or disposal of a weapon, a class D felony.

Transporting Harvested Game

Two different rule sets run at the same time on the drive home. Environmental Conservation Law 11-0931(2) governs the firearm or crossbow while it is in the vehicle, as described above. The Department of Environmental Conservation sets the tagging, reporting, and carcass transport rules for deer and bear.

DEC states the vehicle-relevant parts this way. A harvested deer or bear is in legal possession only when it is tagged, transported, and reported the way DEC requires. A hunter using a paper tag fills in the tag and attaches it, and DEC adds that "You do not need to attach the tag to the carcass while it is being dragged or physically carried from the place of kill to a camp, home, or point where transportation is available." A hunter using an e-tag reports the harvest in the HuntFishNY mobile app immediately, and once reported does not need to attach anything to the carcass while it stays in their possession, including in their vehicle.

Then the transport rule itself: "Harvested and tagged deer and bear may be transported either inside or outside a vehicle by the hunter who harvested the animal, or in their attendance." If the hunter is not the one moving it, "the hunter must attach an additional tag of their own making to the carcass that includes the names, addresses, and signatures of the hunter and person(s) transporting the carcass." Reporting runs on a clock. DEC says "Report your harvest within 48 hours" and that it "considers unreported deer and bear to be illegally taken."

Confirm the current deer and bear tagging, reporting, and transport requirements on dec.ny.gov before you move a harvested animal.

Sources: Environmental Conservation Law 11-0931(2); NYSDEC hunting regulations (dec.ny.gov).

Training Topics on Transport

New York's mandatory concealed carry firearm safety training, required under Penal Law 400.00(19), is 16 hours of in-person live classroom instruction plus 2 hours of live-fire training. The state minimum standards put firearm safe storage requirements under Penal Law 265.45 and 265.50, together with general secure storage and transportation practices, in the classroom curriculum at one hour minimum, alongside state and federal gun law and the possession disqualifiers under 18 U.S.C. 922(g).

The deadly force rules matter on the road too. Penal Law 35.15(2)(a) says a person who reasonably believes another is using or about to use deadly physical force still "may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating." The statute lifts that duty for a person who is "in his or her dwelling and not the initial aggressor" and for a police or peace officer, or someone assisting one at that officer's direction, acting under Penal Law 35.30. Paragraphs (b) and (c) of the same subdivision address deadly force against certain enumerated felonies and against burglary.

Sources: Penal Law 400.00(19); Penal Law 35.15(2); NYSP and DCJS minimum standards for firearm safety training (gunsafety.ny.gov).

Key Statutes

Practical Guidance

1. Plan your route around sensitive locations. The possession crime under Penal Law 265.01-e can apply while you are simply passing through, and every paragraph of that list is in force. The private-property default in Penal Law 265.01-d is enjoined and not enforced as to private property open to the public, but it still applies on its own terms to private property that is not held open to the public. Honor any posted no-firearms sign or direct notice from an owner or lessee.
2. Possessing a handgun and compatible ammunition at the same time can make the firearm "loaded" under Penal Law 265.00(15), whether or not the two are separated inside the vehicle. For a person without a license, possession of a loaded firearm outside the home or place of business is criminal possession of a weapon in the second degree under Penal Law 265.03(3), a class C felony. Separate carriage is what the law asks for where a statute says so, as in premises-license transport under Penal Law 400.00(6) and the college and university pistol team exemption in Penal Law 265.20(a)(12).
3. If you leave a firearm unattended in a vehicle, remove the ammunition and lock the firearm in a fire-, impact-, and tamper-resistant container out of sight, not a glove box, per Penal Law 265.45.
4. Remember the automobile presumption. Under Penal Law 265.15(3), a firearm found in a car can be charged to every occupant, with limited exceptions.
5. Section 926A covers a trip that starts and ends somewhere you may lawfully possess and carry the firearm, with the firearm unloaded and neither it nor the ammunition readily or directly accessible from the passenger compartment. A New York stop that is not such a place is outside it.
6. Treat New York City as a separate, stricter jurisdiction. Under Penal Law 400.00(6) a license issued elsewhere is not valid in the city without a special permit from the NYC Police Commissioner, except in the five situations that subdivision lists. The one most travelers rely on is a trip through the city in a locked container that is continuous and uninterrupted.
7. For air travel, follow 49 U.S.C. 46505 and the checked-baggage rule in 49 CFR 1540.111(c): declare it, unloaded, in a locked hard-sided container you alone hold the key to. Never bring a firearm to a screening checkpoint.
8. Check local safe-storage acts. Penal Law 265.45(3) lets a municipality impose storage requirements beyond the state rule.

Sources: New York Penal Law Articles 265 and 400; Environmental Conservation Law 11-0931; 18 U.S.C. 922, 926A; 49 U.S.C. 46505; 49 CFR 1540.111; NYSDEC hunting regulations (dec.ny.gov); NY State Police guidance (gunsafety.ny.gov); Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024); Christian v. James, 176 F.4th 189 (2d Cir. 2026); Wolford v. Lopez, No. 24-1046 (U.S. 2026).

Firearm Storage Requirements in New York

New York requires firearms to be secured against access by children and prohibited persons, and imposes a separate rule for firearms left in vehicles. The core safe-storage offenses are codified in the Penal Law as "Failure to safely store rifles, shotguns, and firearms" in the first degree (Penal Law 265.45) and in the second degree (Penal Law 265.46). New York State's gun safety site dates the vehicle and home storage requirements under Penal Law 265.45 to September 1, 2022.

A citation note: some official materials pair "Penal Law 265.45 and 265.50" when describing safe storage. The DCJS and State Police "Minimum Standards" training document lists the storage topic that way, and the NYPD License Division rule at 38 RCNY 5-01(a) refers to "the safeguarding requirements set forth in 265.45 and 265.50 of the Penal Law (Failure to safely store rifles, shotguns, and firearms in the first and second degree, respectively)". Under the current Penal Law, the storage offenses are 265.45 and 265.46. Penal Law 265.50 is a different statute (criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun, a class D felony) and does not govern everyday storage. Rely on 265.45 and 265.46 for storage duties.

Home Storage

Under Penal Law 265.45 (first degree), a person who owns or is the custodian of a rifle, shotgun, or firearm and who resides with any of the following individuals must secure the weapon before leaving it out of immediate possession or control:

• A person under eighteen years of age.
• A person the owner knows, or has reason to know, is prohibited from possessing a firearm under a temporary or final extreme risk protection order (issued under Article 63-A of the Civil Practice Law and Rules) or under 18 U.S.C. 922(g)(1), (4), (8), or (9).
• A person the owner knows, or has reason to know, is prohibited from possessing a firearm based on a conviction for a felony or a serious offense.

When that duty applies, the firearm must either be:

1. Securely locked in an appropriate safe storage depository, or
2. Rendered incapable of being fired by use of a gun locking device appropriate to that weapon.

Penal Law 265.45 defines a "safe storage depository" as a safe or other secure container that, when locked, cannot be opened without the key, keypad, combination, or other unlocking mechanism, that is capable of preventing an unauthorized person from gaining access to the weapon, and that is fire, impact, and tamper resistant.

A violation of Penal Law 265.45 (first degree) is a class A misdemeanor.

Second-Degree Storage Offense (Children Under 16)

Penal Law 265.46 (second degree) applies more broadly to children. A person who owns or is the custodian of a rifle, shotgun, or firearm and who knows, or has reason to know, that a person under sixteen years of age is likely to gain access to it must not leave the weapon out of immediate possession or control without first locking it in an appropriate safe storage depository (same definition as in 265.45) or rendering it incapable of being fired with an appropriate gun locking device.

A violation of Penal Law 265.46 (second degree) is a violation (not a misdemeanor), punishable only by a fine of not more than $250.

Hunting and Youth-Use Exception

Each storage offense carries the same exception, measured against its own age threshold. It is not a violation of Penal Law 265.45 to allow a person under eighteen, or of Penal Law 265.46 to allow a person under sixteen, access to a firearm, rifle, or shotgun for lawful use authorized under paragraph seven or seven-e of subdivision (a) of Penal Law 265.20, or to a rifle or shotgun for lawful use under Article 11 of the Environmental Conservation Law when that person holds a hunting license or permit and uses the weapon in accordance with that law.

Vehicle Storage

Penal Law 265.45(2) sets a specific rule for firearms left in vehicles. No person may leave a rifle, shotgun, or firearm out of that person's immediate possession or control inside a vehicle unless the person first:

• Removes the ammunition from the weapon, and
• Securely locks the weapon in an appropriate safe storage depository that is out of sight from outside the vehicle.

A glove compartment or glove box does not qualify as an appropriate safe storage depository for this purpose (Penal Law 265.45(3)). State guidance says a plastic or aluminum, lockable, hard-sided gun case or safe will suffice, provided it is locked and out of sight from outside the vehicle.

This requirement is triggered only when the weapon is left out of the person's immediate possession or control. State guidance puts it this way: if an adult remains with the vehicle to ensure security, a case or safe is not required. That is the state floor, not the whole rule. The same guidance warns that local rules for traveling with firearms also apply and may be more restrictive, and gives New York City as the example, where all guns must be unloaded, in a case, and out of sight even when you are with the vehicle. Securing the firearm is always the safer practice.

The vehicle provision does not apply to a police officer (as defined in subdivision 34 of section 1.20 of the Criminal Procedure Law), a qualified law enforcement officer authorized to carry under 18 U.S.C. 926B, or a person in the military service of the United States or New York State, when acting in the course of that person's official duty or employment and otherwise complying with any applicable standards or requirements for storing the weapon.

New York City Is Separate and Stricter

State storage law is a floor, not a ceiling. Penal Law 265.45(3) and 265.46 each provide that nothing in those sections affects, impairs, or supersedes "any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons", and New York State lists ensuring that local safe storage laws are not preempted by the SAFE Act among the amendments to that law. A stricter local storage rule still applies on top of the state minimum.

New York City is the clearest example. It regulates handgun possession, licensing, and storage separately from the rest of the state, through the Rules of the City of New York (Title 38) and the Administrative Code, enforced by the NYPD License Division rather than a county licensing officer. Under 38 RCNY 5-01(a), a premises licensee must safeguard the handgun in a locked container and use a safety locking device whenever it is out of the licensee's immediate possession or control, expressly in addition to the Penal Law storage requirements. The conditions of issuance at 38 RCNY 5-22 bar leaving a handgun in an auto or anywhere an unauthorized person may readily obtain it, and bar leaving it out of immediate possession or control without rendering it inoperable with a safety locking device. The NYPD rule states that a violation is a misdemeanor where the licensee has previously been found guilty of it or the circumstances create a substantial risk of physical injury to another person, citing the Administrative Code provision that carries that grading. Under 38 RCNY 5-25, a licensee who obtains a handgun must purchase or obtain a safety locking device at the time of acquisition. The Administrative Code sections those rules rest on are not reproduced here, so read them on the City's site before relying on the grading. If you live in or carry through the five boroughs, confirm the current NYPD storage and transport rules directly. Do not assume the statewide standard is sufficient there.

Federal Point-of-Sale Storage Device

Federal law adds one storage-related requirement at the point of sale. Under 18 U.S.C. 922(z), a licensed importer, manufacturer, or dealer may not sell, deliver, or transfer a handgun to a non-licensee unless the buyer is provided with a secure gun storage or safety device for that handgun (as defined in 18 U.S.C. 921(a)(34)). This is a dealer obligation at purchase, not an ongoing possession mandate, but it means a lock should come with any handgun bought from a dealer.

Training Coverage of Storage

New York's concealed carry license training, required under Penal Law 400.00(19) and administered by Duly Authorized Instructors under Penal Law 265.00(19), devotes a minimum of one hour to firearm safe-storage requirements and to general secure storage and transportation best practices. This is set by the statewide Minimum Standards for Concealed Carry Firearm Safety Training issued by the Division of Criminal Justice Services and the State Police on August 23, 2022.

Key Statutes

Penalties Summary

• First-degree failure to safely store (Penal Law 265.45): class A misdemeanor.
• Second-degree failure to safely store (Penal Law 265.46): violation, fine of not more than $250.

This page summarizes statutory storage duties and is not legal advice. Penal Law 265.45 and 265.46 contain the full definitions and exceptions, and New York City and other localities may impose additional requirements. Consult a qualified New York attorney about how these rules apply to your situation.

Use of Force Laws - New York

Overview

New York's use of force rules are codified in Penal Law Article 35 (Justification). New York does not have a "Stand Your Ground" law. Penal Law 35.15(2)(a) requires retreat before deadly physical force when the actor knows retreat can be made with complete personal safety to himself or herself and others. The statute lists only two exceptions to that retreat obligation: the actor is in his or her own dwelling and not the initial aggressor, or the actor is a police officer, peace officer, or a person assisting one at that officer's direction. The Court of Appeals applies a combined subjective and objective test to the statute's "reasonably believes" language when deciding whether force was justified.

Justification is a separate question from whether the firearm was lawfully carried. In New York a license issued under Penal Law 400.00 is required to possess or carry a handgun, and possession in certain places is a crime regardless of any license (see "How This Interacts With Carrying" below). A justified use of force does not cure an unlawful-possession charge, and a lawful carry does not by itself justify the use of force.

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Use of Physical Force in Defense of a Person (Penal Law 35.15)

General Rule - Non-Deadly Force (Penal Law 35.15(1))

A person may use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself, or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person.

This general right does not apply in three situations spelled out in Penal Law 35.15(1):

• The actor provoked the other person's conduct with intent to cause physical injury to another person (subdivision (1)(a));
• The actor was the initial aggressor, unless the actor has withdrawn from the encounter and effectively communicated that withdrawal but the other person persists (subdivision (1)(b)); or
• The physical force is the product of a combat by agreement not specifically authorized by law (subdivision (1)(c)).

Deadly Physical Force (Penal Law 35.15(2))

A person may not use deadly physical force upon another person under the circumstances in subdivision one unless one of the following is true:

• (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even then, the actor may not use deadly physical force if he or she knows that, with complete personal safety to oneself and others, the necessity of doing so can be avoided by retreating. The duty to retreat does not apply if the actor is (i) in his or her dwelling and not the initial aggressor, or (ii) a police officer, peace officer, or a person assisting one at the officer's direction acting under Penal Law 35.30.
• (b) The actor reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in Penal Law 130.50 (criminal sexual act) by force, or robbery.
• (c) The actor reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by Penal Law 35.20(3).

Note: subdivision (2)(b) reads "forcible aggravated sexual abuse" and "a crime formerly defined in section 130.50 of this chapter by force." Confirm the current text on the New York State Senate legislation site before relying on it.

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The "Reasonably Believes" Standard

New York's justification standard contains both a subjective and an objective element, as established by the New York Court of Appeals in People v. Goetz, 68 N.Y.2d 96 (1986).

Subjective Element

The defendant must have actually believed that deadly force was necessary to avert the imminent use of deadly force or the commission of one of the enumerated felonies.

Objective Element

The defendant's belief must also be one that a reasonable person in the defendant's situation could have held. A purely subjective belief, no matter how genuine, is not sufficient if it would not be shared by a reasonable person under the same circumstances.

What "Circumstances" Include

In Goetz the Court of Appeals explained that the objective reasonableness inquiry is not made in a vacuum. The "circumstances" and "situation" of the defendant can include:

• Any relevant knowledge the defendant had about the person confronting them. Goetz described the Court's earlier decision in People v. Miller, 39 N.Y.2d 543 (1976), as holding "that a defendant charged with homicide could introduce, in support of a claim of self-defense, evidence of prior acts of violence committed by the deceased of which the defendant had knowledge";
• The "physical attributes of all persons involved, including the defendant"; and
• Any prior experiences the defendant had "which could provide a reasonable basis for a belief that another person's intentions were to injure or rob him or that the use of deadly force was necessary under the circumstances."

The Court set out the order of the inquiry. The jury first decides whether the defendant actually held the beliefs Penal Law 35.15 requires. If the People do not disprove those beliefs beyond a reasonable doubt, the jury then considers whether the beliefs were reasonable, asking in light of all the circumstances "if a reasonable person could have had these beliefs."

"We cannot lightly impute to the Legislature an intent to fundamentally alter the principles of justification to allow the perpetrator of a serious crime to go free simply because that person believed his actions were reasonable and necessary to prevent some perceived harm." - People v. Goetz

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Duty to Retreat

New York requires retreat before the use of deadly physical force when the actor knows it can be done with complete personal safety to oneself and others. This is the key distinction from "Stand Your Ground" states. The duty applies to deadly physical force; it does not require retreat before using ordinary, non-deadly physical force.

"The duty to retreat reflects the idea that a killing is justified only as a last resort, an act impermissible as long as other reasonable avenues are open." - People v. Jones, 3 N.Y.3d 491, 494 (2004)

A person who knows they can retreat with complete personal safety to themselves and others may not use deadly physical force in the situation covered by Penal Law 35.15(2)(a). The statute lists only two exceptions to that retreat obligation. The actor is under no duty to retreat if he or she is:

• In his or her dwelling and not the initial aggressor (Penal Law 35.15(2)(a)(i)), or
• A police officer, peace officer, or a person assisting one at the officer's direction, acting under Penal Law 35.30 (Penal Law 35.15(2)(a)(ii)).

The retreat obligation is written into paragraph (2)(a), which covers the general deadly-force scenario. The separate justifications in paragraphs (2)(b) and (2)(c) (certain forcible felonies, and burglary under the circumstances described in Penal Law 35.20(3)) do not contain a retreat clause of their own. They are not retreat exceptions but different routes to justification with their own elements, and they are not a way around subdivision one. All of Penal Law 35.15(2) operates "under circumstances specified in subdivision one," so a person who provoked the encounter, was the initial aggressor without an effective withdrawal, or entered a combat by agreement is outside paragraphs (2)(b) and (2)(c) as well.

On a public street, in a store, in a workplace, or in a business the person does not occupy as a dwelling, a defender relying on paragraph (2)(a), the general deadly-force route, who knows a retreat can be made with complete personal safety to himself or herself and others must retreat before using deadly physical force.

Paragraphs (2)(b) and (2)(c) work differently, and the difference matters most in exactly the situation people ask about. In People v. Goetz the Court of Appeals said that "the portion of section 35.15 (2) (b) pertaining to the use of deadly physical force to avert a felony such as robbery does not contain a separate 'retreat' requirement." So a person who reasonably believes another is committing or attempting one of the felonies listed in (2)(b), which include robbery, kidnapping and the forcible sexual offenses, is not under the paragraph (2)(a) duty to retreat.

That is not permission to stand your ground in public. Goetz went on to hold that "the general 'necessity' requirement in subdivision (1) applies to all uses of force under section 35.15, including the use of deadly physical force under subdivision (2) (b)," so the force must still be what the actor reasonably believes necessary to avert the threat, and the subdivision one bars on provocation, initial aggression and combat by agreement still apply. Whether (2)(b) or (2)(c) reaches a particular set of facts is a question for a New York attorney and, in the end, for the court.

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Castle Doctrine (Home Exception)

New York recognizes a Castle exception: under Penal Law 35.15(2)(a)(i) there is no duty to retreat when a person is in their own dwelling and is not the initial aggressor.

"It is not now, and never has been the law that a man assailed in his own dwelling, is bound to retreat. If assailed there, he may stand his ground, and resist the attack. He is under no duty to take to the fields and the highways, a fugitive from his own home." - People v. Tomlins, 213 N.Y. 240, 243 (1914) (Cardozo, J.)

Limits of the Castle Doctrine

• Initial aggressor: the dwelling exception is unavailable if the person claiming it was the initial aggressor (Penal Law 35.15(2)(a)(i)).
• Doorways and thresholds: People v. Aiken, 4 N.Y.3d 324 (2005), asked whether "a defendant standing in the doorway between his apartment and the common hall of a multi-unit building" has "a duty under Penal Law 35.15 to retreat into his home when he can safely do so." The Court of Appeals answered "that question in the affirmative."
• Common areas: in People v. Hernandez, 98 N.Y.2d 175 (2002), the Court of Appeals held that whether a location is part of the defendant's dwelling under Penal Law 35.15(2)(a)(i) "depends on the extent to which defendant (and persons actually sharing living quarters with defendant) exercises exclusive possession and control over the area in question." On the facts there, "the lobby and common stairwell were not part of defendant's dwelling." Do not assume hallways, lobbies, stairwells, or a threshold are part of yours.
• Cohabitants: this is not a limit in New York. In People v. Jones, 3 N.Y.3d 491 (2004), the Court of Appeals wrote, "We affirm the castle doctrine in its application to occupants of the same household," and quoted People v. Tomlins for the point that the rule is the same "whether the attack proceeds from some other occupant or from an intruder." Penal Law 35.15(2)(a)(i) contains no cohabitant carve-out. The exception still removes nothing but the duty to retreat: the person must not be the initial aggressor and must still reasonably believe the other person is using or about to use deadly physical force.

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Defense of Premises and Dwelling (Penal Law 35.20)

Penal Law 35.20 governs force used to defend premises, separate from defense of a person under 35.15:

• Subdivision (1): any person may use physical force, other than deadly physical force, when he or she reasonably believes it necessary to prevent or terminate the commission or attempted commission of a crime involving damage to premises, and may use deadly physical force only if he or she reasonably believes it necessary to prevent or terminate arson.
• Subdivision (2): a person in possession or control of premises, or licensed or privileged to be there, may use non-deadly physical force to prevent or terminate a criminal trespass, and may use deadly physical force only to prevent or terminate arson (under subdivision one) or in the course of a burglary or attempted burglary (under subdivision three).
• Subdivision (3): a person in possession or control of, or licensed or privileged to be in, a dwelling or occupied building, who reasonably believes another person is committing or attempting to commit a burglary of that dwelling or building, may use deadly physical force when he or she reasonably believes it necessary to prevent or terminate the burglary.

The terms "premises," "building," and "dwelling" in 35.20 take their meanings from Penal Law 140.00. That cross-reference is written "As used in this section," so it governs Penal Law 35.20 and does not carry over to the retreat exception in Penal Law 35.15(2)(a)(i). For that exception the Court of Appeals held in People v. Hernandez that "dwelling" "refers to a person's residence" and turns on exclusive possession and control of the area in question. Treat the two questions separately.

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How This Interacts With Carrying

New York is a licensed-carry state, not a permitless or constitutional-carry state. A few overlays matter for anyone who carries:

• A license under Penal Law 400.00 is required to possess or carry a handgun. Eligibility includes being of "good moral character," which Penal Law 400.00(1)(b) defines as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." Applicants must complete the training in Penal Law 400.00(19) (a minimum of 16 hours of in-person classroom curriculum plus 2 hours of live-fire range training, 18 hours total), sit for an in-person interview, and provide references. These requirements were upheld in the Concealed Carry Improvement Act litigation.
• Possessing a firearm, rifle or shotgun in a "sensitive location" is a class E felony under Penal Law 265.01-e even for a licensee. Treat all twenty paragraphs of subdivision 2, (a) through (t), as in force. In Antonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024), decided on remand, the Second Circuit vacated the preliminary injunctions against the sensitive-location paragraphs before it, and the Supreme Court denied certiorari on April 7, 2025 (No. 24-795). The list covers government buildings and courts, health, behavioral health and chemical dependence care locations, places of worship, libraries, public playgrounds, public parks and zoos, children and youth programs, nursery schools, preschools and summer camps, shelters, schools, colleges and universities, public transportation and its facilities, premises licensed for on-premises alcohol or cannabis consumption, entertainment, gaming and sporting venues, polling places, permitted or access-restricted public areas, protests and assemblies, and Times Square.
• Places of worship are a sensitive location, not an exception. Penal Law 265.01-e(2)(c) reaches "any place of worship, except for those persons responsible for security at such place of worship," and it is in force. Carrying there is criminal possession of a firearm, rifle or shotgun in a sensitive location, a class E felony. That security carve-out is the only exception written into the statute, and it came from the Legislature's amendment effective May 3, 2023 (L. 2023 ch. 55, pt. F). In Antonyuk v. James the Second Circuit vacated the district court's preliminary injunction against enforcement of Penal Law 265.01-e(2)(c). One injunction survives and it is party-specific: the district court's preliminary injunction in Spencer, which the Second Circuit left intact, "prohibited enforcement of 265.01-e(2)(c) against plaintiffs in that case." It does not protect anyone else. A place of worship is also private property, so its operator may separately prohibit firearms, but that is a different point and it does not make carrying there lawful for a licensee.
• Penal Law 265.01-d makes it a class E felony to possess a firearm, rifle, or shotgun and enter or remain on private property where the person knows or reasonably should know that the owner or lessee "has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." By its terms subdivision 1 reaches private property generally. The statute has not been repealed and has not been struck down as a whole. It is enjoined in part. On October 10, 2024 the U.S. District Court for the Western District of New York permanently enjoined the defendants from enforcing Penal Law 265.01-d "with respect to private property open to the public" (Christian v. James, No. 22-cv-00695, W.D.N.Y.), and the Second Circuit affirmed that injunction on May 18, 2026 (Christian v. James, 176 F.4th 189). New York State Police say on gunsafety.ny.gov that they are not currently enforcing the provision as to property held open to the public. As to private property that is not held open to the public, 265.01-d still applies on its own terms. Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026) reached the same conclusion about a Hawaii law; it did not invalidate New York's statute. Owners keep the right to exclude firearms either way, and an owner's prohibition must be honored under property and trespass law.

Litigation note: the Concealed Carry Improvement Act (effective September 1, 2022) was challenged in Antonyuk v. James (formerly Antonyuk v. Hochul). In Antonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024), decided on remand, the Second Circuit upheld most of the law, including the good-moral-character standard, the 18 hours of training, the in-person interview, the four character references, the cohabitant disclosure and the catch-all. The Supreme Court denied certiorari on April 7, 2025 (No. 24-795). The court vacated the district court's preliminary injunction against the place-of-worship provision, Penal Law 265.01-e(2)(c), which is in force. It preserved the injunction only as to Penal Law 400.00(1)(o)(iv) and Penal Law 265.01-d as applied to private property held open to the general public.

On the social-media requirement: no court has held Penal Law 400.00(1)(o)(iv) unconstitutional, and it has not been repealed. It is on the books and off the form. A stipulation of partial settlement in Antonyuk, so ordered by U.S. District Judge Glenn T. Suddaby on March 30, 2026, added a permanent injunction against enforcing that subparagraph against the named plaintiff, plus the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The injunction terminates if the Legislature repeals the subparagraph, and a consent stipulation carries no precedential value. The text stays in the statute, and the current PPB-3 does not ask for social media accounts.

Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026) affirmed the permanent injunction against enforcing Penal Law 265.01-d as to private property open to the public, and affirmed judgment for the State on the public parks provision, Penal Law 265.01-e(2)(d).

Some of this is unresolved as of August 25, 2026. In Christian the court lifted the stay on the public-transit claim on August 17, 2026 and that claim is undecided, with Penal Law 265.01-e(2)(n) in force. In an August 14, 2026 joint status letter the Christian plaintiffs said they anticipated petitioning for certiorari on the public parks ban "before the deadline of September 16, 2026." Summary-judgment briefing in Antonyuk closes September 18, 2026 with no ruling. Confirm the current enforcement status on gunsafety.ny.gov before relying on any of it.

New York City is a separate licensing universe. Penal Law 400.00(6) provides that a license "not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city." City licenses issue from the police commissioner under Administrative Code 10-131 and Title 38 of the Rules of the City of New York. A license issued by a county licensing officer does not by itself authorize carry within New York City.

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Key Statutory References

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Key Case Law

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Practical Considerations for Concealed Carry Permit Holders

1. Under Penal Law 35.15(2)(a) you must retreat before using deadly physical force if you know you can do so with complete personal safety to yourself and others. The statute lists only two exceptions to that duty: your own dwelling when you are not the initial aggressor, and police or peace officers and persons assisting them under Penal Law 35.30. Paragraphs (b) and (c) are separate justification routes with their own elements, not exceptions to the duty to retreat. Do not treat them as permission to stand your ground in public.
2. The duty to retreat does not apply to ordinary, non-deadly physical force, but deadly force is tightly limited.
3. Your belief must be objectively reasonable, not just genuinely held. A jury will evaluate whether a reasonable person in your specific circumstances would have shared your belief.
4. Deadly force is limited to a reasonable belief of imminent deadly force, or that the other person is committing or attempting one of the enumerated felonies (kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in Penal Law 130.50 by force, robbery, or a qualifying burglary under Penal Law 35.20(3)).
5. Common areas of apartment buildings, such as hallways, lobbies, and stairwells, are generally not your dwelling, so the duty to retreat applies there.
6. Property crimes are not a deadly-force trigger. Penal Law 35.25 allows only physical force other than deadly physical force to prevent or terminate a larceny or criminal mischief to property other than premises. Penal Law 35.27 separately prohibits using physical force to resist an arrest by someone who reasonably appears to be a police officer or peace officer, whether the arrest is authorized or not.
7. Justification is a defense to a use-of-force charge. It does not excuse carrying without a Penal Law 400.00 license or carrying in a sensitive location under Penal Law 265.01-e. Treat every sensitive location in Penal Law 265.01-e(2) as in force, places of worship included; the only exception written into paragraph (2)(c) is a person responsible for security at that place of worship. Penal Law 265.01-d is also on the books. The injunction affirmed in Christian v. James reaches only private property open to the public, and the statute still applies on its own terms to private property that is not held open to the public. A private property owner may bar firearms on their own property either way, and that prohibition controls.

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Important Notes

• New York does not have a "Stand Your Ground" law. The Penal Law 35.15(2)(a) duty to retreat applies in public spaces and other locations outside the dwelling.
• New York's framework is built on necessity. Force may be used only "when and to the extent" the actor reasonably believes it necessary, and under Penal Law 35.15(2)(a) deadly physical force is a last resort wherever a completely safe retreat is known to be available.
• The dwelling exception applies against cohabitants as well as intruders. The Court of Appeals in People v. Jones affirmed "the castle doctrine in its application to occupants of the same household." The other elements of Penal Law 35.15(2)(a) still apply, including that the person was not the initial aggressor.
• Confirm the current statutory text on the New York State Senate legislation site and the current enforcement status on gunsafety.ny.gov before relying on any of this. Specific facts are always evaluated case by case, and this is general information, not legal advice.

Federal context

N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims and struck New York's "proper cause" licensing standard, prompting the Concealed Carry Improvement Act. Rahimi, 602 U.S. 680 (2024), then applied Bruen to uphold the federal domestic-violence-restraining-order firearm prohibition at 18 U.S.C. 922(g)(8), confirming that not every firearm disability fails Bruen's test. Anyone advising on use of force or firearm-disability questions should be familiar with both cases.

Castle Doctrine and Duty to Retreat in New York

New York is a duty-to-retreat state. It does not have a Stand Your Ground law. Penal Law 35.15(2)(a) provides that a person who reasonably believes another is using or about to use deadly physical force "may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating." The statute lists only two exceptions to that retreat obligation. The first is the Castle Doctrine at Penal Law 35.15(2)(a)(i), which applies when the actor is "in his or her dwelling and not the initial aggressor." The second, at Penal Law 35.15(2)(a)(ii), covers police officers, peace officers, and persons assisting them at their direction under Penal Law 35.30.

This section addresses when force is justified in self-defense. It is separate from the question of whether carrying the firearm was lawful in the first place. New York requires a license to carry a handgun under Penal Law 400.00, and unlicensed possession is itself a crime (for example, criminal possession of a firearm under Penal Law 265.01-b, a class E felony). A justified act of self-defense does not cure an unlawful-carry charge, and the two are analyzed independently.

Self-Defense and the Use of Physical Force (Penal Law 35.15)

Penal Law 35.00 provides that "In any prosecution for an offense, justification, as defined in sections 35.05 through 35.30, is a defense." Justification is therefore raised and decided inside a criminal case. It is not an advance permission slip.

Penal Law 35.15(1) allows a person to use physical force upon another "when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person." Both the belief that force is necessary and the amount of force used are measured against that reasonableness standard. The justification does not apply if the other person's conduct "was provoked by the actor with intent to cause physical injury to another person" (Penal Law 35.15(1)(a)), if the actor "was the initial aggressor" (Penal Law 35.15(1)(b)), or if the force "is the product of a combat by agreement not specifically authorized by law" (Penal Law 35.15(1)(c)). The initial-aggressor bar has a narrow withdrawal exception: force is justifiable again only if the actor "has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force."

Deadly physical force is governed by Penal Law 35.15(2). That subdivision opens "A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless," so the subdivision one exclusions for provocation, initial aggression, and combat by agreement carry forward into every deadly-force route below. Deadly force is permitted only in these narrower circumstances:

• The actor reasonably believes the other person is using or about to use deadly physical force (Penal Law 35.15(2)(a)).
• The actor reasonably believes the other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in section 130.50 committed by force, or a robbery (Penal Law 35.15(2)(b)).
• The actor reasonably believes the other person is committing or attempting to commit a burglary under the circumstances described in Penal Law 35.20(3) (Penal Law 35.15(2)(c)).

Duty to Retreat (Penal Law 35.15(2)(a))

The duty to retreat appears within Penal Law 35.15(2)(a). Even when a person reasonably believes the attacker is using or about to use deadly physical force, the statute provides that the actor "may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating." In plain terms, deadly force is off the table if the defender knows a completely safe retreat is available.

The statute then lists exceptions. The actor is under no duty to retreat if he or she is:

• In his or her dwelling and not the initial aggressor (Penal Law 35.15(2)(a)(i)), or
• A police officer, peace officer, or a person assisting one at the officer's direction, acting under Penal Law 35.30 (Penal Law 35.15(2)(a)(ii)).

The retreat obligation is written into paragraph (2)(a), which covers the general deadly-force scenario. The separate justifications in paragraphs (2)(b) and (2)(c) (certain forcible felonies, and burglary under the circumstances described in Penal Law 35.20(3)) do not contain a retreat clause of their own. They are not a way around subdivision one, though. All of Penal Law 35.15(2) operates "under circumstances specified in subdivision one," so a person who provoked the encounter, was the initial aggressor without an effective withdrawal, or entered a combat by agreement is outside paragraphs (2)(b) and (2)(c) as well.

Castle Doctrine (Penal Law 35.15(2)(a)(i))

Penal Law 35.15(2)(a)(i) lifts the retreat obligation only for an actor who is "in his or her dwelling and not the initial aggressor." Both conditions have to be met, and the exception removes the retreat requirement only. Everything else in the statute still applies: the actor must reasonably believe the other person "is using or about to use deadly physical force" under Penal Law 35.15(2)(a), and under Penal Law 35.15(1) must reasonably believe the force used is necessary. Being at home is not itself a justification to use deadly physical force.

Article 35 does not define "dwelling" for the retreat exception. Penal Law 35.20(4)(a) gives "premises," "building" and "dwelling" the meanings prescribed in Penal Law 140.00, but by its own terms that cross-reference reads "As used in this section," meaning Penal Law 35.20. For the Penal Law 35.15(2)(a)(i) exception the Court of Appeals held in People v. Hernandez, 98 NY2d 175 (2002), that "dwelling" "refers to a person's residence," and that whether a particular location is part of it "depends on the extent to which defendant (and persons actually sharing living quarters with defendant) exercises exclusive possession and control over the area in question." On the facts of that case "the lobby and common stairwell were not part of defendant's dwelling."

Do not assume these areas are part of your dwelling for retreat purposes:

• Shared hallways, stairwells, lobbies, and other common areas of a multi-unit building.
• The doorway or threshold between a private apartment and a common area.
• Porches, yards, and driveways, whether or not they are enclosed.
• Any space where nonresidents could ordinarily stand, such as to knock or ring a bell.

If retreat from a place like that can be made with complete personal safety to yourself and others, Penal Law 35.15(2)(a) requires it. Where the line falls in a specific situation is a question for a New York attorney and, in the end, for the court.

Defense of Premises and Burglary (Penal Law 35.20)

Penal Law 35.20 addresses the use of force to defend premises:

• Any person who reasonably believes it necessary to prevent or terminate a crime involving damage to premises may use "any degree of physical force, other than deadly physical force." Deadly physical force is authorized under this subdivision only where the actor reasonably believes it necessary to prevent or terminate the commission or attempted commission of arson (Penal Law 35.20(1)).
• A person in possession or control of premises, or one "licensed or privileged to be thereon or therein," may use physical force other than deadly physical force when he or she reasonably believes it necessary to prevent or terminate a criminal trespass. Deadly physical force is available under this subdivision only for arson as prescribed in subdivision one, or in the course of a burglary or attempted burglary as prescribed in subdivision three (Penal Law 35.20(2)). Criminal trespass alone does not authorize deadly physical force.
• A person in possession or control of, or licensed or privileged to be in, "a dwelling or an occupied building," who reasonably believes another person is committing or attempting to commit a burglary of that dwelling or building, may use deadly physical force upon that person "when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary" (Penal Law 35.20(3)). The reasonable belief that the conduct is a burglary and the reasonable belief that deadly force is necessary are separate requirements, and both must be present.

Penal Law 35.20(4)(a) gives "premises," "building" and "dwelling" the meanings prescribed in Penal Law 140.00. Penal Law 35.20(4)(b) adds that persons "licensed or privileged" to be in buildings or on premises include, but are not limited to, police officers and peace officers acting in the performance of their duties, and approved security personnel or employees of nuclear powered electric generating facilities in the state.

Those imported definitions are broader than everyday usage. Penal Law 140.00(2) defines "building," in addition to its ordinary meaning, to include "any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein," an elementary or secondary school, an inclosed motor truck, or an inclosed motor truck trailer. It also provides that where a building consists of two or more units separately secured or occupied, each unit is both a separate building and part of the main building. Penal Law 140.00(3) then defines "dwelling" as "a building which is usually occupied by a person lodging therein at night." So for Penal Law 35.20 purposes a camper, motor home, or boat used for overnight lodging can be a building, and one usually occupied by a person lodging in it at night can meet the dwelling definition. Because Penal Law 35.20(4) is written "As used in this section," those definitions do not carry over to the retreat exception in Penal Law 35.15(2)(a)(i). Treat the two questions separately.

Penal Law 35.10(6) adds that whenever a person is authorized by a provision of Article 35 to use deadly physical force in a given circumstance, "nothing contained in any other such provision may be deemed to negate or qualify such authorization." That rule keeps one provision from cancelling another. It does not create authorization on its own, so the elements of Penal Law 35.20(3) still have to be satisfied before it does any work.

No Stand Your Ground Law

New York has not enacted a Stand Your Ground law. Unlike states that remove the duty to retreat anywhere a person has a legal right to be, New York keeps the retreat requirement in Penal Law 35.15(2)(a) everywhere outside the dwelling, subject only to the officer exception in Penal Law 35.15(2)(a)(ii) and to the separate deadly-force justifications in Penal Law 35.15(2)(b) and (2)(c), which are not retreat exceptions but different routes to justification with their own elements.

On a public street, in a store, in a workplace, or in a business the person does not occupy as a dwelling, a defender relying on paragraph (2)(a), the general deadly-force route, who knows a retreat can be made with complete personal safety to himself or herself and others must retreat before using deadly physical force.

Paragraphs (2)(b) and (2)(c) work differently, and the difference matters most in exactly the situation people ask about. In People v. Goetz the Court of Appeals said that "the portion of section 35.15 (2) (b) pertaining to the use of deadly physical force to avert a felony such as robbery does not contain a separate 'retreat' requirement." So a person who reasonably believes another is committing or attempting one of the felonies listed in (2)(b), which include robbery, kidnapping and the forcible sexual offenses, is not under the paragraph (2)(a) duty to retreat.

That is not permission to stand your ground in public. Goetz went on to hold that "the general 'necessity' requirement in subdivision (1) applies to all uses of force under section 35.15, including the use of deadly physical force under subdivision (2) (b)," so the force must still be what the actor reasonably believes necessary to avert the threat, and the subdivision one bars on provocation, initial aggression and combat by agreement still apply. Whether (2)(b) or (2)(c) reaches a particular set of facts is a question for a New York attorney and, in the end, for the court.

A vehicle needs one qualification, because the boundary is not quite where people assume. Penal Law 140.00(2) does include a "vehicle or watercraft used for overnight lodging of persons" within the term "building," and Penal Law 140.00(3) defines a dwelling as a building "usually occupied by a person lodging therein at night." Those are the definitions Penal Law 35.20(4) imports for defense of premises, and they can reach a camper or a live-aboard boat. A car driven to work and parked is not being used for overnight lodging, and Penal Law 35.20(4) does not carry those definitions into the retreat exception at Penal Law 35.15(2)(a)(i) in any case. Assume the retreat duty applies in your vehicle, and take anything unusual about how a vehicle is used to a New York attorney rather than deciding it in the moment.

Key Statutory References

Key Case Law

The statutory text above is what controls. The Court of Appeals has then decided how far a defendant's dwelling reaches on the facts of particular cases. These decisions are fact-specific, and their current force should be confirmed with a New York attorney before anyone relies on them.

Practical Implications for Permit Holders

• Outside your dwelling, Penal Law 35.15(2)(a) requires you to retreat before using deadly physical force if you know you can do so with complete personal safety to yourself and others. Treat public streets, stores, workplaces, and your vehicle as places where that duty applies.
• Inside your dwelling, if you are not the initial aggressor, Penal Law 35.15(2)(a)(i) removes the duty to retreat. It removes nothing else. You must still reasonably believe the other person is using or about to use deadly physical force, and under Penal Law 35.15(1) you must still reasonably believe the force you use is necessary.
• If you provoked the encounter with intent to cause physical injury, were the initial aggressor without withdrawing and communicating that withdrawal, or entered a combat by agreement, Penal Law 35.15(1) puts you outside the justification, and Penal Law 35.15(2) applies only "under circumstances specified in subdivision one."
• Do not assume hallways, stairwells, lobbies, thresholds, porches, yards, or driveways are part of your dwelling. Under People v Hernandez the question turns on exclusive possession and control of the area, and the lobby and common stairwell in that case were not part of the defendant's dwelling.
• Penal Law 35.20(3) allows deadly physical force against a burglary of a dwelling or an occupied building only where you are in possession or control of it, or licensed or privileged to be in it, and you reasonably believe both that a burglary is being committed or attempted and that deadly force is necessary to prevent or terminate it. The definitions for that provision come from Penal Law 140.00.
• Criminal trespass by itself does not authorize deadly physical force. Penal Law 35.20(2) allows only force other than deadly physical force against a trespass, with deadly force reserved for arson under subdivision one and burglary under subdivision three.
• The dwelling exception is not lost because the attacker lives there. In People v Jones, 3 NY3d 491 (2004), the Court of Appeals affirmed "the castle doctrine in its application to occupants of the same household." Every other element of Penal Law 35.15(2)(a) still applies, including that you were not the initial aggressor.
• Property crimes are not a deadly-force trigger. Penal Law 35.25 allows only physical force other than deadly physical force to prevent or terminate a larceny or criminal mischief to property other than premises.
• Penal Law 35.27 prohibits using physical force to resist an arrest by someone who reasonably appears to be a police officer or peace officer, whether the arrest is authorized or not.
• Self-defense justification is decided independently from whether your possession or carry of the firearm was lawful. Carrying without a valid Penal Law 400.00 license, or in a prohibited location, can still be charged even where the use of force is found justified.
• All uses of force, including inside the home, must be reasonable under the circumstances. This section states the legal framework only. Consult a qualified New York attorney about any specific situation.

Duty to Inform Law Enforcement in New York

What New York puts on a licensee at a police encounter is a duty to produce, not a duty to announce. Penal Law 400.00(8) is the provision that sets what a licensee owes an officer, and its exhibition duty is conditioned on the officer asking: "Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties, or police officer." The same subdivision separately requires you to have the license on your person while you carry. Nothing in that subdivision directs a licensee to announce the handgun before an officer demands the license, so the working rule is to carry your license and present it when an officer demands it.

This distinction matters because New York is a licensed-carry state, not a permitless or constitutional-carry state. A license issued under Penal Law 400.00 is what makes handgun possession lawful: Penal Law 265.20(a)(3) exempts "Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter." The exemption runs to the licensed person, not to the card in your pocket, and the license carries specific carry-and-exhibit obligations of its own.

What the Statute Requires

The controlling provision is Penal Law 400.00(8), titled "License: exhibition and display." It sets out three carry obligations and one demand obligation:

• Every licensee, while carrying a pistol or revolver, must have the license to carry on his or her person.
• Every person licensed to possess a pistol or revolver on particular premises must have the license for that weapon on those premises.
• Every person licensed to purchase or take possession of a semiautomatic rifle must have the license on his or her person while purchasing or taking possession.
• Upon demand, the license must be exhibited for inspection to any peace officer who is acting pursuant to his or her special duties, or to any police officer.

The exhibition obligation is triggered by the officer's demand, not by the encounter itself, and the subdivision sets no separate step of initiating disclosure of the firearm. The on-person requirement is not optional: Penal Law 400.00(15) supplies the penalty for the section as a whole, providing that "Any violation by any person of any provision of this section is a class A misdemeanor."

Consequence of Failing to Produce the License

Penal Law 400.00(8) states that failure of a licensee to exhibit or display the license, as the case may be, is "presumptive evidence that he or she is not duly licensed." In plain terms, if you are carrying a handgun and cannot produce your license when an officer demands it, the law lets the officer and the courts presume you are not licensed at all. That presumption can expose you to a criminal weapons charge that you would then have to rebut.

Carrying a handgun without a valid license is a serious offense in New York. Criminal possession of a firearm under Penal Law 265.01-b is a class E felony, and possession of a loaded firearm outside the home or place of business can rise to criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony. If you do hold a license, Penal Law 400.00(17) caps that exposure: the Article 265 provisions "relating to illegal possession of a firearm, shall not apply to an offense which also constitutes a violation of this section by a person holding an otherwise valid license under the provisions of this section and such offense shall only be punishable as a class A misdemeanor pursuant to this section." That cap depends on establishing the license you could not show. Always carrying your physical license while you carry your handgun is the simplest way to avoid converting a routine stop into a possession charge.

How This Plays Out in Practice

1. Keep your license on your person whenever you carry a handgun. The on-person requirement in Penal Law 400.00(8) is independent of any police encounter, so failing to carry the license is itself a violation of section 400.00 even if you are never stopped, and Penal Law 400.00(15) grades any such violation as a class A misdemeanor.
2. The statute puts the first word on the officer, not on you. The exhibition duty in Penal Law 400.00(8) runs "Upon demand," and the subdivision does not add a step of announcing the handgun before that demand.
3. When an officer demands the license, you must exhibit it for inspection. Refusing or being unable to produce it triggers the statutory presumption that you are not duly licensed.
4. New York teaches this encounter in its own mandatory curriculum. The Division of Criminal Justice Services and State Police minimum standards for the 16-hour classroom course require instruction in "Best practices when encountering law enforcement (e.g., a traffic stop), including how to communicate throughout the encounter, considerations for disclosing concealed carry status and displaying a valid firearm license, obeying all commands given by the officer(s), and best practices for handling a firearm and self-identification as a lawful concealed carry licensee if the firearm is visible when an officer responds to an incident." Disclosure appears there as a consideration and a best practice, not as a statutory command.

New York City Note

A New York State pistol license "shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city," under Penal Law 400.00(6). New York City administers its own handgun licensing under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York, and the City rules add their own carry-the-license condition. Under 38 RCNY 5-22, "The licensee shall be in possession of their license at all times while carrying, transporting, possessing at residence, business, or authorized small arms range/shooting club, the handgun(s) indicated on said license." Under 38 RCNY 5-01, the holder of a Special License "shall carry their County Carry License and their Special License at all times when possessing a handgun pursuant to such Special License." The Penal Law 400.00(8) exhibit-on-demand duty applies in the five boroughs as elsewhere, and you should confirm your license is valid for the City before carrying there.

Bottom Line

New York's rule at a stop is a duty to produce, not a duty to announce. Penal Law 400.00(8) requires you to carry your license and to exhibit it upon an officer's demand, and Penal Law 400.00(15) makes any violation of section 400.00 a class A misdemeanor. Treat the physical license as something that must always travel with the handgun, and produce it without hesitation when an officer demands it, because failure to do so is presumptive evidence that you are not licensed.

Statutory References

• Penal Law 400.00(8) - License: exhibition and display (on-person requirement; exhibit upon demand to peace or police officer; failure is presumptive evidence of not being duly licensed)
• Penal Law 400.00(6) - License validity; New York State licenses not valid within New York City absent a special NYPD permit
• Penal Law 400.00(15) - any violation of section 400.00 is a class A misdemeanor
• Penal Law 400.00(17) - for a person holding an otherwise valid license, an offense that also violates section 400.00 is punishable only as a class A misdemeanor
• Penal Law 265.20(a)(3) - exemption for possession by a person to whom a license has been issued under section 400.00
• Penal Law 265.01-b - Criminal possession of a firearm (class E felony)
• Penal Law 265.03 - Criminal possession of a weapon in the second degree (class C felony)
• NYC Administrative Code 10-131 and Title 38, Rules of the City of New York (38 RCNY 5-01, 5-22) - separate New York City handgun licensing and its carry-the-license conditions
• DCJS and New York State Police Minimum Standards for Concealed Carry Firearm Safety Training, classroom topic 7 (law enforcement encounters)

Rules differ between New York City and the rest of the state and change through legislation and litigation. Confirm current requirements with your county or city licensing officer, the New York State Police, or the NYPD License Division.

Firearms, Alcohol, and Drugs in New York

Overview

New York's handgun offenses are built around who may possess a firearm and where. Penal Law 400.00 governs the license required to possess a handgun. The Concealed Carry Improvement Act (CCIA, L. 2022, ch. 371, effective September 1, 2022) added the sensitive-location offense in Penal Law 265.01-e and the restricted-location offense in Penal Law 265.01-d. Each of those statutes is written in terms of a place, a license, or a status, and none of them sets a blood alcohol concentration or a general impairment test as an element.

Alcohol and drugs intersect with New York firearm law in five concrete ways: (1) bars and other establishments licensed to serve alcohol on the premises are "sensitive locations" where carry is a felony whether or not you drink; (2) a license to carry can be denied or revoked on character and substance grounds, and a recent drunk-driving conviction is a specific disqualifier; (3) an impaired-driving stop that turns up an unlicensed or unlawfully carried handgun produces weapons felonies that stand on their own, on top of the Vehicle and Traffic Law charge; (4) federal law independently bars unlawful drug users from possessing firearms; and (5) a municipal code can reach conduct the Penal Law does not, so local rules have to be checked separately. Each of these is addressed below with the controlling statute.

New York is a licensed-carry state, not a permitless or constitutional-carry state. Possessing a handgun without a Penal Law 400.00 license is itself a crime, before alcohol or drugs enter the picture.

Where Intoxication Fits in the Penal Law

Penal Law 265.01-e(1) makes a person guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when the person "possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location." The elements are the place and the person's knowledge of it. Subdivision 2 lists twenty categories of sensitive location, paragraphs (a) through (t), and the one that turns on alcohol is paragraph (o), which is written in terms of the establishment's liquor license rather than the carrier's condition. The Second Circuit read the provision the same way, describing it as one that "operates by prohibiting firearms in liquor-serving establishments." Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024).

The exposure in New York therefore runs through three channels: the place you are in, whether you still qualify to hold a Penal Law 400.00 license, and any other offense the encounter turns up. The licensing channel is the one people underestimate. Penal Law 400.00(1)(b) conditions a license on "good moral character," defined for this article as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." The licensing officer applies that standard on application and renewal, and Penal Law 400.00(11)(a) reaches a licensee who "at any time becom[es] ineligible to obtain a license, including engaging in conduct that would have resulted in the denial of a license."

Alcohol-Serving Establishments Are Sensitive Locations

The CCIA's sensitive-location list reaches places where alcohol is served. Under Penal Law 265.01-e(2)(o), a sensitive location includes "any establishment holding an active license for on-premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law where alcohol is consumed and any establishment licensed under article four of the cannabis law for on-premise consumption."

The practical effect:

• Carrying a firearm into a bar, tavern, nightclub, or a restaurant that holds an on-premises liquor license violates 265.01-e even if you are sober and never order a drink. The offense attaches to the licensed establishment, not to your condition.
• Penal Law 265.01-e(2)(p) separately covers "any place used for the performance, art entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities as licensed by the gaming commission." A venue can fall inside paragraph (p) whether or not it also holds a liquor license.
• A carry license is not a defense to either paragraph. Penal Law 265.01-e(3) sets out the exempt categories, which cover law enforcement, peace officers, registered armed security guards at their place of employment, active-duty military and several others. An ordinary licensee is not among them.

Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony. Revocation follows the conviction. Penal Law 400.00(11)(a) provides that "the conviction of a licensee anywhere of a felony or serious offense" operates as or is grounds for revocation, and Penal Law 400.00(18)(a) requires the licensing officer to tell every new licensee in writing "that a conviction under sections 265.01-d and 265.01-e of this chapter are felonies for which licensure will be revoked."

Note on litigation: the sensitive-location scheme is in force. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), decided on remand October 24, 2024, the Second Circuit vacated the preliminary injunctions against these provisions, and the Supreme Court denied certiorari on April 7, 2025 (No. 24-795). On the alcohol provision the court wrote: "For the aforementioned reasons we VACATE the district court's preliminary injunction enjoining enforcement of section 265.01-e(2)(o)." Christian v. James, 176 F.4th 189 (2d Cir., decided May 18, 2026), separately affirmed judgment for the State on the public-parks category. The place-of-worship provision, Penal Law 265.01-e(2)(c), is also in force. The Second Circuit vacated the preliminary injunction against it in the same opinion, and the only exception on the face of the statute is "for those persons responsible for security at such place of worship," the carve-out the Legislature added in 2023. Carrying in a place of worship outside that exception is a class E felony. One preliminary injunction from the Spencer case was left intact, and it runs only to the parties in that case.

Private Property (Restricted Locations): On the Books, Enjoined in Part

Separately from sensitive locations, Penal Law 265.01-d(1) makes it criminal possession of a weapon in a restricted location to possess a firearm, rifle or shotgun and enter or remain on private property "where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." The offense is a class E felony. By its terms the subdivision reaches private property generally.

The statute has not been repealed. Part of it is under a federal injunction. On October 10, 2024 the U.S. District Court for the Western District of New York ordered that defendants and those acting with them "are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it." Christian v. James, No. 22-cv-00695 (W.D.N.Y. Oct. 10, 2024). The Second Circuit affirmed that injunction on May 18, 2026. Christian v. James, 176 F.4th 189. The New York State Police state the same thing in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." The Supreme Court reached the same conclusion about a Hawaii statute in Wolford v. Lopez, No. 24-1046 (decided June 25, 2026); that decision confirms the reasoning but does not itself decide anything about the New York section. Where the injunction reaches, the default flips: for a licensee on property open to the public, permission is presumed until the owner withdraws it, and a posted or stated prohibition must be honored.

Two caveats matter in the alcohol context. First, the injunction is limited to property open to the public. An invitation-only setting where alcohol is served, such as a house party or a private catered event, is not property held open to the public, and 265.01-d applies there on its own terms, so get the host's express permission. Second, nothing in Christian or Wolford touches Penal Law 265.01-e(2)(o). An establishment holding an on-premises liquor license is a sensitive location where carry is a class E felony regardless of what the owner allows.

License Eligibility, Character, and Substance Abuse

A carry license under Penal Law 400.00 can be denied or revoked on grounds tied to alcohol and drugs:

• Good moral character. Penal Law 400.00(1)(b) permits a license only for an applicant "of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." Conduct involving alcohol or drugs bears directly on that finding.
• Controlled-substance users. Penal Law 400.00(1) permits a license only for an applicant "(e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802." An unlawful drug user is statutorily ineligible, and the same fact reaches an existing licensee through the ineligibility clause of Penal Law 400.00(11)(a).
• Recent drunk-driving conviction. For a concealed carry license issued under Penal Law 400.00(2)(f), Penal Law 400.00(1)(n) bars issuance where the applicant "has not been convicted within five years of the date of the application" of, among other offenses, "(ii) misdemeanor driving while intoxicated, as defined in section eleven hundred ninety-two of the vehicle and traffic law." The same five-year bar covers third-degree assault and menacing.
• In-person interview and references. Penal Law 400.00(1)(o) requires the applicant to "meet in person with the licensing officer for an interview" and to submit the names and contact information of a spouse, domestic partner and other adults in the home, at least four character references, and certification of the training required by Penal Law 400.00(19). Clause (iv) of the same paragraph also calls for a list of former and current social media accounts from the past three years. That clause has not been repealed. It came off the form: in a stipulation of partial settlement so ordered by the district court on March 30, 2026 in Antonyuk v. Hochul (N.D.N.Y.), the State consented to an injunction against enforcing it and the Superintendent agreed to "ensure that the PPB-3 license application form does not include language requiring social media information." The current PPB-3 does not ask for social media accounts.
• Training. Penal Law 400.00(19) requires "a minimum of sixteen hours of in-person live curriculum" plus "a minimum of two hours of a live-fire range training course," with a score of "a minimum of eighty percent correct answers on a written test." The mandated curriculum expressly includes "use of deadly force" and "the statutorily defined sensitive places in subdivision two of section 265.01-e of this chapter and the restrictions on possession on restricted places under section 265.01-d of this chapter."
• Revocation. Penal Law 400.00(11)(a) provides that "the conviction of a licensee anywhere of a felony or serious offense or a licensee at any time becoming ineligible to obtain a license, including engaging in conduct that would have resulted in the denial of a license, under this section shall operate as or be grounds for, a revocation of the license." An alcohol- or drug-related firearms incident can therefore cost an existing license, not only a future application.

Penal Law 400.00(15) adds that "any violation by any person of any provision of this section is a class A misdemeanor."

Compounding Weapons Charges During a DWI Stop

The firearms exposure during an impaired-driving stop comes from New York's possession offenses, which stand on their own and can stack on top of the Vehicle and Traffic Law charge:

• Criminal possession of a firearm, Penal Law 265.01-b(1), a class E felony, reaches a person who "possesses any firearm."
• Criminal possession of a weapon in the third degree, Penal Law 265.02, a class D felony, reaches possession of three or more firearms under subdivision (5)(i), an assault weapon under subdivision (7), a large capacity ammunition feeding device under subdivision (8), a defaced firearm under subdivision (3), and repeat possession after a prior conviction under subdivision (1).
• Criminal possession of a weapon in the second degree, Penal Law 265.03(3), a class C felony, reaches possession of "any loaded firearm." That subdivision does not apply where possession takes place in the person's home or place of business, "except as provided in subdivision one or seven of section 265.02."

A driver stopped for drunk driving who is found with an unlicensed or unlawfully carried loaded handgun can face a class C or class D weapons felony independent of, and in addition to, the Vehicle and Traffic Law charge.

Federal Drug-User Prohibition

Independent of state law, 18 U.S.C. 922(g)(3) makes it unlawful for any person "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))" to possess a firearm or ammunition. This is a status-based federal bar, distinct from momentary intoxication, and it applies regardless of state marijuana legalization. It mirrors the state ineligibility ground in Penal Law 400.00(1)(e).

Local Rules: New York City and Municipal Codes

• New York City runs a separate handgun licensing regime under New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York, administered by the NYPD License Division. Penal Law 400.00(6) provides that a license to carry or possess "shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city," subject to narrow transport exceptions in the same subdivision. Treat New York City as its own jurisdiction.
• A municipal code can reach conduct the Penal Law does not, including carrying while intoxicated. New York's own summary of the amendments to the SAFE Act describes one of them as "[e]nsuring that local safe storage laws are not preempted by the SAFE Act," which shows that local firearm rules can operate alongside the Penal Law. Check the code of the city or county where you carry, and confirm it with that municipality.

Vehicle and Traffic Law: Impaired Driving

If alcohol or drugs surface during a traffic stop, the underlying impaired-driving charge stands on its own under Vehicle and Traffic Law 1192. The section sets out the categories by subdivision:

Vehicle and Traffic Law 1192(7) applies these rules on public highways, on "private roads open to motor vehicle traffic" and in parking lots, with an exception for property on which a one or two family residence sits. Under 1192(8), a prior out-of-state conviction counts as a prior conviction of this section for penalty purposes where the conduct would have been a misdemeanor or felony here.

Penalties are set by Vehicle and Traffic Law 1193, and chemical testing and the consequences of refusing a test are governed by Vehicle and Traffic Law 1194. Fine ranges, jail exposure, revocation periods, and the escalation to a felony for repeat offenses turn on the specific charge and the driver's record. Confirm the current schedule with the New York State Department of Motor Vehicles before relying on any figure.

For the firearms side, the number that matters is five years rather than a fine. A misdemeanor conviction under Vehicle and Traffic Law 1192 blocks a concealed carry license for five years from the date of the application under Penal Law 400.00(1)(n)(ii), and for a person who already holds a license the same conduct runs into the ineligibility and good-moral-character clauses of Penal Law 400.00(11)(a) and 400.00(1)(b).

Self-Defense, Intoxication, and the Duty to Retreat

New York imposes a duty to retreat before using deadly physical force in public. Under Penal Law 35.15(2)(a), even where the actor reasonably believes another person is using or about to use deadly physical force, "the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating." The subdivision excepts an actor who is "in his or her dwelling and not the initial aggressor" and an officer or a person assisting one under Penal Law 35.30. Outside those exceptions the duty to retreat applies. Penal Law 35.20(3) separately allows a person in possession or control of, or licensed or privileged to be in, "a dwelling or an occupied building" to use deadly physical force against someone he or she reasonably believes is committing or attempting a burglary of it.

Both halves of the justification test are written objectively: what the actor "reasonably believes" and what the actor "knows" about the chance to retreat safely. Neither is written to account for the actor's own impairment. A defensive use of force by someone who has been drinking will be tested on both elements.

Other Overlays: SAFE Act Hardware Limits

Two SAFE Act overlays can convert an otherwise minor possession case into a more serious felony and are worth knowing alongside the alcohol rules:

• Assault weapons. Penal Law 265.00(22) defines "assault weapon," and possession of one is criminal possession of a weapon in the third degree, a class D felony, under Penal Law 265.02(7).
• Magazine capacity. Penal Law 265.00(23) defines a "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip or similar device "that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition," subject to the exclusions stated in that subdivision. Possession of such a device is a class D felony under Penal Law 265.02(8).
• Rounds loaded. Penal Law 265.37 is a separate offense: knowingly possessing "an ammunition feeding device where such device contains more than seven rounds of ammunition." In the possessor's home a first offense is a violation with a $200 fine and each later offense is a class B misdemeanor; anywhere else a first offense is a class B misdemeanor and each later offense is a class A misdemeanor. New York's summary of the SAFE Act amendments describes one of them as "[s]uspending the requirement that only magazines that can contain 7 rounds or less can be purchased," and states that magazines holding up to ten rounds may be purchased. That change addresses purchasing. The load limit was held unconstitutional in New York State Rifle and Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), where the Second Circuit concluded that "New York's seven-round load limit does not survive intermediate scrutiny." Section 265.37 was not repealed, and that holding rested on intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history. Confirm the current status of the possession offense with the New York State Police at gunsafety.ny.gov.

Federal Aircraft Rule

Carrying a firearm into the secured area of an airport or onto a commercial aircraft is governed by 49 U.S.C. 46505, not by the general federal firearms statute. Under subsection (b), an individual "shall be fined under title 18, imprisoned for not more than 10 years, or both" for having a concealed dangerous weapon accessible in flight or placing a loaded firearm on an aircraft, with higher penalties under subsection (c) where the act is done willfully and with reckless disregard for human life. This is a federal charge that exists on top of any New York offense.

Practical Guidance for License Holders

• Do not bring a handgun into any establishment that holds an on-premises liquor license. Penal Law 265.01-e(2)(o) makes that a class E felony whether or not you drink.
• On private property open to the public, the restricted-location statute is enjoined and the State Police say they are not enforcing it, so a licensee may carry unless the owner prohibits it by conspicuous signage or actual notice (Christian v. James, W.D.N.Y. Oct. 10, 2024, affirmed 176 F.4th 189 (2d Cir. 2026)). The statute itself is still on the books and still applies to private property that is not held open to the public, so at invitation-only gatherings such as house parties get the host's express permission. Always honor a posted or stated prohibition. If the venue holds an on-premises liquor license, the sensitive-location felony applies no matter what the owner allows.
• Do not carry in a place of worship. Penal Law 265.01-e(2)(c) is in force, and its only exception on the face of the statute is for persons responsible for security at that place of worship.
• Secure the firearm before you drink. A DWI arrest can lead to weapons felonies under Penal Law 265.01-b, 265.02 or 265.03, plus revocation under Penal Law 400.00(11)(a).
• A drunk-driving conviction can block a future carry license. Penal Law 400.00(1)(n)(ii) disqualifies applicants convicted of misdemeanor DWI within five years of the date of the application.
• Drug use is a separate disqualifier. Both Penal Law 400.00(1)(e) and 18 U.S.C. 922(g)(3) bar firearm possession by unlawful drug users.
• Check local law. New York City has its own licensing regime under Penal Law 400.00(6) and New York City Administrative Code 10-131, and a municipal code elsewhere may add rules the Penal Law does not contain.
• Remember the duty to retreat. Outside the dwelling and officer exceptions, Penal Law 35.15(2)(a) requires retreat where it can be done with complete personal safety before deadly physical force, and the test does not bend for impairment.

Key Statutes

This section states New York law as of August 25, 2026. Litigation over the CCIA continues: in Christian the district court lifted its stay on August 17, 2026 and directed the parties to propose a schedule by August 27, 2026 to resolve the remaining issue, and the sensitive-location provisions stay in force while that is pending. Confirm current status with the New York State Police at gunsafety.ny.gov or with your county or city licensing officer, and consult qualified counsel for specific situations.

New York Weapon Restrictions for Concealed Carry

New York is a licensed-carry state, not a permitless or constitutional-carry state. A license issued under Penal Law § 400.00 is required to possess or carry a handgun, and a separate concealed carry license is required to carry outside the home or business. Even with a valid license, where and how you may carry is sharply limited by statute. After the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022), New York enacted the Concealed Carry Improvement Act (CCIA), effective September 1, 2022, which removed the old "proper cause" standard but added sensitive-location and restricted-location crimes, enhanced eligibility screening, expanded safe-storage rules, and ammunition background checks. Several CCIA provisions were challenged in Antonyuk v. James (formerly Antonyuk v. Hochul / Antonyuk v. Nigrelli / Antonyuk v. Chiumento). In its October 24, 2024 decision (120 F.4th 941, cert. denied April 7, 2025), the Second Circuit upheld most of the law, including the sensitive-location crime as a general matter, and vacated the preliminary injunction that had barred enforcement of the place-of-worship category. The social-media-disclosure item in Penal Law § 400.00(1)(o)(iv) has not been repealed, but a court-ordered settlement keeps it off the application form. Penal Law § 265.01-d is still on the books and enjoined in part: a federal court permanently enjoined its enforcement as to private property open to the public, and the Second Circuit affirmed that injunction on May 18, 2026 (Christian v. James, 176 F.4th 189). As to private property that is not held open to the public, § 265.01-d still applies on its own terms. Those points are flagged below.

Sensitive Locations - Firearms Prohibited

Under Penal Law § 265.01-e, it is a crime to possess a firearm, rifle, or shotgun in or upon a "sensitive location" when the person knows or reasonably should know the location is a sensitive location. This applies even to a person holding a valid concealed carry license. The offense is a class E felony.

Designated Sensitive Locations

Penal Law § 265.01-e(2) defines sensitive locations to include:

• Any place owned or under the control of federal, state, or local government for the purpose of government administration, including courts
• Any location providing health, behavioral health, or chemical dependence care or services
• Any place of worship under Penal Law § 265.01-e(2)(c), which the statute excepts only for "those persons responsible for security at such place of worship" (this category is in force; see the place-of-worship note below)
• Libraries, public playgrounds, public parks, and zoos (a "public park" does not include privately held land within a public park not dedicated to public use, or the forest preserve as defined in Environmental Conservation Law § 9-0101(6))
• Programs serving children, youth, or young adults licensed, regulated, certified, funded, or approved by the Office of Children and Family Services, legally exempt childcare providers, and childcare programs permitted by the NYC Department of Health and Mental Hygiene
• Nursery schools, preschools, and summer camps (with a limited exception tied to Penal Law § 265.20 subdivisions 7-c, 7-d, and 7-e at summer camps)
• Programs licensed, regulated, certified, operated, or funded by the Office for People with Developmental Disabilities
• Programs licensed, regulated, certified, operated, or funded by the Office of Addiction Services and Supports
• Programs licensed, regulated, certified, operated, or funded by the Office of Mental Health
• Programs licensed, regulated, certified, operated, or funded by the Office of Temporary and Disability Assistance
• Homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, emergency shelters, and residential programs for victims of domestic violence
• Residential settings licensed, certified, regulated, funded, or operated by the Department of Health
• Buildings and grounds of educational institutions, colleges and universities, licensed private career schools, school districts, public schools, charter schools, non-public and private schools, BOCES, special act schools, preschool special education programs, and state-operated or state-supported schools
• Any place, conveyance, or vehicle used for public transportation or transit, including subway cars, train cars, buses, ferries, airports, train stations, subway and rail stations, and bus terminals
• Establishments holding an active license for on-premises consumption of alcohol, and establishments licensed for on-premises cannabis consumption
• Performance, entertainment, gaming, or sporting venues such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concert and exhibit halls, conference centers, banquet halls, gaming facilities, and video lottery terminal facilities
• Polling places
• Any public sidewalk or other public area restricted from general public access for a limited time or special event by permit, heightened law enforcement protection, or governmental restriction, where identified by clear and conspicuous signage
• Any gathering of individuals to collectively express their constitutional rights to protest or assemble
• The area commonly known as Times Square, as determined and identified by the City of New York and marked with clear and conspicuous signage

Place of Worship - In Force

Places of worship are in the statutory list and that category is in force. The statute carves out only "those persons responsible for security at such place of worship" (Penal Law § 265.01-e(2)(c)). In Antonyuk v. James (2d Cir. Oct. 24, 2024, 120 F.4th 941, cert. denied April 7, 2025), the Second Circuit wrote: "we VACATE the district court's preliminary injunction against enforcement of § 265.01-e(2)(c)."

One narrow piece of relief survives, and it does not run to the public. The same opinion records that the court's earlier consolidated opinion "left intact the preliminary injunction issued by the district court in Spencer, which prohibited enforcement of § 265.01-e(2)(c) against plaintiffs in that case," and that nothing in the amended Antonyuk opinion "should be construed as having any effect on the preliminary injunction issued and upheld in Spencer." That order binds the defendants as to the Spencer plaintiffs. It is not a general license to carry in a place of worship.

Treat a place of worship as a class E felony sensitive location unless you are within the security carve-out or one of the Penal Law § 265.01-e(3) exemptions. A place of worship is also private property, and the operator may prohibit firearms through signage or under property law. Confirm current enforcement status on gunsafety.ny.gov before relying on any of this.

Adirondack and Catskill Parks

Penal Law § 265.01-e(2)(d) provides that for purposes of the sensitive-location crime a "public park" does not include "(i) any privately held land within a public park not dedicated to public use or (ii) the forest preserve as defined in subdivision six of section 9-0101 of the environmental conservation law." Land in either of those two categories is not a sensitive location by virtue of sitting inside a park. Specific places within the parks that independently qualify as sensitive or restricted locations, for example libraries or government buildings, remain subject to the law.

Exemptions from the Sensitive-Location Crime

Penal Law § 265.01-e(3) lists who the section does not apply to, including:

• Qualified law enforcement officers authorized to carry under 18 U.S.C. § 926B, and qualified retired law enforcement officers authorized to carry under 18 U.S.C. § 926C
• Police officers as defined in Criminal Procedure Law § 1.20(34), including those who are retired
• Peace officers designated by Criminal Procedure Law § 2.10
• Security guards registered under article 7-A of the General Business Law who hold a special armed registration card, while at their place of employment during work hours
• Active-duty military personnel
• Persons licensed under Penal Law § 400.00(2)(c), (d), or (e) while in the course of their official duties
• Government employees with the express written consent of their supervising agency, for natural resource protection and management
• Persons lawfully taking wildlife under a DEC hunting permit or license, and persons lawfully engaged in hunter education, marksmanship practice or competition, or firearms safety training
• Persons operating a state- or municipality-licensed program out of their residence, in compliance with applicable storage rules
• MTA and NYC Transit Authority revenue control and security employees authorized to carry as part of their employment, while acting in their official duties
• Persons engaged in historical reenactments, educational programming involving historical weapons of warfare, or motion picture or theatrical productions
• Persons responsible for the storage or display of antique firearms, rifles, or shotguns at museums and historic sites, while acting within their official duties
• Persons participating in military ceremonies, funerals, and honor guards
• Persons lawfully learning, practicing, training for, competing in, or traveling for the sport of biathlon

Restricted Locations - Private Property

Penal Law § 265.01-d(1) makes it a crime to possess a firearm, rifle, or shotgun and enter or remain on private property where the person knows or reasonably should know that the owner or lessee "has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." Note that the text reaches private property generally, not only property held open to the public. As written, the statute sets a default of "no carry" unless the owner posted a sign or gave consent. Criminal possession of a weapon in a restricted location is a class E felony.

Litigation status: still on the books, enjoined in part. Section 265.01-d has not been repealed and has not been struck down as a whole. On October 10, 2024, the U.S. District Court for the Western District of New York entered a permanent injunction in Christian v. James ordering that the defendants and those acting with them are "permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. § 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it." The Second Circuit affirmed that injunction on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). New York State Police say the same in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public."

What changed on property open to the public, such as a store, diner, pharmacy, or gas station, is the default. Instead of possession being criminal unless the owner affirmatively permits it, permission is presumed unless the owner withdraws it. About that class of property, and only that class, the Supreme Court reached the same conclusion in a case about a Hawaii law, Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026). The property owner keeps the right to exclude firearms, and a posted or stated prohibition must be honored under property and trespass law. As to private property that is not held open to the public, § 265.01-d still applies on its own terms, and no court has held otherwise. The sensitive-location statute in Penal Law § 265.01-e is a separate layer and is untouched by this injunction, so a bar, a theater, a stadium, a hospital, a place of worship, a transit station and Times Square all remain class E felony locations.

Exemptions from the Restricted-Location Crime

Penal Law § 265.01-d(2) does not apply to:

• Police officers as defined in Criminal Procedure Law § 1.20
• Peace officers as defined in Criminal Procedure Law § 2.10
• Qualified law enforcement officers authorized to carry under 18 U.S.C. § 926B, and qualified retired law enforcement officers authorized to carry under 18 U.S.C. § 926C
• Security guards registered under article 7-A of the General Business Law who hold a special armed registration card, while at their place of employment during work hours
• Active-duty military personnel
• Persons licensed under Penal Law § 400.00(2)(c), (d), or (e) while in the course of their official duties
• Persons lawfully taking wildlife under a DEC hunting permit or license, or as otherwise authorized under Environmental Conservation Law §§ 11-0707 and 11-0709
• MTA and NYC Transit Authority revenue control and security employees authorized to carry as part of their employment, while acting in their official duties

The restricted-location exemption list is narrower than the sensitive-location list. Exemptions for biathlon, historical reenactments, museum and historic-site workers, military ceremony participants, government employees on natural-resource duty, retired police officers as a separate category, and home-program operators appear only in the sensitive-location statute, not the restricted-location statute.

Possession and Carry Crimes (License Required)

Carrying or possessing a handgun without the required license is a crime:

• Criminal possession of a firearm (Penal Law § 265.01-b) - possessing any firearm, or failing to register a pre-2013 grandfathered firearm. Class E felony.
• Criminal possession of a weapon in the fourth degree (Penal Law § 265.01) - the lowest-level weapon possession offense (covers various weapons and possession by a person convicted of a felony or serious offense, among other conduct). Class A misdemeanor.
• Criminal possession of a weapon in the third degree (Penal Law § 265.02) - includes possessing an assault weapon, a large capacity ammunition feeding device, a defaced firearm, or a firearm after a prior conviction. Class D felony.
• Criminal possession of a weapon in the second degree (Penal Law § 265.03) - includes possessing any loaded firearm outside the home or place of business. Class C felony.

Exemptions from the weapons-possession offenses, including the exemption for a person carrying a handgun under a valid Penal Law § 400.00 license, are listed in Penal Law § 265.20.

Assault Weapon Restrictions

New York's SAFE Act prohibits the manufacture, transport, disposition, and possession of assault weapons. "Assault weapon" is defined by military-style design features in Penal Law § 265.00(22). In general:

• A semiautomatic rifle that can accept a detachable magazine and has at least one listed feature (folding or telescoping stock, conspicuous pistol grip, thumbhole stock, second handgrip, bayonet mount, flash suppressor or threaded barrel, or grenade launcher) is an assault weapon
• A semiautomatic shotgun with at least one listed feature is an assault weapon
• A semiautomatic pistol that can accept a detachable magazine and has at least one listed feature is an assault weapon
• Revolving cylinder shotguns are assault weapons
• A firearm that is manually operated by bolt, pump, lever, or slide action cannot be an assault weapon (Penal Law § 265.00(22)(g)(i)), and certain antique and 50-year-old firearms are excluded

Possessing an assault weapon is criminal possession of a weapon in the third degree, a class D felony (Penal Law § 265.02(7)).

Registration of Grandfathered Assault Weapons

• Penal Law § 400.00(16-a)(a) gave an owner of a weapon covered by Penal Law § 265.00(22)(e) or (f), possessed before the 2013 chapter that added the paragraph took effect, one year from the effective date of that subdivision to register it with the Superintendent of State Police or to amend an existing license. That window has closed.
• One narrow registration path stays open on its own terms: a firearm, rifle or shotgun manufactured at least fifty years before the current date and covered by Penal Law § 265.00(22)(g)(vi), if transferred into New York, "may be registered at any time, provided such weapons are registered within thirty days of their transfer into the state."
• Owners of validly registered, grandfathered assault weapons "shall recertify to the division of state police every five years thereafter. Failure to recertify shall result in a revocation of such registration."
• An assault weapon acquired after the registration window closed that was never validly registered is not covered by the § 265.00(22)(g)(v) carve-out for a "weapon validly registered pursuant to subdivision sixteen-a of section 400.00," so possessing it is criminal possession of a weapon in the third degree, a class D felony (Penal Law § 265.02(7)).

Magazine Capacity Restrictions

• A "large capacity ammunition feeding device" is a magazine, belt, drum, feed strip, or similar device that holds, or can be readily restored or converted to accept, more than 10 rounds (Penal Law § 265.00(23)). A tubular .22 rimfire device and certain registered curios or relics are excluded.
• Possessing a large capacity ammunition feeding device is criminal possession of a weapon in the third degree, a class D felony (Penal Law § 265.02(8)).
• New York has a separate seven-round load limit that is still in the statute books. Penal Law § 265.37 makes it "unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition." Inside the possessor's home a first offense is a violation with a $200 fine and each later offense is a class B misdemeanor with a $200 fine and up to three months. Anywhere else a first offense is a class B misdemeanor with a $200 fine and up to six months, and each later offense is a class A misdemeanor.
• The Second Circuit held that seven-round load limit unconstitutional in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015). It concluded that "New York's seven-round load limit does not survive intermediate scrutiny in the absence of requisite record evidence and a substantial relationship between the statutory provision and important state safety interests," and affirmed the judgment of the Western District of New York "insofar as it held this provision unconstitutional." Section 265.37 was not repealed, and it keeps its own graded offense in the Penal Law.
• That 2015 holding rested on intermediate scrutiny, the means-end framework the Supreme Court replaced in New York State Rifle & Pistol Association v. Bruen (2022) with a test rooted in the Second Amendment's text as informed by history. Because the analysis the Second Circuit used is no longer the governing one, confirm the current enforcement position on gunsafety.ny.gov or with a New York attorney rather than assuming the load limit is dead.
• The State's own gun safety site describes the SAFE Act amendments as "[s]uspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds." That statement is about what may be purchased. Section 265.37 has not been repealed, so confirm the current enforcement position on gunsafety.ny.gov or with a New York attorney before loading a magazine above seven rounds.
• Under Department of Environmental Conservation hunting regulations, a semi-automatic firearm used to hunt may generally not hold more than a limited number of rounds; check the current DEC hunting rules for the specific load limit and exceptions.

Prohibited Ammunition and Accessories

• Explosive bullets - knowingly possessing a bullet containing an explosive substance designed to detonate upon impact is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(7)), a class A misdemeanor
• Armor-piercing ammunition - possessing armor-piercing ammunition with intent to use it unlawfully against another is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(8)); armor-piercing ammunition is defined in Penal Law § 265.00(18)
• Rapid-fire modification devices - knowingly possessing any bump stock, trigger crank, binary or burst trigger system, pistol converter, or any other device "designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun" (Penal Law § 265.00(26)) is criminal possession of a rapid-fire modification device (Penal Law § 265.01-c), a class A misdemeanor
• Pistol converters and convertible pistols - effective August 25, 2026, Penal Law § 265.00(36) narrows "pistol converter" to a device that, "when installed in or attached to the rear of the slide of a semi-automatic pistol, replaces the backplate and interferes with the trigger mechanism." The same amendment adds Penal Law § 265.00(37), "convertible pistol," meaning a semi-automatic pistol with a cruciform trigger bar that can be readily altered by hand or with common household tools so it can be converted into a machine-gun by installing a pistol converter, and it folds "any convertible pistol that is equipped with a pistol converter" into the definition of "machine-gun" in Penal Law § 265.00(1). Possessing a machine-gun is reached by Penal Law § 265.02(2), a class D felony. Beginning May 31, 2027, a dealer in firearms or gunsmith who sells, transfers, disposes of, or transports or ships as merchandise a convertible pistol is guilty of a class D felony (Penal Law § 265.10(10))
• Ammunition transfers - under Penal Law § 400.03(3), a licensed dealer in firearms or a registered seller of ammunition may not transfer ammunition to a person who is not a dealer or seller unless the transferor first contacts the statewide license and record database, receives a unique identification number, and verifies the transferee's identity from a valid state identification document

Ghost Guns and Unfinished Frames or Receivers

• Ghost guns - an unserialized firearm, rifle, or shotgun that does not comply with Penal Law § 265.07 is a "ghost gun" (Penal Law § 265.00(32)). Knowingly possessing a ghost gun while not a licensed gunsmith or dealer is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(9)), a class A misdemeanor
• Unfinished or unserialized frames or receivers - knowingly possessing an unserialized or unfinished frame or receiver while not a licensed gunsmith or dealer is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(10)), a class A misdemeanor
• Manufacture and shipping - effective August 25, 2026, Penal Law § 265.10(1) makes it a class D felony to manufacture or cause to be manufactured any "machine-gun, ghost gun, unfinished frame or receiver, firearm silencer, major component of a firearm, assault weapon, large capacity ammunition feeding device or disguised gun." Manufacturing a rapid-fire modification device is a class E felony. The same amendment adds "ghost gun" to the class D felony transport-or-ship list in Penal Law § 265.10(2)
• Digital firearm manufacturing code - effective August 25, 2026, Penal Law § 265.00(39) defines "digital firearm manufacturing code" as digital instructions, such as computer-aided design files, that may be used to program a three-dimensional printer or a CNC milling machine to produce a firearm, rifle, shotgun, ghost gun, unfinished frame or receiver, firearm silencer, rapid-fire modification device, or major component. Knowingly selling, transferring, distributing, selling access to, providing or otherwise disposing of that code to a person who does not hold both a Penal Law § 400.00 gunsmith license and a valid federal firearms license is a class A misdemeanor under Penal Law § 265.10(11), subject to the three exceptions stated in that subdivision. Possessing the code with intent to manufacture illegally, or to distribute it to a prohibited person or to a New York recipient lacking both licenses, is a class A misdemeanor under Penal Law § 265.10(12)

"Other" Firearms Reclassification

Effective in 2022, New York broadened the statutory definition of "firearm" in Penal Law § 265.00(3) to include "any other weapon" containing a component that provides housing or a structure designed to hold or integrate a fire control component designed to expel a projectile by action of an explosive. As a result, certain previously unclassified firearms (sometimes called "other" firearms, such as the Mossberg Shockwave or Remington 870 TAC-14) are now treated as firearms and may not be possessed or transferred without falling within an exemption under Penal Law § 265.20.

Body Armor Restrictions

New York restricts who may buy, take possession of, or sell body armor, and it adds a separate offense for wearing it during a violent felony.

Penal Law 270.20(2) defines "body armor" as "any product that is a personal protective body covering intended to protect against gunfire, regardless of whether such product is to be worn alone or is sold as a complement to another product or garment."

• Unlawful purchase (Penal Law 270.21). A person is guilty when, "not being engaged or employed in an eligible profession, they knowingly purchase or take possession of body armor." Eligible professions include police officers as defined in Criminal Procedure Law 1.20, peace officers as defined in Criminal Procedure Law 2.10, persons in military service for New York or the United States, and other professions designated by the Department of State under Executive Law 144-a. The offense is a class A misdemeanor for a first offense and a class E felony for any subsequent offense.
• Unlawful sale (Penal Law 270.22). A person is guilty when they sell, exchange, give or dispose of body armor to someone they know or reasonably should have known is not in an eligible profession. Class A misdemeanor for the first offense, class E felony for any subsequent offense.
• Unlawful wearing (Penal Law 270.20). Wearing body armor while committing a violent felony offense defined in Penal Law 70.02, in the course of and in furtherance of that crime, while possessing a firearm, rifle or shotgun, is a class E felony in its own right.

A concealed carry license is not an eligible profession and does not authorize a purchase. Check the Department of State's current list of designated professions before buying.

Prohibited Persons

Federal Prohibitions (18 U.S.C. § 922(g))

The following persons may not possess, receive, ship, or transport firearms or ammunition:

• Persons convicted of a crime punishable by imprisonment for a term exceeding one year
• Fugitives from justice
• Unlawful users of, or persons addicted to, a controlled substance
• Persons adjudicated as a mental defective or committed to a mental institution
• Aliens unlawfully in the United States, and most nonimmigrant-visa aliens
• Persons dishonorably discharged from the Armed Forces
• Persons who have renounced U.S. citizenship
• Persons subject to a qualifying domestic-violence restraining order
• Persons convicted of a misdemeanor crime of domestic violence

Being under indictment for a felony is a separate receipt-and-transport bar under 18 U.S.C. § 922(n); it is not part of the § 922(g) possession list.

Additional New York Disqualifiers

• A conviction for a felony or a "serious offense" as defined in Penal Law § 265.00(17), which lists specific misdemeanors (including illegally using, carrying, or possessing a weapon, and certain stalking, sexual, weapons, and domestic-violence-related offenses)
• A person subject to a Temporary or Final Extreme Risk Protection Order (TERPO/ERPO) under article 63-A of the CPLR, or an order of protection that suspends or revokes firearm rights
• Persons certified not suitable to possess a rifle or shotgun (Penal Law § 265.00(16))
• A licensing officer may also deny or revoke a Penal Law § 400.00 license based on the good-moral-character and eligibility standards in that section

Use of Force - Duty to Retreat

New York is not a stand-your-ground state. Under Penal Law § 35.15, a person may not use deadly physical force if the person knows that he or she can retreat with complete personal safety to self and others, except that there is no duty to retreat when the person is in his or her own dwelling and is not the initial aggressor (the "Castle" exception). Penal Law § 35.20 separately governs the use of force in defense of premises and allows deadly physical force against a burglary of an occupied dwelling or building. Concealed carry training must cover when deadly physical force is justified and the duty to retreat.

Safe Storage Requirements

The safe-storage statutes are Penal Law §§ 265.45 and 265.46. Penal Law § 265.50 is a different offense and covers undetectable firearms.

• Failure to safely store in the first degree (Penal Law § 265.45) applies to anyone who owns or has custody of a firearm, rifle, or shotgun and resides with a person who is (i) under 18 years of age, (ii) prohibited under a temporary or final Extreme Risk Protection Order or under 18 U.S.C. § 922(g)(1), (4), (8), or (9), or (iii) prohibited based on a felony or serious offense conviction. That owner must keep the weapon securely locked in an appropriate safe storage depository or rendered inoperable by a gun locking device when it is out of immediate possession or control. This is a class A misdemeanor.
• Penal Law § 265.45(2) also requires that a firearm left in an unattended vehicle have its ammunition removed and be securely locked in an appropriate safe storage depository out of sight from outside the vehicle. A glove compartment is not an appropriate depository.
• Failure to safely store in the second degree (Penal Law § 265.46) applies when the owner or custodian knows or has reason to know that a person under 16 years of age is likely to gain access, and fails to securely store the weapon. This is a violation punishable by a fine of up to $250.

Private Sale and Transfer Background Checks

Under General Business Law § 898, almost all private sales, exchanges, or disposals of firearms, rifles, and shotguns must go through a licensed dealer who runs a NICS background check through the State Police before the weapon is delivered:

• The dealer may charge a fee of no more than $10 per transaction (not per firearm)
• Transfers between members of an immediate family are exempt. "Immediate family" means spouses, domestic partners, children, and step-children
• A knowing violation is a class A misdemeanor

Domestic Violence Protections

• A court issuing an order of protection must suspend or revoke a firearm license, and order surrender of firearms, where the statutory risk findings are met
• Law enforcement responding to a family offense may take temporary custody of firearms in plain sight or found in a lawful search, and must take custody of firearms possessed by a person arrested for or suspected of a family offense
• Courts must consider a defendant's history of firearm use or possession and any order-of-protection history when setting bail or release conditions in domestic violence cases

Premises License vs. Concealed Carry License

A premises license authorizes possession of a pistol or revolver only in the licensee's home or place of business. It does not authorize carry outside those locations. A separate concealed carry license issued under Penal Law § 400.00 is required to carry a concealed handgun in public.

License Obligations

• A change of residence must be reported in writing within 10 days (Penal Law § 400.00(9))
• Lost or stolen firearms should be reported to police promptly
• A license to carry a concealed handgun under Penal Law § 400.00(2)(f) must be "recertified or renewed every three years following the issuance of such license" (Penal Law § 400.00(10)(d), added by the CCIA). Other pistol and revolver licensees are recertified to the Division of State Police every five years under Penal Law § 400.00(10)(b). Failure to recertify "shall act as a revocation of such license." Licensees in New York City, Nassau, Suffolk and Westchester follow their county's requirements rather than recertifying with the State Police
• A New York license is valid only within New York State

New York City Is Separate

New York City administers its own, stricter handgun licensing and possession rules through the NYPD License Division, governed separately under the New York City Administrative Code and the Rules of the City of New York. A license or practice that is lawful elsewhere in the state may not be lawful in New York City. Anyone carrying or possessing a handgun in New York City should confirm the applicable city rules in addition to state law.

Key Statutes

Recent Legislative and Litigation Developments

• September 1, 2022: The Concealed Carry Improvement Act took effect, creating the sensitive-location and restricted-location crimes, enhancing eligibility screening, strengthening safe storage, and adding ammunition background checks
• 2022: "Other" firearms reclassified within the statutory definition of "firearm"; body armor restrictions expanded
• Antonyuk v. James (2d Cir. Oct. 24, 2024, 120 F.4th 941; cert. denied April 7, 2025, No. 24-795): The Second Circuit upheld most of the CCIA, including the sensitive-location crime as a general matter (operative and criminally enforceable as a class E felony). It vacated the preliminary injunction against the place-of-worship category, § 265.01-e(2)(c), leaving intact only the separate Spencer injunction that runs to the plaintiffs in that case. It preserved the injunction as to Penal Law § 400.00(1)(o)(iv) and as to § 265.01-d applied to private property held open to the general public. The good-moral-character standard, the 18-hour training requirement, the in-person interview, and the reference requirements (other than social media) were upheld
• March 30, 2026, social media disclosure: Penal Law § 400.00(1)(o)(iv) has not been repealed. A stipulation of partial settlement in Antonyuk v. Hochul (N.D.N.Y.), so ordered by U.S. District Judge Glenn T. Suddaby, added a permanent injunction against enforcing the subparagraph and the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The injunction terminates if the Legislature repeals the subparagraph. The text stays in the statute and the current PPB-3 does not ask for social media accounts
• 2024: United States v. Rahimi upheld the federal domestic-violence restraining-order firearm bar under the Bruen historical-tradition framework
• Christian v. James (2d Cir. May 18, 2026, 176 F.4th 189): The Second Circuit affirmed the October 10, 2024 permanent injunction barring enforcement of Penal Law § 265.01-d with respect to private property open to the public. The same decision affirmed judgment for the State on the public-parks sensitive-location ban, Penal Law § 265.01-e(2)(d), which remains enforceable
• Wolford v. Lopez (U.S. June 25, 2026, No. 24-1046): The Supreme Court reached the same conclusion about a Hawaii law. It is confirmatory here. The New York rule comes from the Christian injunction, not from Wolford
• Matters still open, as of August 2026: The public-transit claim in Christian is unresolved and Penal Law § 265.01-e(2)(n) remains in force. In an August 14, 2026 joint status letter the Christian plaintiffs said they "anticipate petitioning for certiorari regarding the ban on carrying in public parks before the deadline of September 16, 2026." Summary-judgment briefing continues in Antonyuk. Treat every enforcement point in this guide as of a date and confirm it on gunsafety.ny.gov
• August 25, 2026: Amendments to Penal Law §§ 265.00 and 265.10 took effect, narrowing the "pistol converter" definition, adding "convertible pistol," "three-dimensional printer," "digital firearm manufacturing code" and "cruciform trigger bar," folding a converter-equipped convertible pistol into the "machine-gun" definition, adding ghost guns, unfinished frames or receivers, firearm silencers and major components to the class D felony manufacturing offense, and creating the class A misdemeanor digital-code offenses in § 265.10(11) and (12)

This content is compiled from primary statutory text published by the New York State Senate (New York Penal Law and General Business Law), official New York State sources including gunsafety.ny.gov, and federal court opinions and docket filings. It is for educational reference only and is not legal advice. These laws are subject to change and active litigation. Consult a licensed New York attorney for specific guidance.

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Federal context

Lautenberg Amendment - 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence (MCDV), meaning any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person, triggers a federal lifetime firearm-possession bar that is independent of state law. The Lautenberg disability applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. United States v. Rahimi (2024) confirmed the constitutionality of the related federal § 922(g)(8) domestic-violence restraining-order disability under the Bruen historical-tradition test.

NFA Items in New York

Overview

New York State law independently regulates the items the federal National Firearms Act (NFA) covers, and in most cases bans them outright. Federal compliance does not create a defense under New York law. A machine gun, silencer, or similar item can be lawful to register at the federal level and still be a serious New York felony to possess. Compliance with the federal NFA, including paying any tax and registering the item, does not make it legal to possess that item in New York.

What the federal NFA covers

Under 26 U.S.C. 5845(a), the federal NFA regulates these "firearms":

• Machine guns - any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of such a weapon and any combination of parts designed and intended for use in converting a weapon into a machine gun (26 U.S.C. 5845(b)).
• Silencers and suppressors - any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts designed or redesigned and intended for use in assembling or fabricating such a device (26 U.S.C. 5845(a)(7), defined by reference to 18 U.S.C. 921(a)(25)).
• Short-barreled rifles (SBRs) - a rifle with a barrel or barrels of less than 16 inches, or a weapon made from a rifle with an overall length under 26 inches (26 U.S.C. 5845(a)(3)-(4)).
• Short-barreled shotguns (SBSs) - a shotgun with a barrel or barrels of less than 18 inches, or a weapon made from a shotgun with an overall length under 26 inches (26 U.S.C. 5845(a)(1)-(2)).
• Destructive devices - bombs, grenades, certain rockets and missiles, mines, and large-bore weapons over one-half inch in diameter, plus related parts (26 U.S.C. 5845(f)).
• Any Other Weapons (AOWs) - concealable weapons capable of discharging a shot through the energy of an explosive, and similar devices (26 U.S.C. 5845(e)).

New York State prohibitions

Penal Law Article 265 criminalizes possession, manufacture, transport, and disposition of most NFA items. New York uses its own definitions, which appear in Penal Law 265.00.

Silencers and machine guns

• Penal Law 265.02(2) - Criminal possession of a weapon in the third degree. A person is guilty when they possess "any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use." This is a class D felony.
• Penal Law 265.03(1)(a) - Criminal possession of a weapon in the second degree. Possessing a machine gun with intent to use it unlawfully against another is a class C felony. Penal Law 265.03(1)(c) applies the same class C felony to possessing a disguised gun with unlawful intent.
• Penal Law 265.00(2) - "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of a gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing. Nothing in the definition turns on federal registration.
• Penal Law 265.00(1) - "Machine-gun" means a weapon of any description, irrespective of size, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger, and includes a sub-machine gun. An amendment that took effect August 25, 2026 adds to that definition "any convertible pistol that is equipped with a pistol converter." A convertible pistol with a converter installed is therefore a machine-gun for purposes of Article 265, which brings it inside the class D felony in Penal Law 265.02(2) and, where there is intent to use it unlawfully against another, the class C felony in Penal Law 265.03(1)(a).
• Penal Law 265.00(36) - "Pistol converter", as amended effective August 25, 2026, means a device or instrument that, when installed in or attached to the rear of the slide of a semi-automatic pistol, replaces the backplate and interferes with the trigger mechanism, so that the pistol discharges shots or bullets rapidly or automatically with one continuous pull of the trigger. The earlier text reached a device installed in or attached to the slide generally.
• Penal Law 265.00(37) - "Convertible pistol", added effective August 25, 2026, means a semi-automatic pistol with a cruciform trigger bar that can be readily altered by hand or with common household tools so that it can be converted into a machine-gun by installing or attaching a pistol converter. The subdivision lists the common household tools it means, including screwdrivers, pipe wrenches, pliers, hacksaws, crowbars, drills or rotary tools, hammers, chisels, files and crescent wrenches. It does not include hammer-fired semi-automatic pistols or striker-fired semi-automatic pistols that lack a cruciform trigger bar. A notch, tab or other piece of material on the frame does not prevent ready alteration if it can be readily removed with those tools. "Cruciform trigger bar" is defined in Penal Law 265.00(40).
• A pistol converter is also a "rapid-fire modification device" under Penal Law 265.00(26), so possessing the converter by itself is a separate offense. See below.

Short-barreled rifles and shotguns

New York folds short-barreled long guns into its "firearm" definition. Under Penal Law 265.00(3), "firearm" includes a shotgun with one or more barrels less than 18 inches, a rifle with one or more barrels less than 16 inches, and any weapon made from a shotgun or rifle with an overall length less than 26 inches. Because these qualify as a "firearm," possessing one without a valid New York license is a crime:

• Penal Law 265.01-b - Criminal possession of a firearm. Possessing any firearm (as New York defines it) is a class E felony, absent a license or an applicable exemption.
• An SBR or SBS may also meet New York's separate "assault weapon" definition in Penal Law 265.00(22) depending on configuration, which raises the offense level (see below).

Assault weapons and large capacity magazines

• Penal Law 265.02(7) - Possessing an assault weapon, as defined in Penal Law 265.00(22), is criminal possession of a weapon in the third degree, a class D felony.
• Penal Law 265.02(8) - Possessing a large capacity ammunition feeding device is a class D felony. Penal Law 265.00(23) defines that device as a magazine, belt, drum, feed strip, or similar device with a capacity of, or that can be readily restored or converted to accept, more than ten rounds. See the RESTRICTIONS section for full detail on assault weapons and magazines.
• Penal Law 265.37 - A separate offense covers what a magazine is loaded with. It is unlawful to knowingly possess an ammunition feeding device containing more than seven rounds of ammunition. Inside the possessor's home, a first offense is a violation with a $200 fine and a later offense is a class B misdemeanor. Anywhere other than the home, a first offense is a class B misdemeanor and a later offense is a class A misdemeanor. New York's own summary of changes to the SAFE Act describes suspending the requirement that only magazines holding seven rounds or fewer could be purchased, and says magazines holding up to ten rounds may be purchased. That is a rule about buying a magazine, which is not the same rule as the load limit. The load limit itself was held unconstitutional in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), where the Second Circuit concluded that "New York's seven-round load limit does not survive intermediate scrutiny" and affirmed the judgment holding it unconstitutional. Section 265.37 was not repealed, and the court reached that result under intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history. Confirm the current position with the New York State Police at gunsafety.ny.gov before relying on either one.

Manufacture, transport, and disposition

Penal Law 265.10 was amended effective August 25, 2026. The lists and gradings below are the text now in force.

• Penal Law 265.10(1) - Manufacturing, or causing to be manufactured, a machine-gun, ghost gun, unfinished frame or receiver, firearm silencer, major component of a firearm, assault weapon, large capacity ammunition feeding device or disguised gun is a class D felony. The August 25, 2026 amendment added ghost gun, unfinished frame or receiver, firearm silencer and major component of a firearm to that list. Manufacturing a rapid-fire modification device is a class E felony.
• Penal Law 265.10(2) - Transporting or shipping a machine-gun, ghost gun, firearm silencer, assault weapon, large capacity ammunition feeding device or disguised gun, or transporting or shipping five or more firearms as merchandise, is a class D felony. Ghost gun was added to that list effective August 25, 2026. Transporting or shipping a rapid-fire modification device is a class E felony.
• Penal Law 265.10(3) - Disposing of a machine-gun, assault weapon, large capacity ammunition feeding device or firearm silencer is a class D felony. Disposing of a rapid-fire modification device is a class E felony. Knowingly buying, receiving, disposing of or concealing a defaced machine-gun, firearm, large capacity ammunition feeding device, rifle or shotgun is also a class D felony.
• Penal Law 265.10(11) - Added effective August 25, 2026. Knowingly selling, offering to sell, transferring, distributing, selling access to, providing or otherwise disposing of digital firearm manufacturing code to a person who does not hold both a valid gunsmith license under Penal Law 400.00 and a valid federal firearms license is a class A misdemeanor. The subdivision states its own exceptions, including a reasonable belief that the recipient will not use the code in violation of the subdivision, neither party being in New York State, and a recipient who holds both licenses.
• Penal Law 265.10(12) - Added effective August 25, 2026. Possessing digital firearm manufacturing code is a class A misdemeanor where the possessor intends to illegally manufacture one of the items described in Penal Law 265.00(1), (2), (3) or (3-a), which are a machine-gun, a firearm silencer, a firearm, or a major component of a firearm, rifle or shotgun, or where the possessor intends to distribute the code to a person in New York who the sender knows or reasonably should know would be prohibited from possessing the product, or to a person in New York who does not hold both a gunsmith license and a valid federal firearms license.
• Penal Law 265.10(10) - A dealer in firearms or gunsmith who, on or after May 31, 2027, sells, transfers, disposes of, or transports or ships as merchandise a convertible pistol is guilty of a class D felony. That subdivision applies beginning May 31, 2027.
• The terms these subdivisions use are defined in Penal Law 265.00: "ghost gun" and "unfinished frame or receiver" in subdivision 32, "major component of a firearm, rifle or shotgun" in subdivision 3-a, "three-dimensional printer" in subdivision 38, and "digital firearm manufacturing code" in subdivision 39. Digital firearm manufacturing code covers computer-aided design files and similar instructions that can program a three-dimensional printer or a CNC milling machine to produce a firearm, rifle, shotgun, ghost gun, unfinished frame or receiver, firearm silencer, rapid-fire modification device or major component of a firearm.

Rapid-fire modification devices (including bump stocks)

• Penal Law 265.01-c - Criminal possession of a rapid-fire modification device. Knowingly possessing one is a class A misdemeanor. Penal Law 265.00(26) defines a "rapid-fire modification device" to include any bump stock, trigger crank, binary trigger system, burst trigger system, pistol converter, or any other device designed to accelerate the rate of fire of a semi-automatic firearm, rifle, or shotgun. "Bump stock" is separately defined in Penal Law 265.00(27).
• This New York ban is independent of federal law. In 2024 the U.S. Supreme Court struck down the federal regulation that had treated bump stocks as machineguns. That decision reached the federal regulation. It did not touch the federal statutory definition of a machinegun in 26 U.S.C. 5845(b), which still covers any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun. It also does not change New York law. Bump stocks, trigger cranks, binary and burst trigger systems and pistol converters remain illegal to possess in New York under Penal Law 265.01-c.

Undetectable firearms

• Penal Law 265.50 - Knowingly manufacturing, selling, exchanging, giving, disposing of, transporting, shipping, or possessing with intent to sell a firearm, rifle or shotgun that is not detectable by a metal detector calibrated to the Security Exemplar after removal of grips, stocks and magazines, or a major component that does not generate an adequate image on airport-type screening equipment, is a class D felony. "Major component of a firearm, rifle or shotgun" is defined in Penal Law 265.00(3-a) as the barrel, the slide or cylinder, the frame, or the receiver.

Federal NFA requirements still apply

Where an NFA item is lawful to possess, the federal process still controls. Federal law requires:

• Registration in the National Firearms Registration and Transfer Record. Under 26 U.S.C. 5861(d), it is a federal crime to receive or possess an NFA firearm that is not registered to the possessor in that record.
• ATF approval before transfer (Form 4) or making (Form 1), including fingerprints and photographs.
• Approval before taking possession. Possessing an unregistered NFA firearm is a federal felony.

None of this overrides New York's separate criminal prohibitions. A federally registered silencer or machine gun is still contraband in New York.

Pub. L. 119-21 and the NFA tax

Pub. L. 119-21, enacted July 4, 2025, rewrote the federal making and transfer tax rates. Under 26 U.S.C. 5811(a) and 5821(a) as amended, the tax is $200 for a machine gun or a destructive device and $0 for any other NFA firearm, which includes silencers, SBRs, SBSs, and AOWs. The amendment applies to calendar quarters beginning more than 90 days after July 4, 2025, which makes the first qualifying quarter the one beginning January 1, 2026. Check the ATF for the figure it is currently applying to a given form.

The tax change is a federal matter only. It does not register any item, and it has no effect on New York's independent bans. Lowering or eliminating the federal tax does not make a silencer, machine gun, or other restricted item legal to possess in New York. The federal registration, background check, and approval requirements remain in place even where the tax is $0.

Federal registration is separate from the federal tax

The registration requirement lives in a different statute from the tax, so setting the tax at $0 did not reach it. Under 26 U.S.C. 5861(d) it remains a federal crime to receive or possess an NFA firearm that is not registered to the possessor in the National Firearms Registration and Transfer Record. Any future change to the federal registration scheme would be a federal matter. It would not, by itself, repeal New York's separate state-level prohibitions, which rest on independent state statutory authority. Confirm current federal requirements with ATF before acting.

Key takeaways for New York license holders

1. Machine guns, silencers and suppressors, and destructive devices are illegal to possess in New York. No federal license, tax payment, or registration makes them legal under state law.
2. Short-barreled rifles and shotguns fall within New York's "firearm" definition under Penal Law 265.00(3), so possessing one without a license is a felony, and configuration may also trigger the assault weapon rules.
3. Bump stocks, pistol converters and other rapid-fire modification devices remain banned in New York under Penal Law 265.01-c, whatever the federal treatment of a bump stock is.
4. Amendments that took effect August 25, 2026 widened this area. New York's machine-gun definition now reaches a convertible pistol equipped with a pistol converter, and Penal Law 265.10(1) now makes manufacturing a ghost gun, an unfinished frame or receiver, a firearm silencer or a major component of a firearm a class D felony.
5. Trafficking in digital firearm manufacturing code, and possessing it with the intents listed in Penal Law 265.10(12), became class A misdemeanors on August 25, 2026.
6. The federal $0 NFA tax under Pub. L. 119-21 does not change New York law. State prohibitions remain fully enforceable.
7. An NFA item that is legal in a neighboring state becomes felony contraband the moment it enters New York.
8. New York City applies its own stricter handgun and firearm rules on top of state law. Consult NYC requirements separately if you are in the five boroughs.

Relevant statutes

This page is general information, not legal advice. New York firearm law changes frequently and is heavily litigated. Confirm current requirements with the New York State Police and a qualified New York attorney before acting.

Red Flag Law / Extreme Risk Protection Orders (ERPO)

New York's red flag law is the Extreme Risk Protection Order (ERPO) law. CPLR 6340(1) defines an extreme risk protection order as "a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun." It is codified in the Civil Practice Law and Rules, Article 63-A, sections 6340 through 6348, and has been in effect since 2019.

Article 63-A sits in the civil practice statute, and CPLR 6347 provides that no finding or determination made under the article "shall be interpreted as binding, or having collateral estoppel or similar effect, in any other action or proceeding." Separate Penal Law offenses can still attach. Under Penal Law 265.01(9), a person who possesses a major component of a firearm, rifle, or shotgun while prohibited from possessing a shotgun or rifle by "a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules" commits criminal possession of a weapon in the fourth degree, a class A misdemeanor. Penal Law 265.45 also requires a person who lives with someone they know or have reason to know is prohibited by a temporary or final ERPO to lock up or disable any rifle, shotgun, or firearm left out of their immediate possession or control.

Overview

An Extreme Risk Protection Order is a civil court order that can do the following:

• Prohibit the person (the respondent) from purchasing, possessing, or attempting to purchase or possess any firearm, rifle, or shotgun (CPLR 6340(1), 6342(1), 6343(3)(b)(iii)).
• Direct the respondent to surrender any firearm, rifle, or shotgun in their possession, in the same manner set out in Criminal Procedure Law 530.14(5) (CPLR 6342(4)(d)(i), 6343(3)(b)(iv)). CPLR 6344 governs what happens to firearms once law enforcement takes them.
• On issuance of a final order, temporarily suspend any existing firearm license the respondent holds and order the respondent temporarily ineligible for such a license (CPLR 6343(3)(b)(ii)).

There are two kinds of order. A temporary ERPO may be issued "ex parte or otherwise" on a finding of probable cause, and the written order must state the date and time it expires (CPLR 6342(1), 6342(4)(b)). A final ERPO is issued after a hearing and lasts up to one year, with a renewal path.

Who Can File for an ERPO

CPLR 6340(2) defines who may serve as a "petitioner." The categories are:

• A law enforcement agency that employs a police officer as defined in section 1.20 of the Criminal Procedure Law, or a police officer or district attorney with jurisdiction in the county or city where the respondent resides.
• A family or household member of the respondent. CPLR 6340(2)(b) does not spell that phrase out. It adopts the definition in "subdivision two of section four hundred fifty-nine-a of the social services law," so read that definition, or the Unified Court System's ERPO page, before assuming a particular relationship qualifies. The state's gun safety site describes this category more loosely as a member of the individual's household.
• A school administrator as defined in section 1125 of the Education Law, or the administrator's designee, at a school in which the respondent is currently enrolled or was enrolled in the six months immediately preceding the filing. A designee must work at the same school and must be designated in writing, and the statute limits designees to a school teacher, guidance counselor, school psychologist, school social worker, school nurse, other school personnel required to hold a teaching or administrative license or certificate, or a compensated school employee required to hold a coaching license or certificate.
• A health care practitioner who treated the respondent in the six months immediately preceding the filing. CPLR 6340(2)(d) lists a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker, and licensed mental health counselor. New York's gun safety site states that this category was added when the law was strengthened in 2022.

CPLR 6348 backs that last category up. A health care provider who files an ERPO application is authorized to disclose protected health information about the respondent as necessary for the full investigation and disposition of the application, limited to the minimum necessary, and the decision to disclose or not disclose, "when made reasonably and in good faith, shall not be the basis for any civil or criminal liability."

Mandatory filing for law enforcement. Under CPLR 6341, a law enforcement agency that employs a police officer, or a police officer or district attorney with jurisdiction in the county or city where the respondent resides, "shall file such application upon the receipt of credible information that an individual is likely to engage in conduct that would result in serious harm to themself or others," as defined in Mental Hygiene Law 9.39(a)(1) or (2), "unless such petitioner determines that there is no probable cause for such filing." The state's gun safety site attributes this duty to the 2022 changes.

ERPO Process

Step 1: Filing the application

The petitioner files a sworn application, with any supporting documentation, in the supreme court in the county in which the respondent resides (CPLR 6341). The chief administrator of the courts adopts the forms. The application form asks whether the petitioner knows or has reason to believe the respondent owns, possesses, or has access to a firearm, rifle, or shotgun and, if so, requests a description of them and their locations with as much specificity as possible. Service of the order and papers is arranged through the law enforcement agency serving the respondent's jurisdiction "at no cost to the petitioner," although a petitioner may voluntarily arrange service through a third party such as a licensed process server (CPLR 6342(6)(b)). For current forms and any court fees, use the Unified Court System's ERPO page at nycourts.gov.

Step 2: Temporary ERPO

An application for a temporary order "shall be determined in writing on the same day the application is filed" (CPLR 6342(1)). The standard is probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to themselves or others, as defined in Mental Hygiene Law 9.39(a)(1) or (2). CPLR 6342(2) directs the court to consider any relevant factors, including a threat or act of violence or use of physical force directed at self, the petitioner, or another person; a violation or alleged violation of an order of protection; any pending charge or conviction for an offense involving the use of a weapon; the reckless use, display, or brandishing of a firearm, rifle, or shotgun; any history of a violation of an extreme risk protection order; evidence of recent or ongoing abuse of controlled substances or alcohol; evidence of recent acquisition of a firearm, rifle, shotgun, or other deadly weapon or dangerous instrument, or ammunition for one; and evidence of recent acts of aggravated cruelty to animals. The court must also weigh how much time has passed since the act and the person's age at the time, and "recent" means within the six months prior to the date the petition was filed.

If a temporary order is granted, the officer serving it "shall request that the respondent immediately surrender to the officer all firearms, rifles and shotguns in the respondent's possession," and takes possession of what is surrendered, what is in plain sight, and what is discovered pursuant to a lawful search. The court may also direct a police officer to search for firearms consistent with the procedures of Criminal Procedure Law article 690 (CPLR 6342(8)). The court notifies the State Police, other law enforcement with jurisdiction, all applicable licensing officers, the statewide registry of orders of protection, and the Division of Criminal Justice Services, which reports the order to the FBI (CPLR 6342(7)).

Step 3: Final ERPO hearing

The supreme court holds a hearing on whether to issue a final ERPO. Where a temporary order was issued, the hearing is held no sooner than three business days and no later than six business days after service of the temporary order, and the respondent "shall be entitled to more than six business days" if the respondent requests a reasonable period of additional time to prepare. Where no temporary order was issued, the hearing is held no later than ten business days after service of the application, and the respondent may request, and the court may grant, additional time (CPLR 6343(1)).

At the hearing, the petitioner "shall have the burden of proving, by clear and convincing evidence, that the respondent is likely to engage in conduct that would result in serious harm" to themselves or others. That is a higher standard than the probable cause used for a temporary order. The court may consider the petition, evidence from either side, testimony, and the law enforcement background report prepared under CPLR 6342(9), and must also consider the CPLR 6342(2) factors. A final order extends for a period of up to one year, but where it was immediately preceded by a temporary order, the year is measured from the date the temporary order issued (CPLR 6343(3)(c)). If the petitioner has not met the standard of proof and firearms were surrendered or removed under a temporary order, the court's finding must include a written order directing their return, on a written finding that there is no legal impediment to the respondent's possession (CPLR 6343(5)(a)).

After a Final ERPO Is Issued

• Modification or vacatur. The court must notify the respondent, on the record and in writing, that the respondent may submit one written request, at any time during the effective period of the order, for a hearing setting aside any portion of the order. The respondent "shall bear the burden to prove, by clear and convincing evidence, any change of circumstances that may justify a change to the order" (CPLR 6343(6)).
• Renewal. At any time within sixty days prior to expiration, a petitioner who believes the respondent continues to be likely to engage in conduct that would result in serious harm may request renewal (CPLR 6345(1)). The court may issue a temporary ERPO while the renewal request is under consideration. The renewal hearing is held in supreme court in accordance with CPLR 6343, so the same clear and convincing standard and the same one-year ceiling apply, and the respondent must be served with written notice a reasonable time before the hearing and be afforded an opportunity to fully participate (CPLR 6345(2)).
• Custody of firearms. An officer who takes a firearm, rifle, or shotgun under an ERPO must give the person a receipt or voucher describing the property in detail, or leave and mail one if no one is present, and file a copy with the court. The agency must retain the property and not dispose of it for at least two years unless the respondent legally transfers it to someone permitted by law to own and possess it (CPLR 6344(1)).
• Firearms belonging to someone else. If a firearm found during execution of an order is owned by a person other than the respondent, the court, on a written finding of no legal impediment to that person's possession, orders it returned to the lawful owner and informs the owner of the obligation to store it safely in accordance with Penal Law 265.45 (CPLR 6343(5)(b), 6344(2)).
• Expiration, sealing, and return. On expiration, the order and all records of the proceeding are sealed, and the court clerk notifies the Division of Criminal Justice Services, police departments, licensing officers, and other law enforcement agencies. Sealed records remain available to the respondent or the respondent's designated agent, courts in the unified court system, police, a licensing agency when the respondent applies for a firearm license, and a prospective employer of a police or peace officer in connection with such an application (CPLR 6346(1)). Return of a surrendered firearm requires a written application by the respondent, with notice and an opportunity to be heard for the petitioner and every licensing officer, and a written finding that there is no legal impediment to the respondent's possession. If a licensing officer tells the court it will seek to revoke the license, the return order is stayed until the revocation proceeding concludes (CPLR 6346(2)).

What an ERPO Cannot Do

An ERPO is limited to firearms. CPLR 6340(1) defines it as an order "prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun," and nothing in Article 63-A authorizes a court, under this article, to order the respondent to stay away from a home, job, or school, to have no contact with the petitioner, to follow custody orders, or to pay support.

For broader personal protection, a separate order of protection through the Family Court or a criminal court may be more appropriate. Article 63-A itself points at that track: CPLR 6342 and 6343 direct ERPO surrender "in the same manner as set forth in subdivision five of section 530.14 of the criminal procedure law," the statute that handles firearm surrender in protective order cases. For what an order of protection can and cannot include, use the Unified Court System's materials at nycourts.gov rather than relying on this page.

Emergency and After-Hours Filing

Article 63-A supplies the emergency mechanism in the statute itself: an application for a temporary order is decided in writing the same day it is filed, and it is filed in the supreme court in the county where the respondent resides (CPLR 6341, 6342(1)). The article does not set out after-hours procedures. Court hours, emergency coverage, and current forms are set by the New York State Unified Court System, so check its ERPO page at nycourts.gov or call the state's gun law hotline at 1-855-LAW-GUNS before relying on a particular filing window.

Privacy and Safety Protections

When the court arranges service of the temporary order, the application, and the associated papers, it "may redact the address and contact information of the petitioner from such application and papers where the court finds that disclosure of such address or other contact information would pose an unreasonable risk to the health or safety of the petitioner" (CPLR 6342(6)(a)). The same protection carries into service of a renewal application (CPLR 6345(2)) and into service of a granted final order (CPLR 6343(3)(a)). Where a health care provider petitions, any records or documents relating to diagnosis, prognosis, treatment, or clinical care that the court orders produced "shall be sealed by the court" (CPLR 6348(1)(b)). Whether any particular information gets redacted is a finding the court makes, so raise the safety concern with the court.

Statutory Reference (CPLR Article 63-A)

Recent Changes

• 2019: CPLR Article 63-A created the extreme risk protection order. The NY Senate's published revision history for the article shows revisions dated March 1, 2019 and August 30, 2019. For the exact effective date, check the article's revision history at nysenate.gov.
• 2022: New York's gun safety site states that Governor Hochul "strengthened the law in 2022 by requiring State Police to file an ERPO when they have probable cause, and by expanding who may file an ERPO," and that health care practitioners who examined an individual within the last six months can now seek these orders. The mandatory-filing language now in CPLR 6341 and the health care practitioner category now in CPLR 6340(2)(d) carry those changes.

Official Resources

• New York State Unified Court System, applying for an extreme risk protection order: nycourts.gov/help/safety-violence/applying-extreme-risk-protection-order-erpo
• New York State Red Flag Law page: ny.gov/programs/red-flag-gun-protection-law
• Gun Safety in New York State: gunsafety.ny.gov
• New York State gun law hotline: 1-855-LAW-GUNS, staffed by State Police during normal business hours Monday through Friday

Federal context

United States v. Rahimi (2024). In United States v. Rahimi, 602 U.S. 680 (2024), the U.S. Supreme Court considered 18 U.S.C. 922(g)(8), a provision the Court has described as reaching "the possession of a firearm by a person against whom a domestic violence restraining order had been issued." As the Court recounted in Wolford v. Lopez in 2026, the Rahimi majority "was satisfied that the two analogues identified by the Federal Government, though not 'dead ringers' of 922(g)(8), were sufficiently similar to support the provision's constitutionality because the challenged regulation was 'consistent with the principles that underpin our regulatory tradition'" under New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022).

A New York ERPO is a state civil order under CPLR Article 63-A and is distinct from the federal 922(g)(8) prohibitor. The federal provision applies only to a court order issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner or a child of that partner or person, or from other conduct placing an intimate partner in reasonable fear of bodily injury, and that either includes a finding that the person represents a credible threat to the physical safety of that partner or child or expressly prohibits the use, attempted use, or threatened use of physical force against them. An ERPO is not built on those elements, so whether a given ERPO also triggers the federal prohibitor is a separate question.

State Preemption and the State-vs-Local Split

Overview

New York does not have a general firearms preemption statute. On the licensing side it has the opposite. Penal Law 400.30 provides that "Nothing in this article shall be construed to impair or in any way prevent the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set forth in or established by this article." Counties, cities, towns, and villages may therefore layer stricter rules on top of the Penal Law article 400 licensing scheme.

That said, New York is a licensed-carry state with a tightly controlled statewide framework, and two features of state law operate in a preemption-like way:

• A handgun license issued under Penal Law 400.00 is "valid notwithstanding the provisions of any local law or ordinance" and is "effective throughout the state," with one large exception: the license is not valid inside New York City unless the NYPD police commissioner issues a special permit (Penal Law 400.00(6)). So a locality cannot nullify a validly issued state license, but New York City has a carve-out that effectively requires its own license.
• The criminal statutes that define where and how firearms may be possessed (the sensitive-location and restricted-location crimes, the assault-weapon and large-capacity-magazine rules, and the use-of-force rules) are uniform state law. Localities apply them statewide; they do not get to weaken them.

The result is a layered system. State law sets a mandatory floor and a uniform set of crimes. New York City layers a stricter licensing regime on top. Other counties vary mostly in process and discretion, not in the underlying criminal code.

Statutory Basis for Local Authority

The Penal Law itself says local firearms rules survive, in four places:

• Penal Law 400.30 (Application). "Nothing in this article shall be construed to impair or in any way prevent the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set forth in or established by this article." That covers all of article 400, the licensing article.
• Penal Law 400.00(18) (notice on issuance). After setting out the safe-storage warning a licensing officer must give a new licensee, the subdivision adds: "Nothing in this subdivision shall be deemed to affect, impair or supersede any special or local law relating to providing notice regarding the safe storage of rifles, shotguns or firearms."
• Penal Law 400.00(20)(d) (dealer warnings). "The provisions of this subdivision shall not supersede any local law or ordinance that imposes stricter disclosure or notice requirements."
• Penal Law 265.45 and 265.46 (failure to safely store, first and second degree). Each carries the same clause: nothing in the section "shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons." New York State describes one of the SAFE Act amendments in the same terms, as "Ensuring that local safe storage laws are not preempted by the SAFE Act."

Note one important boundary set by statute itself. Penal Law 400.00(6) provides that a license issued under Penal Law 400.00 "shall be valid notwithstanding the provisions of any local law or ordinance" and, if not otherwise limited as to place or time of possession, "shall be effective throughout the state," except within New York City absent a special permit from that city's police commissioner. A locality cannot use a local ordinance to invalidate a license the state issued. It can still add stricter rules of its own.

Statewide Licensing Framework (Penal Law 400.00)

Every jurisdiction in New York operates inside the state pistol-licensing system in Penal Law 400.00. Carrying or possessing a handgun without a license is a crime; there is no constitutional or permitless carry in New York.

Key statewide baselines that no county may lower:

• Licensing officers and county-level administration. Penal Law 265.00(10) defines "licensing officer" as the police commissioner in the city of New York, the commissioner of police in Nassau, the sheriff in Suffolk except in five named towns where it is that county's police commissioner, the superintendent of state police for purposes of Penal Law 400.01, "and elsewhere in the state a judge or justice of a court of record having his office in the county of issuance." Applications go to the licensing officer where the applicant resides, is principally employed, or has a principal place of business (Penal Law 400.00(3)(a)).
• Eligibility. Applicants must be at least 21 (with a narrow honorable-discharge exception), of good moral character, and free of disqualifying convictions, warrants, mental-health adjudications, and other listed bars (Penal Law 400.00(1)). The Concealed Carry Improvement Act defines "good moral character" as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others" (Penal Law 400.00(1)(b)).
• Enhanced carry-license requirements (CCIA). For a license to carry concealed without regard to employment or place of possession under Penal Law 400.00(2)(f), the applicant "shall meet in person with the licensing officer for an interview" and must supply cohabitant information, no less than four character references, certification of the required training, and a list of former and current social media accounts from the past three years (Penal Law 400.00(1)(o)(i) through (iv)). The interview, the references, and the cohabitant disclosure are enforceable. Clause (iv) is on the books but off the form. No court has held it unconstitutional, and the Legislature has not repealed it. In Antonyuk v. Hochul (N.D.N.Y.), a stipulation of partial settlement so ordered on March 30, 2026 permanently enjoined the State Defendants from enforcing the clause against the plaintiff, and the Superintendent agreed to "ensure that the PPB-3 license application form does not include language requiring social media information." The parties agreed the terms "shall have no legal precedential value," and the injunction terminates if the Legislature repeals the clause. The current PPB-3 does not ask for social media accounts.
• Training. Before issuance or renewal of a carry license, the applicant must complete a minimum of sixteen hours of in-person live curriculum plus a minimum of two hours of a live-fire range training course, conducted by a duly authorized instructor under a curriculum approved by the Division of Criminal Justice Services and the State Police, and must score at least 80 percent on a written test (Penal Law 400.00(19)).
• Expiration and recertification. Penal Law 400.00(10)(b) provides that "All licensees shall be recertified to the division of state police every five years thereafter, except as otherwise provided in paragraph (d) of this subdivision," and that "Failure to recertify shall act as a revocation of such license." Paragraph (d) overrides that cycle for concealed carry: licenses issued under paragraph (f) of subdivision two "shall be recertified or renewed every three years following the issuance of such license." Under paragraph (c), a semiautomatic rifle license "shall be recertified to the applicable licensing officer every five years following the issuance of such license." Paragraph (a) sets the separate expiration terms, which are not uniform: not more than three years in the city of New York, not more than five years in Nassau, Suffolk and Westchester, and elsewhere a license not previously revoked or cancelled "shall be in force and effect until revoked as herein provided."
• Revocation and surrender. Conviction of a felony or serious offense, or becoming ineligible, operates as grounds for revocation; a license may be revoked at any time in New York City and in Nassau and Suffolk counties by the licensing officer, and elsewhere by any judge or justice of a court of record (Penal Law 400.00(11)(a)). On suspension or revocation, the person must surrender the license and all firearms, rifles, and shotguns to law enforcement (Penal Law 400.00(11)(c)).
• Display. A carry licensee must have the license on their person while carrying and must exhibit it on demand to a police or peace officer; failure to do so is presumptive evidence of not being duly licensed (Penal Law 400.00(8)).
• Penalty. Any violation of Penal Law 400.00 is a class A misdemeanor (Penal Law 400.00(15)).

The State Police maintain a statewide license and record database under Penal Law 400.02(1), and records assembled or collected for that database "shall not be subject to disclosure pursuant to article six of the public officers law," a sentence repeated in Penal Law 400.00(5)(a). That same paragraph makes the name and address of a person granted a license a public record unless the applicant obtains one of the exceptions in paragraphs (b) through (f) of the subdivision. Penal Law 400.01 provides a separate licensing path for retired sworn members of the State Police.

New York City: A Separate, Stricter Regime

New York City runs its own handgun licensing system, administered by the NYPD License Division, and it is the most significant departure from the statewide baseline.

• A state license is not valid in the five boroughs. Under Penal Law 400.00(6), a pistol or revolver license issued outside New York City is not valid within the city unless the police commissioner issues a special permit. The subdivision supplies five narrow exceptions, including firearms "being transported by the licensee in a locked container" where "the trip through the city of New York is continuous and uninterrupted," firearms bought from a licensed city dealer and taken out of the city forthwith in a locked container, armored car security guards during their employment, and certain retired police, retired federal law enforcement, and state tax department peace officers whose licenses are marked accordingly. Those are exceptions, not a general right to carry on a license issued elsewhere.
• City code. New York City's firearms licensing requirements are set out in the New York City Administrative Code (Section 10-131 and related provisions) and the Rules of the City of New York (Title 38, NYPD License Division rules). These impose additional application requirements and historically distinguished among premises, business, and carry licenses.
• Practical consequence. Carrying a handgun into New York City on a license issued elsewhere, without the city special permit and outside a statutory transport exception, can expose a person to criminal possession charges under Penal Law 265.01 (criminal possession of a weapon in the fourth degree, a class A misdemeanor) or, depending on the circumstances, the more serious felonies in Penal Law 265.01-b, 265.02, or 265.03.

County-Level Variation

Because licensing is administered locally, the experience of getting and keeping a license varies by county even though the statewide rules are the same:

• Processing times. Penal Law 400.00(4-b) requires the licensing officer to act on an application "within six months of the date of presentment of such an application to the appropriate authority." Delay past that is allowed only "upon written notice to the applicant specifically stating the reasons for any delay," and "may only be for good cause and with respect to the applicant." The statute sets the outer limit; it does not make every county move at the same pace.
• Fees. Penal Law 400.00(14) sets license fees locally. In the city of New York the city council, and in Nassau and Westchester the county legislative body, fixes the fee for a license to carry or possess a pistol or revolver. Elsewhere the licensing officer collects a county fee of "not less than three dollars nor more than ten dollars as may be determined by the legislative body of the county," plus three dollars for each amendment, five dollars in the county of Suffolk.
• Discretion in revocation venue. As noted, New York City, Nassau, and Suffolk vest revocation authority in the licensing officer, while elsewhere it lies with a judge or justice of a court of record (Penal Law 400.00(11)(a)).
• Local overlays. Penal Law 400.30 preserves any local law, code, ordinance, rule or regulation "that is more restrictive than any requirement set forth in or established by" article 400, and Penal Law 400.00(18), 400.00(20)(d), 265.45 and 265.46 preserve stricter local notice and safe-storage requirements. Check the rules of the county and the municipality you are actually in, not the Penal Law alone.

Statewide Location Crimes (Uniform, Not Local)

The Concealed Carry Improvement Act created two location-based crimes that apply statewide. These are state crimes; localities enforce them as written and may add restrictions but cannot relax them.

• Sensitive locations (Penal Law 265.01-e). It is a crime to possess a firearm, rifle, or shotgun in a sensitive location when the person "knows or reasonably should know such location is a sensitive location." Subdivision 2 defines twenty categories, paragraphs (a) through (t): government buildings and courts; health, behavioral health and chemical dependence care; "any place of worship, except for those persons responsible for security at such place of worship"; libraries, public playgrounds, public parks and zoos; children and family services programs and permitted childcare; nursery schools, preschools and summer camps; developmental disabilities, addiction services, mental health and temporary assistance programs; shelters; health department residential settings; schools, colleges and universities; public transportation and its facilities at paragraph (n); on-premises alcohol and cannabis establishments; entertainment, gaming and sporting venues; polling places; signed access-restricted public areas; protests and assemblies; and Times Square at paragraph (t). Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony, and the whole list is in force.
• Restricted locations (Penal Law 265.01-d). This statute makes it a class E felony to possess a firearm, rifle, or shotgun and enter or remain on private property where the person knows or reasonably should know that the owner or lessee "has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." It has not been repealed, and it has not been invalidated as a whole. It is enjoined in part. On October 10, 2024 the U.S. District Court for the Western District of New York ordered that defendants and those acting with them "are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public," and the Second Circuit affirmed that permanent injunction on May 18, 2026 in Christian v. James, 176 F.4th 189 (2d Cir. 2026). The State Police say the same in operational terms: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." As to private property that is not held open to the public, 265.01-d still applies on its own terms. Property owners keep the right to exclude firearms either way. The statute exempts, among others, police and peace officers, qualified active and retired law enforcement carrying under 18 U.S.C. 926B and 926C, registered armed security guards at work, and active-duty military.

Litigation status. One provision is enjoined in part, and everything else in the CCIA stands. Penal Law 265.01-d is on the books and is not enforced only as to private property open to the public, under the Christian permanent injunction the Second Circuit affirmed on May 18, 2026. Wolford v. Lopez (U.S. June 25, 2026) reached the same conclusion about a Hawaii law and is confirmatory. The Second Circuit got to New York's statute first, and no court has invalidated a New York statute nationwide. The same Christian decision affirmed judgment for the State on the public parks ban in Penal Law 265.01-e(2)(d), so parks stay off limits. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), certiorari denied April 7, 2025 (No. 24-795), the Second Circuit vacated the preliminary injunctions against the sensitive-location provisions, including the place-of-worship provision in Penal Law 265.01-e(2)(c), which the Legislature had already narrowed effective May 3, 2023 to except "those persons responsible for security at such place of worship" (2023 N.Y. Laws ch. 55, pt. F). A separate plaintiff-specific preliminary injunction issued in Spencer v. Chiumento survives for the plaintiffs in that case. Everyone else should treat a place of worship as a sensitive location. The social media clause in Penal Law 400.00(1)(o)(iv) is off the PPB-3 by the March 30, 2026 so-ordered stipulation described above, not by any holding of unconstitutionality. Three matters were open as of late August 2026: the Christian public-transit claim, whose stay was lifted August 17, 2026, with Penal Law 265.01-e(2)(n) still in force; a certiorari petition on the public parks ban that plaintiffs said they anticipated filing before a September 16, 2026 deadline; and cross-motions for summary judgment in Antonyuk, with reply briefs due September 18, 2026 and no ruling. Confirm current enforcement status on gunsafety.ny.gov before relying on any of it.

Statewide Weapon and Magazine Overlays (SAFE Act)

These restrictions are uniform statewide and are not a matter of local option:

• Assault weapons. "Assault weapon" is defined in Penal Law 265.00(22). Possession of an assault weapon is criminal possession of a weapon in the third degree, a class D felony (Penal Law 265.02(7)).
• Large-capacity magazines. A "large capacity ammunition feeding device" is a magazine or similar device that holds, or can be readily converted to hold, more than ten rounds (Penal Law 265.00(23)). Possession is criminal possession of a weapon in the third degree, a class D felony (Penal Law 265.02(8)).
• Seven-round load limit (Penal Law 265.37). Unlawful possession of certain ammunition feeding devices makes it unlawful "for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition." Inside the possessor's home a first offense is a violation with a two hundred dollar fine, and each subsequent offense is a class B misdemeanor. Anywhere else a first offense is a class B misdemeanor and each subsequent offense is a class A misdemeanor. New York State describes the SAFE Act amendments as "Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased," with magazines that hold up to ten rounds purchasable going forward. That statement addresses purchase, not the load limit. The load limit itself was held unconstitutional in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), where the Second Circuit concluded that "New York's seven-round load limit does not survive intermediate scrutiny" and affirmed the judgment holding it unconstitutional. Section 265.37 was not repealed, and that holding rested on intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history. Confirm the current status of Penal Law 265.37 with the New York State Police at gunsafety.ny.gov before relying on it.
• Rapid-fire modification devices. Possession of a rapid-fire modification device (such as a bump stock) is a class A misdemeanor (Penal Law 265.01-c).

Use of Force Is Uniform State Law

New York's self-defense rules are statewide and not subject to local variation. Outside the home, a person must retreat before using deadly physical force if they know they can do so with complete personal safety, with a Castle exception inside the dwelling for a person who is not the initial aggressor (Penal Law 35.15). Defense of premises and property is governed by Penal Law 35.20. New York has no stand-your-ground law.

Federal Law Sits Above All of This

Several federal rules apply regardless of New York or local law:

• Federal prohibited persons. 18 U.S.C. 922(g) bars possession by categories such as felons, certain domestic-violence misdemeanants, and unlawful drug users. Being under indictment is addressed separately by 18 U.S.C. 922(n), not 922(g).
• LEOSA. Qualified active and retired law enforcement officers may carry under 18 U.S.C. 926B and 926C; New York's restricted-location statute (Penal Law 265.01-d) expressly recognizes these officers.
• Airports and aircraft. Carrying or attempting to board an aircraft with a concealable weapon, or carrying into a sterile/secured area, is a federal crime under 49 U.S.C. 46505. This is separate from any New York offense and applies at New York airports.

Relevant Statutes

Recent Developments

• Concealed Carry Improvement Act (CCIA), effective September 1, 2022. Enacted after the U.S. Supreme Court held New York's prior "proper cause" standard for carry licenses unconstitutional in New York State Rifle & Pistol Association v. Bruen. The CCIA replaced "proper cause" with the enhanced eligibility, interview, reference, and training requirements described above and created the sensitive-location and restricted-location crimes.
• CCIA litigation: most of the act stands. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), certiorari denied April 7, 2025, the Second Circuit vacated the preliminary injunctions against the sensitive-location provisions and against the good moral character standard, preserving relief only as to Penal Law 400.00(1)(o)(iv) and Penal Law 265.01-d as applied to private property held open to the general public. In Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026), the court affirmed the permanent injunction against enforcing Penal Law 265.01-d as to private property open to the public and affirmed judgment for the State on the public parks ban. Wolford v. Lopez (U.S. June 25, 2026) reached the same conclusion about a Hawaii law. Parks, public transit, Times Square and the rest of the sensitive-location list remain enforceable class E felony locations.
• No general firearms preemption statute. New York has not enacted one. Penal Law 400.30 runs the other way, expressly preserving any local law, code, ordinance, rule or regulation more restrictive than article 400, and the safe-storage sections carry the same kind of saving clause.

Bottom line: Because New York has no general firearms preemption statute, a valid state license does not exempt a holder from local rules or, most importantly, from New York City's separate licensing requirement. Comply with both the statewide framework and any stricter local or city requirements before carrying, and pay close attention when traveling between upstate counties and New York City.

New York Reciprocity and Out-of-State Permits

New York does not honor a carry permit issued by any other state. For a private citizen, the only exemption that makes lawful public carry possible is written to reach one thing: a license issued under New York law.

Penal Law 265.20(a)(3) exempts "Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter." A permit issued by another state is not a license under Penal Law 400.00 or 400.01, so it does not open that exemption. New York State guidance is plain: "You are still required to have a license to possess a pistol or revolver. Nothing in the recent United States Supreme Court decision changes this fact."

Treat a home-state permit as having no effect here. The path to carry in New York is a New York license, and nonresidents may apply.

What a visiting permit holder is exposed to

Penal Law 265.00(3) defines "firearm" to include "any pistol or revolver," so a carry handgun is a firearm for every offense below. The possession offenses that reach a visitor carrying on a foreign permit each carry a fixed grade:

• Penal Law 265.01(1), criminal possession of a weapon in the fourth degree. Committed when a person "possesses any firearm." A class A misdemeanor.
• Penal Law 265.01-b(1), criminal possession of a firearm. Committed when a person "possesses any firearm." A class E felony.
• Penal Law 265.02(7) and (8), criminal possession of a weapon in the third degree. Committed when "Such person possesses an assault weapon" or "Such person possesses a large capacity ammunition feeding device." A class D felony.
• Penal Law 265.03(3), criminal possession of a weapon in the second degree. Committed when "such person possesses any loaded firearm." A class C felony.

The magazine your handgun was sold with can be that device, and possessing it is a class D felony by itself. No paragraph of Penal Law 265.20(a) exempts a private visitor relying on a foreign permit from that offense, and the federal transport conditions below do not cure it. Penal Law 265.37 separately makes it unlawful "to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition," a class B misdemeanor for a first offense outside the possessor's home. Check the gun and the bag.

Penal Law 265.03(3) carries an exception a traveler cannot use. Possession "shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business." The exception is written to the possessor's own home or place of business. It does not name a hotel room, a short-term rental, or a vehicle. If you are staying anywhere else, do not assume it covers you without advice from a New York attorney.

The definition of "loaded" is a trap. Penal Law 265.00(15) defines a loaded firearm as "any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm." An empty pistol and a box of matching cartridges in the same bag meet it.

New York City is a second license, not a formality

Even a New York license does not reach New York City on its own. Penal Law 400.00(6) provides that a license to carry or possess a pistol or revolver "not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city."

The Second Circuit described the same structure in Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025): "With some exceptions inapplicable to this appeal, state law requires individuals who want to carry firearms in the City to obtain a license issued by the City, or a special permit if the individual has already obtained a license elsewhere." The panel affirmed the denial of a preliminary injunction against that requirement and remanded for further proceedings. The constitutional question is not settled.

New York City's guidance agrees: "New York City has its own licensing laws different from the rest of New York State, and an individual must possess an appropriate license or permit from New York City to carry a firearm within the City."

The City permit requirement sits on top of a state license, and a permit from outside New York State does not substitute for either. The travel provisos in Penal Law 400.00(6), including transport in a locked container where "the trip through the city of New York is continuous and uninterrupted," run to holders of a license issued under that section. They are not a route for another state's permit.

Under 38 RCNY 5-01(d), Special Licenses are issued "to persons in possession of a valid New York State County Carry License," and revocation, cancellation, suspension or surrender of the county license automatically voids the City license.

Sensitive locations bind licensees too

Penal Law 265.01-e, criminal possession of a firearm, rifle or shotgun in a sensitive location, reaches possession "in or upon a sensitive location," where the person "knows or reasonably should know such location is a sensitive location." It is a class E felony that binds licensees.

Penal Law 265.01-e(2)(n) covers "any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals." Penal Law 265.01-e(2)(t) covers "the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage."

Before flying with a firearm into or out of a New York airport, confirm handling with your airline and the airport operator, including what applies once you leave the secured area.

Nonresidents can apply for a New York license

New York State guidance is direct:

New York law does not require residency or in-state employment to apply for a firearm license. While the Penal Law directs applicants who live or work in New York to file their firearm application in the county of residence or principal place of employment, this provision does not exclude nonresidents from applying. Licensing officers may accept applications from nonresidents, and residency is not among the eligibility criteria for being issued a firearm license.

Penal Law 400.00(3)(a) is that venue rule. Applications are made to the licensing officer in the city or county "where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper." Penal Law 400.00(2)(f) authorizes carry: to "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person."

New York City has an express nonresident route. Under 38 RCNY 5-03(b), "A person who resides outside of New York State and is not principally employed within New York City may apply for a carry handgun license pursuant to this section," subject to each of these:

1. The requirements of 38 RCNY 5-02, except subdivision (g), which requires a residence or principal place of business within the confines of New York City.
2. The requirements of 38 RCNY 5-03(a): no Penal Law 400.00(1)(n) misdemeanor conviction within five years of the application date, an in-person interview with a License Division licensing officer, four character references (two non-family), and certification of the training required by Penal Law 400.00(1)(o)(iii), completed no more than six months before submission.
3. The requirements of 38 RCNY 5-05.
4. A department-provided background investigation form, given to the local law enforcement agency in each jurisdiction where the applicant has resided in the preceding five years, then returned completed to the License Division.
5. If the applicant holds a firearms license or permit in another jurisdiction, a department-provided form stating its current and past status, including good standing and any prior suspensions, revocations, or periods out of good standing.

Under 38 RCNY 5-25, requests to add more than one handgun to a Non-Resident Carry license under 5-03(b) "shall not be approved."

Driving through New York: 18 U.S.C. 926A

Federal law protects transport, not carry. Section 926A entitles a person to transport a firearm only when all of these are true:

1. The person is not otherwise prohibited by chapter 44 of title 18 from transporting, shipping, or receiving a firearm.
2. The transport is "for any lawful purpose."
3. It runs "from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm." Both ends of the trip must be lawful for you, independently.
4. During the transportation the firearm is unloaded.
5. Neither the firearm nor any ammunition being transported "is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle."

A separate proviso attaches to one class of vehicle only. For a vehicle with no compartment separate from the driver's compartment, the firearm or ammunition "shall be contained in a locked container other than the glove compartment or console." A vehicle with a trunk falls under condition 5 above, not this proviso.

Section 926A moves a firearm through New York. It does not authorize carrying one and does not convert a foreign permit into a New York license.

The narrow nonresident carve-outs that do exist

Penal Law 265.20(a)(13) exempts possession of pistols and revolvers by a nonresident while attending or traveling to or from an organized competitive pistol match or league competition "under auspices of, or approved by, the National Rifle Association," or an organized match sanctioned by the International Handgun Metallic Silhouette Association, in which the person is a competitor. The first three are conditions of the exemption. The fourth governs what your paperwork proves:

• The person is within forty-eight hours of the event.
• The person "has not been previously convicted of a felony or a crime which, if committed in New York, would constitute a felony."
• The pistols or revolvers are "transported unloaded in a locked opaque container together with a copy of the match program, match schedule or match registration card."
• That documentation is prima facie evidence of the exemption only if the person "also has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence." Your home-state permit is what makes the match paperwork prima facie evidence, not authority to carry.

Penal Law 265.20(a)(13-a) applies the same conditions to a nonresident registered participant at an organized convention or exhibition for the display of or education about firearms under National Rifle Association auspices or approval, with convention or exhibition documentation in place of match documentation. It opens with a geographic exclusion: "Except in cities not wholly contained within a single county of the state."

Penal Law 265.20(a)(12) is a third route. It exempts a member or coach of an accredited college or university target pistol team transporting a pistol or revolver into or through New York state for a collegiate, olympic or target pistol shooting competition under National Rifle Association auspices or approval, provided it is "unloaded and carried in a locked carrying case and the ammunition therefor is carried in a separate locked container." It turns on team membership, not a permit.

These are competition and exhibition exemptions. They do not authorize carrying a loaded handgun for self-defense.

One limit runs through all of them, and through the 265.20(a)(3) license exemption this page rests on. Penal Law 265.20(a)(16) provides that "rifle," "shotgun," "pistol," "revolver," and "firearm" as used in paragraphs three, twelve, thirteen and thirteen-a "shall not include a disguised gun or an assault weapon."

Out-of-state officers and LEOSA

Penal Law 265.20(a)(11) exempts "Possession of a firearm or large capacity ammunition feeding device by a police officer or sworn peace officer of another state while conducting official business within the state of New York."

Under 18 U.S.C. 926B, a qualified law enforcement officer "who is carrying the identification required by subsection (d)" may carry a concealed firearm that has moved in interstate or foreign commerce, subject to subsection (b). Section 926C does the same for a qualified retired officer. Subsection (b) of each preserves state laws letting private persons or entities restrict concealed firearms on their property, and state laws that "prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park."

New York names these federal categories in its location offenses. Penal Law 265.01-e(3)(a) exempts "qualified law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C 926B, or qualified retired law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926C." Penal Law 265.01-d(2)(c) carries the parallel exemption for restricted locations.

Retirement alone is not a license. New York State guidance: "Retired law enforcement officials will need to apply for a concealed carry license."

Carrying a New York license into another state

Penal Law 400.00(6) makes a license "effective throughout the state." That state is New York, and the provision reaches no other jurisdiction.

Before traveling out of New York with a handgun, check the destination with that state's attorney general, state police, or licensing agency, and check every state you will drive through. Recognition changes by legislation and by court order, so verify close to your travel date.

Reference table

Additional Resources for New York Concealed Carry

New York is a licensed-carry state. You must hold a license to carry a pistol or revolver issued under New York Penal Law 400.00 before you may possess or carry a handgun. New York is not a constitutional-carry or permitless-carry state. The licensing standards were rewritten by the Concealed Carry Improvement Act (CCIA), enacted in response to NYSRPA v. Bruen (2022) and effective September 1, 2022. Many CCIA provisions were challenged in Antonyuk v. James (formerly Antonyuk v. Hochul). The U.S. Court of Appeals for the Second Circuit upheld the law in October 2024 (120 F.4th 941), vacating the preliminary injunctions except as to the social media disclosure item and the restricted-location statute as applied to private property held open to the general public, and the Supreme Court denied certiorari on April 7, 2025 (No. 24-795). Litigation continues on a few provisions. Verify the current status of any restriction before relying on it.

The contacts and links below help you reach the right office. Permit requirements, fees, and procedures vary significantly by county, and New York City runs its own separate, stricter handgun licensing system. Always confirm details with your local licensing authority.

State Government Resources

New York State Gun Safety Website

• Website: gunsafety.ny.gov
• One-stop portal launched by Governor Hochul with information about New York's firearm laws for the public, gun owners, and gun dealers
• Available in 14 languages: English, Spanish, Chinese (Simplified and Traditional), Russian, Yiddish, Bengali, Korean, Haitian Creole, Italian, Arabic, Polish, French, and Urdu
• Dedicated sections:
  • Resources for Gun Owners - permit recertification info, private gun sale guidance, firearm safety
  • Resources for Gun Dealers - background check requirements, ammunition record-keeping, required dealer warning notice
  • Resources for Hunters - hunting-specific firearm regulations
  • Firearms Warning Notice - downloadable notice dealers must post (see Dealer Requirements below)

New York State Police - Firearms Division

• Website: troopers.ny.gov/firearms (available in 14 languages)
• Handles online pistol permit recertification. Under Penal Law 400.00(10), a license to carry (issued under paragraph (f) of subdivision two) must be recertified every 3 years; standard licenses and semiautomatic rifle licenses recertify every 5 years
• Designated point of contact for processing background checks for both firearm and ammunition purchases
• Recertification hotline: (518) 464-7120 (for out-of-state residents unable to recertify online who do not hold a NYS Driver License or Non-Driver ID)

NYS Division of Criminal Justice Services (DCJS)

• Website: criminaljustice.ny.gov
• Published FAQs on changes to NYS firearm laws effective September 1, 2022
• Publishes the NYSP-DCJS minimum standards for concealed carry firearm safety training required by Penal Law 400.00(19): a 16-hour classroom course plus a 2-hour live-fire course covering:
  • Safe firearm storage and carrying
  • Conflict de-escalation
  • Suicide prevention
  • Use of deadly force
• Office of Gun Violence Prevention - community resources, gun violence reduction initiatives
• Police and peace officer training - training standards and accreditation
• Fingerprint Services - information on fingerprinting for background checks
• Criminal history record requests - how to request your own criminal history

New York State Attorney General

• Website: ag.ny.gov/new-york-gun-laws - "Understanding Recent Changes to New York's Gun Laws"
• Information about recent changes to New York's gun laws and related legislation
• Attorney General statement on NYSRPA v. Bruen

Governor's Office

• Governor Hochul Signs Landmark Legislation to Strengthen Gun Laws (S.51001/A.41001, signed July 1, 2022)
• New Concealed Carry Laws Taking Effect September 1, 2022 - overview of the new requirements
• Press office contacts:
  • Albany: (518) 474-8418
  • New York City: (212) 681-4640
  • Email: Press.Office@exec.ny.gov

NY SAFE Act

• Website: Changes to the SAFE Act - the state's own summary of the amendments
• FOIL exemption: Protect Your Privacy: FOIL Exemption
• The SAFE Act (2013) defines "assault weapon" (Penal Law 265.00(22)) and makes possessing one criminal possession of a weapon in the third degree, a class D felony (Penal Law 265.02(7))
• It defines a "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip or similar device holding, or readily restorable to hold, more than ten rounds (Penal Law 265.00(23)). Possessing one is also criminal possession of a weapon in the third degree, a class D felony (Penal Law 265.02(8))
• Penal Law 265.36 belongs to the same magazine grouping and is still cross-referenced as live law: Penal Law 265.20 lists it twice, in the subdivision (a) exemption roll alongside 265.02 and 265.37, and again at subdivision (e) for qualified retired law enforcement officers. In New York State Rifle and Pistol Association v. Cuomo the district court struck that section's "and if" clause as unconstitutionally vague, calling the clause "incomplete and entirely indecipherable," and the State did not challenge that ruling on appeal. Read the current text of 265.36 on the New York State Senate legislation site before you rely on it
• Penal Law 265.37 is a separate offense: knowingly possessing an ammunition feeding device that contains more than seven rounds. In the possessor's home it is a violation with a $200 fine for a first offense and a class B misdemeanor after that. Anywhere else it is a class B misdemeanor for a first offense and a class A misdemeanor after that
• The Second Circuit held that seven-round load limit unconstitutional in New York State Rifle and Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), concluding that it "does not survive intermediate scrutiny." Penal Law 265.37 was not repealed, and the court applied intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history. Confirm current enforcement on the state's SAFE Act page rather than assuming
• New York's own summary of later amendments to the SAFE Act lists "Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds." That is a purchase rule, not the possession offense in 265.37. Confirm the current rule on the state's SAFE Act page before you rely on it

Licensing and Eligibility (Post-September 1, 2022)

The Concealed Carry Improvement Act (S.51001/A.41001) rewrote the eligibility standards in Penal Law 400.00. Key points, with the statute cited so you can verify them:

• Age: Generally 21 to obtain a license to carry a handgun (Penal Law 400.00(1)(a)), with narrow exceptions for certain military and peace officer applicants
• Good moral character: Penal Law 400.00(1)(b) defines this as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." The CCIA removed the old "proper cause" standard. The good-moral-character requirement was upheld in Antonyuk v. James
• In-person meeting: The applicant must meet in person with the licensing officer (Penal Law 400.00(1)). This in-person interview requirement was upheld in Antonyuk v. James
• Character references: No fewer than four references who can attest to the applicant's good moral character (Penal Law 400.00(1)(o)(ii)). The character-reference requirement was upheld in Antonyuk v. James
• Household and contact disclosures: Names of a spouse or domestic partner and other adults residing in the home (Penal Law 400.00(1)(o)(i))
• Social media accounts: Penal Law 400.00(1)(o)(iv) calls for "a list of former and current social media accounts of the applicant from the past three years." It has not been repealed and no court has held it unconstitutional. The Second Circuit affirmed a preliminary injunction against enforcing it in Antonyuk v. James, and a stipulation of partial settlement so ordered by U.S. District Judge Glenn T. Suddaby on March 30, 2026 added a permanent injunction against enforcing the subparagraph against the plaintiff, along with the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." That injunction terminates if the Legislature repeals the subparagraph. The text stays in the statute and the current PPB-3 does not ask for social media accounts. Confirm current guidance with your licensing officer
• Training: Penal Law 400.00(19) requires an in-person course of at least 16 hours of classroom curriculum plus a 2-hour live-fire range course, with a live-fire proficiency demonstration, meeting the NYSP-DCJS minimum standards. This 18-hour training requirement was upheld in Antonyuk v. James
• Recertification: Carry licenses recertify every 3 years (Penal Law 400.00(10)(d)); failure to recertify acts as a revocation

Semiautomatic Rifle License (Effective September 4, 2022)

• You must be at least 21 and hold a license to purchase or take possession of a semiautomatic rifle (Penal Law 400.00(2))
• A license is not required for individuals who lawfully possessed semiautomatic rifles before September 4, 2022
• These licenses recertify every 5 years (Penal Law 400.00(10)(c))

New York City Is Separate

New York City administers its own handgun licenses through the NYPD License Division under NYC Administrative Code 10-131 and Title 38 of the Rules of the City of New York. NYC fees, processes, and standards are separate from county licensing. Penal Law 400.00(6) says a license to carry that is not otherwise limited "shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city," subject to the narrow transport provisos in that subdivision. Contact the NYPD License Division for city applications.

Where Carry Is Restricted

These restrictions carry criminal penalties. Read the statute and note the litigation:

• Sensitive locations (Penal Law 265.01-e): It is a class E felony to possess a firearm, rifle, or shotgun in a listed sensitive location when you know or reasonably should know it is one. The statutory list includes government buildings and courts, health and behavioral health facilities, places of worship, libraries, public parks and playgrounds, zoos, schools and colleges, public transit and its facilities, bars and other on-premise liquor establishments, entertainment and sporting venues, polling places, protests and assemblies, permitted public events, and the area known as Times Square. Treat the whole list as in force, places of worship included. In Antonyuk v. James the Second Circuit said "we VACATE the district court's preliminary injunction against enforcement of" section 265.01-e(2)(c), the place-of-worship provision. Carrying in a place of worship is a class E felony. The only exception written into the statute itself is for "those persons responsible for security at such place of worship," a carve-out the Legislature added effective May 3, 2023. One preliminary injunction against that provision, issued in the Spencer case and left intact by the Second Circuit, runs only to the plaintiffs in that case and protects nobody else. A place of worship is also private property, so its operator may prohibit firearms through signage or property law. That is a separate point, and it is not permission to carry. Section 265.01-e(3) lists exemptions, including active and certain retired law enforcement (paragraph (a)) and lawful hunting under a DEC license (paragraph (i))
• Restricted locations (Penal Law 265.01-d): Penal Law 265.01-d(1) makes it a class E felony to possess a firearm, rifle or shotgun and enter or remain on private property "where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." By its terms the statute reaches private property generally. It has not been repealed and it has not been struck down. On October 10, 2024 the U.S. District Court for the Western District of New York permanently enjoined the defendants "from enforcing" the section "with respect to private property open to the public," and the Second Circuit affirmed that injunction on May 18, 2026 in Christian v. James, 176 F.4th 189. The State Police say on gunsafety.ny.gov that they are "not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." As to private property that is not held open to the public, 265.01-d still applies on its own terms. The Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez, No. 24-1046 (June 25, 2026). Property owners keep the right to exclude firearms, and you must honor a posted prohibition or an owner's direct notice
• Carrying without a license: Criminal possession of a firearm under Penal Law 265.01-b is a class E felony; criminal possession of a weapon in the fourth degree (Penal Law 265.01) is a class A misdemeanor; criminal possession of a weapon in the third degree (Penal Law 265.02) is a class D felony; second degree (Penal Law 265.03) is a class C felony. Exemptions are listed in Penal Law 265.20

Self-Defense and Use of Force

New York imposes a duty to retreat before using deadly physical force outside the home. Penal Law 35.15 requires you to retreat if you can do so with complete personal safety, except that there is no duty to retreat when you are in your own dwelling and are not the initial aggressor (the Castle exception). New York has no "stand your ground" law. Penal Law 35.20 covers defense of premises and the use of force to prevent certain crimes on your property. Read both sections before relying on a self-defense theory.

Firearm Dealer Requirements

Required Dealer Warning Notice (Effective January 7, 2025)

• Every licensed gunsmith or firearm dealer must post a warning notice:
  • At the entrance to the sales site
  • In at least one additional area where sales occur
  • The notice must be at least 8.5" x 11" in bold print, minimum 26-point type
• Downloadable notice: gunsafety.ny.gov/firearms-warning-notice

Background Checks and Ammunition Sales (Effective September 1, 2022)

• Dealers must run background checks through NYSP for all firearm sales
• Dealers must run background checks through NYSP for all ammunition sales
• Dealers must maintain electronic records for all ammunition transactions including:
  • Date of transaction
  • Customer name, age, address, and occupation
  • The amount, caliber, manufacturer's name and serial number, or if none, any other distinguishing number or identification mark on the ammunition

Extreme Risk Protection Orders (Red Flag Law)

• NY Red Flag Program: ny.gov/programs/red-flag-gun-protection-law
  • Assistance hotline: 877-NYS-0101
  • Call 911 in emergencies
• NY Courts ERPO Information: nycourts.gov/courthelp/Safety/extremeRisk.shtml
  • About ERPO
  • Basic Steps in an ERPO Case
  • Applying for an ERPO
• Additional court resources:
  • Find a Lawyer
  • Court Help Centers
  • LawHelp NY

County-Level Pistol Permit Offices

Pistol permit applications are processed at the county level outside New York City. Each county's licensing officer sets its own forms, fees, office hours, appointment rules and fingerprinting arrangements, so they differ from county to county. Confirm those details with the county office itself before you rely on them. The counties below are a sample. If yours is not listed, contact its county clerk or sheriff's office.

• Albany County: albanycountyny.gov
• Chenango County: chenangocountyny.gov
• Dutchess County: dutchessny.gov
• Genesee County: geneseeny.gov
• Jefferson County: jeffersoncountyny.gov
• Monroe County: monroecounty.gov
• Oneida County: oneidacountyny.gov
• Oswego County: oswegocountyny.gov
• Rockland County: County Clerk's Office
• Suffolk County: suffolkcountysheriffsoffice.com
• Ulster County: ulstersheriffny.gov

Hunting and Firearms

New York's gun laws generally do not affect most hunters, but license holders should know these intersections:

• Handgun possession while hunting requires a valid NYS pistol license. New York does not recognize handgun licenses issued by other states
• Muzzleloading pistols used for hunting also require a NYS pistol license
• Westchester County and Long Island: Environmental Conservation Law 11-0931(5)(a) says "No person shall use a rifle for hunting on Long Island or in Westchester County," and carrying a rifle in the woodlands there is presumptive evidence of illegal use, except for members of a duly organized target shooting club carrying unloaded rifles to and from the range
• Auto-loading firearms: Environmental Conservation Law 11-0931(1)(c) bars using in hunting, or possessing in the fields, forests or on the waters of the state, any auto-loading firearm built to hold more than six shells in the magazine and chamber combined, with exceptions including a firearm using .22 caliber rimfire ammunition and one altered to hold no more than six
• Lawful hunting under a DEC license is one of the exemptions to the sensitive-location law (Penal Law 265.01-e(3)(i))
• NYS DEC Hunting Information: dec.ny.gov/things-to-do/hunting
  • Hunting License Types and Fees
  • Hunting and Trapping Regulations Guide
  • Hunter Education Program

Federal Resources

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

• Processing Times: atf.gov/resource-center/current-processing-times
• Form 6 Import Permit: Required for nonimmigrant aliens bringing firearms into NY for hunting - download application (PDF). Allow 6 to 12 weeks for processing.
• Phone: (304) 616-4550
• Website: atf.gov

Key Federal Statutes

• Air travel: It is a federal crime to carry a firearm or weapon on or attempt to board an aircraft in the secured area, and firearms in checked baggage must be unloaded and declared (49 U.S.C. 46505). This is separate from TSA's administrative rules
• Prohibited persons: Federal firearm prohibitions appear in 18 U.S.C. 922(g); a separate provision, 18 U.S.C. 922(n), covers persons under felony indictment
• LEOSA: Qualified active and retired law enforcement officers may carry under 18 U.S.C. 926B and 926C. This is a federal authority, not a New York state exemption, though NY also exempts these officers from the sensitive-location law (Penal Law 265.01-e(3)(a))
• Interstate transport: 18 U.S.C. 926A protects transport of an unloaded, secured firearm between two places where possession is lawful, regardless of states crossed

Legal Resources

• NY Courts - CourtHelp: nycourts.gov/courthelp - self-help legal information including safety, protection orders, and firearms-related court proceedings
• Ask a Law Librarian: askalawlibrarian.nycourts.gov - free legal research assistance
• LawHelp New York: lawhelpny.org - free and low-cost legal aid referrals
• FOIL Public Records Exemption: Gun owners may request exemption from public disclosure of their firearms license information. Contact your county clerk for the NYS Firearms License Request for Public Records Exemption form. Most counties provide this form on their website (see county listings above).
• DCJS Legal Resources: criminaljustice.ny.gov/legalservices

Key Legislation and Statute References

Important Phone Numbers

Permit requirements, fees, and procedures vary significantly by county, and New York City runs a separate system. Always contact your local county clerk or sheriff's office, or the NYPD License Division for NYC, for current procedures. A few CCIA questions are still open, and each has a date attached. In Christian v. James the district court lifted its stay on August 17, 2026 and directed the parties to propose a schedule by August 27, 2026 for the remaining public-transit issue, so Penal Law 265.01-e(2)(n) stays in force while that claim is undecided. The plaintiffs there said they anticipated petitioning for certiorari on the public parks ban before a September 16, 2026 deadline. In Antonyuk v. James, summary-judgment briefing runs through September 18, 2026 with no ruling. Check gunsafety.ny.gov for the current picture, and consult an attorney for advice on your specific situation.

New York Concealed Carry and Firearms FAQ

These answers explain how New York's licensing and possession laws work. New York is a license-required state, not a permitless or constitutional-carry state. You must hold a license issued under Penal Law 400.00 to possess or carry a handgun, and several other Penal Law sections control where and how you may carry. New York is also one of the most heavily litigated states after the 2022 Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, so a handful of provisions are subject to ongoing court challenges. Statute citations below were verified against the primary text. This page is general information, not legal advice.

Carry Licensing Basics

Do I need a license to carry a handgun in New York?

Yes. A license issued under Penal Law 400.00 is required to possess or carry a pistol or revolver. There is no permitless or constitutional carry in New York. A carry license, issued under paragraph (f) of subdivision two of Penal Law 400.00, lets you carry concealed without regard to employment or place of possession, subject to the restrictions of state and federal law.

Statute: N.Y. Penal Law 400.00(2)

What happens if I possess or carry a handgun without a license?

Possessing a firearm without a license is a crime. Criminal possession of a firearm under Penal Law 265.01-b is a class E felony. Possessing a loaded firearm outside your home or place of business can be charged as criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony. Lower-level possession offenses include criminal possession of a weapon in the fourth degree under Penal Law 265.01 (a class A misdemeanor) and in the third degree under Penal Law 265.02 (a class D felony). Exemptions from these possession crimes are listed in Penal Law 265.20.

Statute: N.Y. Penal Law 265.01-b, 265.03, 265.01, 265.02, 265.20

What did the Concealed Carry Improvement Act change?

After Bruen held New York's old "proper cause" discretionary standard unconstitutional, the Legislature passed the Concealed Carry Improvement Act (CCIA), effective September 1, 2022. It added enhanced eligibility requirements for carry licenses, including a "good moral character" standard, an in-person interview, character references, and a firearms safety training course. Penal Law 400.00(1)(b) defines good moral character to mean "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." All four were challenged in the Antonyuk litigation, but they did not travel the same route. The district court enjoined the good moral character standard, and the Second Circuit vacated that injunction. It never enjoined the other three: as the Second Circuit recounted, the court "declined, however, to enjoin the requirements that an applicant attend an in-person meeting, provide four character references, and undergo firearms training," and those rulings were not challenged on appeal. The Supreme Court denied certiorari on April 7, 2025. All four are in force.

Statute: N.Y. Penal Law 400.00(1)

What does a carry-license applicant have to submit at the interview?

Under Penal Law 400.00(1)(o), an applicant for a carry license must meet in person with the licensing officer and submit: the names and contact information of any spouse, domestic partner, and other adults in the home; the names and contact information of at least four character references; and certification of completion of the required training. The statute also lists, at Penal Law 400.00(1)(o)(iv), "a list of former and current social media accounts of the applicant from the past three years." That clause has not been repealed, and no court has held it unconstitutional. The Second Circuit affirmed a preliminary injunction against it, and in a stipulation of partial settlement so ordered on March 30, 2026 in Antonyuk v. Hochul, the Superintendent of the State Police agreed to "ensure that the PPB-3 license application form does not include language requiring social media information." The current PPB-3 does not ask for social media accounts. The other interview requirements are in force.

Statute: N.Y. Penal Law 400.00(1)(o)

How much training is required for a carry license?

Penal Law 400.00(19) requires an in-person live firearms safety course taught by an authorized instructor with a curriculum approved by the Division of Criminal Justice Services and the State Police. The minimum is 16 hours of in-person classroom instruction plus 2 hours of live-fire range training, for 18 hours total. The classroom portion must cover firearm safety, safe storage, state and federal gun laws, situational awareness, conflict de-escalation and management, encounters with law enforcement, the sensitive locations in Penal Law 265.01-e, the restricted-location rules in Penal Law 265.01-d, use of deadly force, suicide prevention, and marksmanship. You must score at least 80 percent on a written test and pass the live-fire proficiency standard.

Statute: N.Y. Penal Law 400.00(19)

Pistol License and Handguns

How many handguns am I allowed to have registered on my license?

Penal Law 400.00(7) requires the license to specify each weapon covered "by calibre, make, model, manufacturer's name and serial number," and Penal Law 400.00(9) lets a licensee outside New York City apply at any time to the licensing officer to amend the license "to include one or more such weapons or to cancel weapons held under license." The statute sets no cap on how many handguns may be listed. New York City licenses run under the City's own rules, so ask the NYPD License Division about those.

Statute: N.Y. Penal Law 400.00(7), 400.00(9)

Am I required to notify my licensing office if I move?

Yes. Notification of any change of residence must be made in writing within 10 days after the change. The record of the change is also inscribed on the reverse side of the license.

Statute: N.Y. Penal Law 400.00(9)

What if I move out of the county?

You must notify your licensing office within 10 days. Upon application by a licensee who has changed residence, the records or applications are transferred to the appropriate officer at the new place of residence.

Statute: N.Y. Penal Law 400.00(5)(a), 400.00(9)

What if I move out of state?

Under Penal Law 400.00(3)(a) you apply to the licensing officer in the city or county where you reside, are principally employed, or have your principal place of business. Under Penal Law 400.00(6) a license not otherwise limited as to place or time of possession is "effective throughout the state," and no further. A New York license does not authorize carry in another state. Whether another state honors it is that state's decision. Tell your licensing officer before you move and ask what it wants you to do with the license.

Statute: N.Y. Penal Law 400.00(3)(a), 400.00(6)

Can I carry my handgun anywhere with a concealed carry license?

No. Even with a carry license, Penal Law 265.01-e makes it a class E felony to possess a firearm, rifle, or shotgun in a "sensitive location." Treat the whole list as in force. The Second Circuit vacated the preliminary injunctions against the sensitive-location provisions in the Antonyuk litigation, and the Supreme Court denied certiorari on April 7, 2025. The list includes government buildings and courts, schools and colleges, libraries, public parks, playgrounds and zoos, health care and behavioral health facilities, homeless and domestic-violence shelters, public transportation and transit facilities, bars and other establishments licensed for on-premises alcohol consumption, theaters, stadiums, museums and other entertainment and sporting venues, polling places, public protests and assemblies, and the area commonly known as Times Square. The public parks provision, Penal Law 265.01-e(2)(d), was upheld against a facial challenge in Christian v. James, 176 F.4th 189 (2d Cir. 2026). The public transit and Times Square provisions, Penal Law 265.01-e(2)(n) and (2)(t), survived a request for preliminary relief in Frey v. Cheng (2d Cir. 2025). A separate transit claim in Christian went back to the district court when the stay there was lifted on August 17, 2026. It is unresolved, and the statute stays in force while it is pending.

Places of worship are on that list, and they are not an exception. Penal Law 265.01-e(2)(c) covers "any place of worship, except for those persons responsible for security at such place of worship," and it is in force. Carrying in a place of worship is criminal possession of a firearm in a sensitive location, a class E felony, unless you are one of the people responsible for security at that place of worship. The Second Circuit vacated the preliminary injunctions against this provision in the Antonyuk and Hardaway cases. The only relief still standing is the district court's preliminary injunction in the Spencer case, which the Second Circuit left intact and which reaches only Pastor Spencer, the Tabernacle Family Church, its members, and their agents and licensees. It protects nobody else. A place of worship is also private property, so its operator may exclude firearms on top of what the statute already does.

Separately, Penal Law 265.01-d makes it criminal possession of a weapon in a restricted location, a class E felony, to possess a firearm, rifle, or shotgun and enter or remain on private property where you know or reasonably should know that the owner or lessee has not permitted it by clear and conspicuous signage or by otherwise giving express consent. That statute has not been repealed and has not been invalidated. It is enjoined in part. On October 10, 2024 the U.S. District Court for the Western District of New York permanently enjoined the defendants from enforcing Penal Law 265.01-d "with respect to private property open to the public," and the Second Circuit affirmed that injunction on May 18, 2026 in Christian v. James, 176 F.4th 189. The State Police say on gunsafety.ny.gov that they are not currently enforcing the provision as to private property held open to the public. For a store, a restaurant, or a gas station, that flips the default: permission is presumed unless the owner or lessee withdraws it by conspicuous signage or by telling you directly, and you must honor that. As to private property that is not held open to the public, 265.01-d applies on its own terms, so you still need the owner's permission there. Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026), reached the same conclusion about a Hawaii law. It did not decide New York's.

Statute: N.Y. Penal Law 265.01-e, 265.01-d

How can I upgrade an older restricted permit to unrestricted carry?

Carrying concealed takes a license issued under paragraph (f) of subdivision two of Penal Law 400.00, which is a different license type from a premises or sport license. Moving to that type means meeting the requirements that attach to it: the in-person interview with the licensing officer, the household and four character reference disclosures under Penal Law 400.00(1)(o), and the 18-hour training under Penal Law 400.00(19). Ask your licensing officer, which outside New York City is the county licensing officer, what it requires to change your license type. Do not assume a restriction comes off on request.

Statute: N.Y. Penal Law 400.00(2)(f), 400.00(1)(o), 400.00(19)

How do I add a handgun purchased from another state to my license?

Federal law is the first hurdle. Under 18 U.S.C. 922(a)(3) an unlicensed person may not transport into or receive in the state where he resides any firearm obtained outside that state, so the handgun has to move dealer to dealer and reach you through a federal firearms licensee in New York, which runs the background check. Then Penal Law 400.00(9) applies: outside New York City a licensee "may apply at any time to his or her licensing officer for amendment of his or her license to include one or more such weapons." Add the handgun to your license before you take possession, and ask your licensing office what paperwork it wants.

Statute: N.Y. Penal Law 400.00(9); 18 U.S.C. 922(a)(3)

What should I do if my handgun is lost or stolen?

Report it to the police, and notify your licensing office so the record on your license is accurate. Safe storage in New York is a criminal offense provision, not just advice. Under Penal Law 265.45, a person who resides with someone under eighteen, or with someone they know or have reason to know is prohibited from possessing a firearm, may not leave a rifle, shotgun, or firearm out of their immediate possession or control without first locking it in an appropriate safe storage depository or rendering it incapable of being fired with a gun locking device. Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor. Penal Law 265.45(2) adds that a firearm left out of your immediate possession or control inside a vehicle must be unloaded and locked in an appropriate safe storage depository, out of sight from outside the vehicle, and a glove compartment does not count. The written warning your licensing officer gives you at issuance, required by Penal Law 400.00(18)(b), states the same rules.

Statute: N.Y. Penal Law 265.45, 400.00(18)(b)

License Recertification

How do I recertify my pistol license?

Recertify electronically through the New York State Police online portal at firearms.troopers.ny.gov/pprecert. Penal Law 400.00(10)(b) requires recertification to the division of state police and provides that "Failure to recertify shall act as a revocation of such license." State guidance adds a carve-out that matters to a large share of the state: people holding a license issued in New York City, Nassau County, Suffolk County, or Westchester County do not recertify with the State Police and must follow the requirements in place in their county. A semiautomatic rifle license is different again. Under Penal Law 400.00(10)(c) it is recertified to the applicable licensing officer, not the State Police, every five years, and failure to renew it is a violation punishable by a fine not to exceed two hundred fifty dollars.

Statute: N.Y. Penal Law 400.00(10)(b), 400.00(10)(c); Source: NY Gun Safety (gunsafety.ny.gov)

How often must I recertify a carry license?

Penal Law 400.00(10)(d) sets the carry cycle. Licenses issued under paragraph (f) of subdivision two "shall be recertified or renewed every three years following the issuance of such license." That overrides the general rule in Penal Law 400.00(10)(b), which is recertification to the State Police every five years.

Term is a separate question from recertification, and it turns on where the license was issued. Under Penal Law 400.00(10)(a), a license to carry or possess a pistol or revolver expires not more than three years after issuance in the city of New York, and not more than five years after issuance in the counties of Nassau, Suffolk, and Westchester. Everywhere else in the state, a license not previously revoked or cancelled "shall be in force and effect until revoked." Paragraph (d) still applies over the top of all of it for carry licenses.

Statute: N.Y. Penal Law 400.00(10)(a), 400.00(10)(b), 400.00(10)(d)

What if I provided false information on my application?

Penal Law 400.00(11)(a) is mandatory: the licensing officer "shall revoke any license issued in which an applicant knowingly made a material false statement on the application." Notice of that revocation must be in writing, must state the basis, and must be supported by a preponderance of the evidence, and it must tell you how to appeal under Penal Law 400.00(4-a). Knowingly providing false information on the public-records exception form can also subject the applicant to penalties under Penal Law 175.30, and voids the request for the exception.

Statute: N.Y. Penal Law 400.00(11)(a), 400.00(5)(b)

Semi-Automatic Rifle License

Do I need a separate license to purchase a semi-automatic rifle?

Yes. Since the 2022 amendments to Penal Law 400.00(2), you need a license to purchase or take possession of a semi-automatic rifle, separate from a pistol license. Purchasing or taking possession of a semi-automatic rifle without the required license is criminal purchase of a semiautomatic rifle under Penal Law 265.65, a class A misdemeanor for a first offense and a class E felony for subsequent offenses.

Statute: N.Y. Penal Law 400.00(2), 265.65

Is selling a semi-automatic rifle to someone without the required license a crime?

Yes. Criminal sale of a semiautomatic rifle, knowingly selling, exchanging, giving, or disposing of a semi-automatic rifle to a person who does not hold the required license, is a class E felony under Penal Law 265.66.

Statute: N.Y. Penal Law 265.66

Does the semi-automatic rifle license requirement apply to shotguns or other rifles?

No. The requirement applies to semi-automatic rifles. It does not apply to shotguns or to bolt-action, lever-action, or pump-action rifles. State guidance says a semi-automatic rifle the owner acquired before September 4, 2022 does not require the new license for the owner to keep it, and that semi-automatic rifles are not required to be listed on the license the way handguns are listed on a pistol license. A serialized lower receiver is treated as a major component rather than a semi-automatic rifle, so it may be transferred to someone without the license, though a background check is still required.

Source: NY Gun Safety - Resources for Gun Dealers (gunsafety.ny.gov)

Private Sales and Transfers

What are the rules for private firearm sales or transfers?

A background check must be conducted by a federal firearms licensee (FFL) before a firearm, rifle, or shotgun is sold or transferred between private parties, unless the transfer is exempt. New York's private-sale background-check requirement is set by General Business Law 898. Knowingly violating that article is a class A misdemeanor under General Business Law 898(6).

Statute: N.Y. General Business Law 898

Which family transfers are exempt from the private-sale background check?

General Business Law 898(1) defines "immediate family" for this purpose as "spouses, domestic partners, children and step-children," and state guidance says transfers to and between those relatives are exempt. Parents are not on that list, so a transfer to a parent goes through a dealer background check.

Statute: N.Y. General Business Law 898(1); Source: NY Gun Safety (gunsafety.ny.gov)

Is a dealer required to facilitate a private sale, and is there a fee cap?

A licensed dealer is not legally required to facilitate a private sale or transfer. A dealer who does facilitate one "may require that any sale or transfer conducted pursuant to this section be subject to a fee of not to exceed ten dollars per transaction" under General Business Law 898(4).

Statute: N.Y. General Business Law 898(4); Source: NY Gun Safety - Resources for Gun Dealers (gunsafety.ny.gov)

Ammunition

Is a background check required for ammunition purchases?

Yes. Penal Law 400.03(3) bars a licensed dealer in firearms or a seller of ammunition from transferring ammunition to anyone who is not a dealer or a seller of ammunition unless the transferor first contacts the statewide license and record database, receives a unique identification number, and verifies the buyer's identity from a valid state identification document. State guidance says that for this purpose "ammunition" only includes rimfire or conventional centerfire ammunition, or cartridges designed for use in a rifle, shotgun, or firearm, so BB-gun, pellet-gun, and paintball ammunition are outside it.

Statute: N.Y. Penal Law 400.03(3); Source: NY Gun Safety - Ammunition Registration (gunsafety.ny.gov)

Who must register as a seller of ammunition?

Penal Law 400.03(1) requires a seller of ammunition to register with the superintendent of state police, and exempts a dealer in firearms validly licensed under Penal Law 400.00 from completing that registration. State guidance explains the mechanics: a New York State licensed dealer is registered automatically and the FFL number serves as the registration number, anyone else engaged in the commercial sale of ammunition files a Seller of Ammunition Registration form with the State Police, and a separate registration is required for each retail location. The same guidance says people convicted of a felony, or involuntarily committed to a mental health facility, are prohibited from selling or possessing ammunition. Penal Law 400.03(2) also requires sellers and dealers to keep a transaction record for every ammunition transaction.

Statute: N.Y. Penal Law 400.03(1), 400.03(2); Source: NY Gun Safety - Ammunition Registration (gunsafety.ny.gov)

Magazines and the SAFE Act

What is the magazine capacity limit in New York?

New York limits magazines to 10 rounds. Penal Law 265.00(23) defines a "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip, or similar device "that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition," with narrow carve-outs for an attached tubular device that works only with .22 caliber rimfire ammunition and for a feeding device that is a curio or relic. Possessing one is criminal possession of a weapon in the third degree under Penal Law 265.02(8), a class D felony. Because the definition reaches a device that can be readily restored or converted, a magazine whose unaltered capacity exceeds 10 rounds has to be modified so it cannot be readily returned above 10.

Statute: N.Y. Penal Law 265.00(23), 265.02(8)

Is there a seven-round limit on how many rounds I can load?

Penal Law 265.37 is on the books. It makes it "unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition." Inside the possessor's home a first offense is a violation carrying a two hundred dollar fine, and a later offense is a class B misdemeanor. Anywhere else a first offense is a class B misdemeanor and a later offense is a class A misdemeanor. A separate rule about buying magazines was changed: New York suspended the requirement that only magazines holding seven rounds or fewer could be purchased, so magazines that hold up to 10 rounds may now be bought. That is a purchase rule, not the load limit. The load limit itself was held unconstitutional in New York State Rifle and Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015): the Second Circuit concluded that "New York's seven-round load limit does not survive intermediate scrutiny" and affirmed the judgment holding it unconstitutional. Section 265.37 was never repealed, and that holding rested on intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen (2022) with a test rooted in text and history. Confirm the current status of Penal Law 265.37 with the New York State Police before relying on any account of how it is applied.

Statute: N.Y. Penal Law 265.37; Case: New York State Rifle and Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015); Source: NY Gun Safety - Changes to the SAFE Act (gunsafety.ny.gov)

What about assault weapons?

New York's SAFE Act bans certain semi-automatic firearms classified as assault weapons. The definition is in Penal Law 265.00(22). Possessing one is criminal possession of a weapon in the third degree under Penal Law 265.02(7), a class D felony. Under Penal Law 400.00(16-a), an owner of a weapon covered by paragraph (e) or (f) of Penal Law 265.00(22) that was possessed before the 2013 law took effect had to apply to register it with the superintendent of state police, or amend an existing license, within one year. State guidance says most commercially available semi-automatic shotguns are not assault weapons, but confirm a specific firearm's status before relying on that.

Statute: N.Y. Penal Law 265.00(22), 265.02(7), 400.00(16-a)

Self-Defense and Use of Force

Does New York have a stand-your-ground law?

No. New York imposes a duty to retreat before using deadly physical force. Under Penal Law 35.15(2)(a), a person may not use deadly physical force if he or she knows that he or she can retreat with complete personal safety to self and others, except that there is no duty to retreat when in your own dwelling and you are not the initial aggressor. This dwelling exception is New York's version of the castle doctrine.

Statute: N.Y. Penal Law 35.15

When can I use force to defend my home?

Penal Law 35.20 governs the use of force in defense of premises and in defense against burglary. Deadly physical force against a person who is committing or attempting to commit a burglary of an occupied dwelling may be justified under the conditions set out in Penal Law 35.20(3). These are fact-specific standards, and any use of deadly force is judged against what a person reasonably believed was necessary.

Statute: N.Y. Penal Law 35.20, 35.15(2)(c)

Frames, Receivers, and Ghost Guns

Are unserialized frames, receivers, or ghost guns legal in New York?

No. Possession of an unserialized or unfinished frame or receiver by a person who is not a licensed gunsmith or dealer is criminal possession of a weapon in the fourth degree under Penal Law 265.01(10), a class A misdemeanor. Possession of a ghost gun by a non-licensee is also charged under Penal Law 265.01(9). Selling, exchanging, giving, or disposing of an unserialized or unfinished frame or receiver is criminal sale of a frame or receiver in the second degree under Penal Law 265.63, a class E felony. Selling 10 or more within one year is criminal sale of a frame or receiver in the first degree under Penal Law 265.64, a class D felony. An "unfinished frame or receiver" is defined in Penal Law 265.00(32). Manufacturing is graded separately: as amended effective August 25, 2026, Penal Law 265.10(1) makes manufacturing a ghost gun, an unfinished frame or receiver, a firearm silencer, or a major component of a firearm a class D felony, and Penal Law 265.10(2) makes transporting or shipping a ghost gun a class D felony.

Statute: N.Y. Penal Law 265.01(9), 265.01(10), 265.63, 265.64, 265.00(32), 265.10(1), 265.10(2)

Hunting and Long Guns

How do New York's gun laws affect hunting?

New York's firearms laws generally do not restrict which firearms may be used for hunting beyond the 10-round magazine limit, but the Environmental Conservation Law adds its own restrictions, and they are tighter. Environmental Conservation Law 11-0931(1)(c) bars using in hunting, or possessing in the fields or forests or on the waters of the state, any auto-loading firearm built to hold more than six shells in the magazine and chamber combined. The exceptions are a firearm using .22 caliber rim-fire ammunition, a firearm altered so it holds no more than six shells in the magazine and chamber combined, and an auto-loading pistol with a barrel under eight inches. Section 11-0931(1)(a) and (b) also bar silencers and automatic firearms. Those limits are independent of the general 10-round magazine rule. For hunting-specific questions, including season and implement rules, consult the Department of Environmental Conservation.

Statute: N.Y. Environmental Conservation Law 11-0931(1); Source: NY Gun Safety - Resources for Hunters (gunsafety.ny.gov)

Can I hunt with a rifle on Long Island or in Westchester County?

No. Environmental Conservation Law 11-0931(5)(a) prohibits using a rifle to hunt on Long Island or in Westchester County, and carrying a rifle in the woodlands there is presumptive evidence of unlawful hunting use. The prohibition does not apply to members of organized target-shooting clubs carrying unloaded rifles to and from a range.

Statute: N.Y. Environmental Conservation Law 11-0931(5)(a)

Mental Health Reporting

What is the mental health reporting requirement under MHL 9.46?

Mental Hygiene Law 9.46 requires certain mental health professionals to report to their local director of community services when, in their reasonable professional judgment, a patient is likely to engage in conduct that would result in serious harm to self or others. If the reported person holds a firearms license, the licensing official must suspend or revoke it, as reflected in Penal Law 400.00(11)(b). A report under section 9.46 is also a disqualifying factor for license eligibility under Penal Law 400.00(1)(j). Professionals who use reasonable professional judgment and good faith are shielded from civil and criminal liability for the reporting decision.

Statute: N.Y. Mental Hygiene Law 9.46; N.Y. Penal Law 400.00(1)(j), 400.00(11)(b)

Public Records Opt-Out (FOIL)

Can I keep my pistol license information from being publicly disclosed?

Yes. Penal Law 400.00(5)(b) lets an applicant request an exception so that application information does not become a public record. You complete the request form, identify the ground that applies (for example, that disclosure could endanger your life or safety, or subject you to harassment), and submit it to your licensing office. The request can be made at any time, including after a license is granted.

Statute: N.Y. Penal Law 400.00(5)(b), 400.00(5)(e)

Fingerprinting

How does New York capture fingerprints for pistol licenses?

Fingerprinting is part of the statutory investigation. Penal Law 400.00(4) requires the police authorities of the locality where the application is made to investigate all statements in the application, and provides that the investigating officer take fingerprints and physical descriptive data in quadruplicate of each individual signing the application, with the cards going to the Division of Criminal Justice Services and the Federal Bureau of Investigation. How the appointment is scheduled and what identification to bring is set by the office handling your application, which is your county licensing office outside New York City and the NYPD License Division inside it. Ask that office directly.

Statute: N.Y. Penal Law 400.00(4)

New York City

Is New York City handled the same way as the rest of the state?

No. New York City runs its own handgun-licensing system through the NYPD License Division, under New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York. Penal Law 400.00(6) is the state-law hinge: a license not otherwise limited is effective throughout the state, "except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city." The same subdivision carves out narrow transport situations, including firearms carried in a locked container on a continuous and uninterrupted trip through the city. If you live in or travel into New York City, confirm the City's separate requirements with the License Division.

Statute: N.Y. Penal Law 400.00(6); NYC Administrative Code 10-131; 38 RCNY

Federal Context

Lautenberg Amendment - 18 U.S.C. 922(g)(9). It is unlawful for a person "who has been convicted in any court of a misdemeanor crime of domestic violence" to ship or transport a firearm or ammunition in interstate or foreign commerce, to possess one in or affecting commerce, or to receive one that has been shipped or transported in interstate or foreign commerce. That bar runs independently of state law and applies even when the state conviction did not itself involve a firearm.

Federal prohibited persons - 18 U.S.C. 922(g). The federal firearm-possession bars cover categories such as felons, persons subject to qualifying domestic-violence protective orders, and unlawful users of controlled substances. A separate provision, 18 U.S.C. 922(n), bars a person under indictment for a felony from receiving a firearm. New York's eligibility rules in Penal Law 400.00(1) incorporate several of these federal concepts.

Interstate transport - 18 U.S.C. 926A. Federal law protects the transport of an unloaded, locked-away firearm through a state where you could not otherwise carry it, provided you can lawfully possess it at both origin and destination. This is a narrow safe harbor and does not authorize carry or possession during stops in New York.

Airports and aircraft - 49 U.S.C. 46505. Carrying a firearm into a secured airport area or onto an aircraft is a federal crime under 49 U.S.C. 46505. Firearms must be unloaded, in a locked hard case, and declared at the airline ticket counter for checked baggage.

LEOSA - 18 U.S.C. 926B and 926C. Qualified active and retired law enforcement officers may carry under the federal Law Enforcement Officers Safety Act. New York recognizes these officers in several places, including the sensitive-location and restricted-location exemptions in Penal Law 265.01-e(3) and 265.01-d(2).

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This content is general information, not legal advice. Firearm laws change through legislation and court decisions, and New York's CCIA provisions in particular remain subject to active litigation. Confirm the current status of any rule with the New York State Police, your county licensing office, or a qualified attorney before you act.

New York Firearm Laws: Other Topics

The Headline

This section covers New York firearm rules that do not fit cleanly into the other sections of this guide: private sales and the universal-background-check requirement, dealer transfers, ammunition rules, magazine capacity, antique and NFA-edge categories, sales to people under 21, mental-health reporting and firearm prohibition, the justification framework that governs justified force, frame and receiver crimes, rapid-fire-device and pistol-converter crimes, digital firearm manufacturing code, the hunting overlay, and the federal law that runs in parallel with all of it. If a question does not belong in PERMIT_BASICS, CONSTITUTIONAL_CARRY, CONCEALED_CARRY, OPEN_CARRY, TRAINING_REQUIREMENTS, APPLICATION_PROCESS, FEES_COSTS, RENEWAL_PROCESS, PROHIBITED_PLACES, VEHICLE_CARRY, TRANSPORT, STORAGE, USE_OF_FORCE, CASTLE_DOCTRINE, DUTY_TO_INFORM, UNDER_INFLUENCE, RESTRICTIONS, NFA_ITEMS, RED_FLAG, PREEMPTION, RECIPROCITY, RESOURCES, or FAQ, the short answer is here.

New York is a licensed-carry state, not a permitless or constitutional-carry state. To possess or carry a handgun you need a license to carry under Penal Law 400.00. Most of what shows up in this catch-all is regulated at the state level under Penal Law Article 265 (Firearms and Other Dangerous Weapons), Article 400 (Licenses to Carry, Possess, Repair and Dispose of Firearms and Ammunition), and the Concealed Carry Improvement Act of 2022 (CCIA, L 2022, ch 371), which took effect September 1, 2022. Where another section of this guide owns the operative state-law text, this section cross-references that section. The federal framework, including the Gun Control Act of 1968, the National Firearms Act, and the Supreme Court decisions in Heller, McDonald, New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022), and United States v. Rahimi (2024), sits on top of every New York rule.

What the carry license requires

The CCIA removed the old "proper cause" standard that Bruen struck down and replaced it with enhanced eligibility rules. Under Penal Law 400.00(1)(b), an applicant must be of "good moral character," which the statute defines as "having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." A carry-license applicant under Penal Law 400.00(1)(o) must meet in person with the licensing officer for an interview, supply contact information for a spouse or domestic partner and other adults in the home, supply at least four character references, and certify completion of the required training. The CCIA also added Penal Law 400.00(1)(o)(iv), requiring a list of former and current social media accounts from the past three years, but as explained below that subparagraph is on the books and off the application form. Under Penal Law 400.00(19), the training is an in-person live firearms safety course of at least 16 hours of classroom curriculum plus at least 2 hours of live-fire range training, for 18 hours total, with an 80 percent written-test score and a live-fire proficiency demonstration.

The social-media-disclosure requirement in Penal Law 400.00(1)(o)(iv) was one of the most heavily litigated pieces of the CCIA, and its status is narrower than it is usually described. No court has held it unconstitutional, and the Legislature has not repealed it. In Antonyuk v. James the Second Circuit affirmed the district court's preliminary injunction against enforcing the clause, reasoning that "[c]onditioning a concealed carry license on such a disclosure imposes a burden on the right to bear arms that is without sufficient analogue in our Nation's history or tradition of firearms regulation." A stipulation of partial settlement in that case, so ordered by U.S. District Judge Glenn T. Suddaby on March 30, 2026, added a permanent injunction against enforcing the subparagraph against the plaintiff there, together with the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." That injunction terminates if the Legislature repeals the subparagraph, and a consent stipulation carries no precedential value. The practical result for an applicant today is simple. The statutory text stays in the Penal Law, and the current PPB-3 does not ask for social media accounts. The good-moral-character standard, the in-person interview, the four character references, and the 18-hour training requirement all remain operative. For the full licensing walkthrough, see PERMIT_BASICS, APPLICATION_PROCESS, and TRAINING_REQUIREMENTS.

Possession without a license is a crime

Carrying or possessing a handgun without the required license is charged under Article 265. The base offense is criminal possession of a firearm under Penal Law 265.01-b, a class E felony, which reaches a person who possesses any firearm. New York's definition of "firearm" in Penal Law 265.00(3) means a pistol or revolver, a short-barreled shotgun or rifle, an assault weapon, or certain other concealable weapons, so an unlicensed handgun falls squarely within it. Lesser and greater charges layer on top:

• Criminal possession of a weapon in the fourth degree, Penal Law 265.01, is a class A misdemeanor.
• Criminal possession of a weapon in the third degree, Penal Law 265.02, is a class D felony. It reaches, among other things, possession of a firearm silencer or machine-gun, a defaced firearm, three or more firearms, an assault weapon, or a large capacity ammunition feeding device.
• Criminal possession of a weapon in the second degree, Penal Law 265.03, is a class C felony. It reaches possession of any loaded firearm outside the home or place of business, possession of five or more firearms, and possession of a machine-gun, loaded firearm, or disguised gun with intent to use it unlawfully.

Penal Law 265.20 sets out the statutory exemptions to these offenses. See CONCEALED_CARRY and RESTRICTIONS for the operative carry and prohibitor analysis.

Sensitive and restricted locations

The CCIA created two location regimes that are central to lawful carry. Penal Law 265.01-e makes it a class E felony to possess a firearm, rifle, or shotgun in a "sensitive location" when the person knows or reasonably should know the location is sensitive. The statutory list is long. It includes government buildings and courts, health and behavioral health facilities, places of worship, libraries, public parks, public playgrounds and zoos, schools and colleges, childcare and youth programs, homeless and domestic-violence shelters, public transit and transit facilities, bars and on-premises cannabis-consumption sites, theaters, stadiums, museums, amusement parks and other entertainment and gaming venues, polling places, permitted public gatherings and protests, and the area commonly known as Times Square. The statute also lists exemptions, including active and qualified retired law enforcement under 18 U.S.C. 926B and 926C, certain security guards, active-duty military, and persons lawfully hunting or engaged in firearms training. All twenty paragraphs of the sensitive-location list, (a) through (t), are in force, and a knowing violation is a class E felony.

The place-of-worship entry needs a direct warning, because it is commonly stated backwards. Penal Law 265.01-e(2)(c) is in force. It reaches "any place of worship, except for those persons responsible for security at such place of worship," and carrying there is criminal possession of a firearm in a sensitive location, a class E felony, like any other entry on the list. The security exception the Legislature added in 2023 is the only carve-out written into the statute, and a congregation may designate members of its own security team to come within it. In the Antonyuk litigation the Second Circuit vacated the district court's preliminary injunction against the place-of-worship provision. One district court preliminary injunction survived, in the companion Spencer case, and the Second Circuit left it intact, but it prohibits enforcement only against the plaintiffs in that case and protects nobody else. A place of worship is also private property, so its operator may prohibit firearms through signage or property law. That is a separate and true point, and it does not make general carry in a place of worship lawful. A license holder who is not responsible for security at that place of worship, and who is not a plaintiff in Spencer, commits a class E felony by carrying there.

Penal Law 265.01-d created the restricted-location rule, which on its face makes private property a default no-carry zone. It makes it a class E felony to possess a firearm, rifle, or shotgun on private property where the person knows or reasonably should know that the owner or lessee has not permitted such possession, either by clear and conspicuous signage indicating that carrying is permitted or by otherwise giving express consent. That statute has not been repealed and has not been struck down. It is enjoined in part. On October 10, 2024 the U.S. District Court for the Western District of New York permanently enjoined the defendants and those acting with them "from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public," and the Second Circuit affirmed that permanent injunction in Christian v. James, 176 F.4th 189 (2d Cir. May 18, 2026). New York State Police say the same thing on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." So at a store, diner, pharmacy, or gas station, the express-consent default is not being enforced, and the owner's right to exclude is what governs. A carrier must still honor a posted prohibition or a direct instruction to leave. As to private property that is not held open to the public, Penal Law 265.01-d applies on its own terms and the injunction does nothing for it. Wolford v. Lopez (U.S. June 25, 2026) held that a Hawaii law barring licensed carry on private property open to the public without the owner's express authorization violates the Second and Fourteenth Amendments. That decision confirms the Second Circuit's result about a different state's statute. It is not the ruling that reached New York's.

Both provisions were challenged in the Antonyuk litigation, which ran under the names Antonyuk v. Hochul, Antonyuk v. Chiumento, and Antonyuk v. James. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), decided on remand October 24, 2024, the Second Circuit upheld the bulk of the CCIA. It vacated the district court's preliminary injunctions against the good-moral-character standard, the catch-all disclosure provision, the cohabitant requirement, and the sensitive-location provisions before it, and preserved relief only as to Penal Law 400.00(1)(o)(iv) and Penal Law 265.01-d as applied to private property held open to the general public. The Supreme Court denied certiorari on April 7, 2025 (No. 24-795). In Christian v. James, 176 F.4th 189 (2d Cir. 2026), the Second Circuit affirmed the permanent injunction against the private-property provision as applied to property open to the public and, in the same decision, affirmed judgment for the State on the public-parks ban. Public parks remain a class E felony location. The litigation is not over. The stay in Christian was lifted on August 17, 2026 and the remaining issue there is undecided, summary-judgment briefing in Antonyuk closes September 18, 2026, and the Christian plaintiffs have said they anticipate petitioning for certiorari on the public-parks ban. None of that pending work changes the statutes now in force. See PROHIBITED_PLACES for the operative location analysis.

Private firearm sales and transfers

New York requires a background check for nearly all private firearm sales. The operative statute is General Business Law 898, not the pistol-licensing statute. Under General Business Law 898, any sale, exchange, or disposal of a firearm, rifle, or shotgun between private parties must run through a federally licensed dealer who requests a NICS check through the New York State Police, unless the transfer is between members of an immediate family. The dealer may not deliver the firearm until NICS issues a "proceed" response, or 30 calendar days pass without a denial. The statute defines "immediate family" as spouses, domestic partners, children, and step-children. A dealer may require that a sale or transfer conducted under the section be subject to a fee of not more than ten dollars per transaction. A knowing violation of General Business Law 898 is a class A misdemeanor.

The federal rules apply in parallel:

• 18 U.S.C. 922(d) makes it a federal crime to transfer any firearm or ammunition to a person the transferor knows or has reasonable cause to believe is in a prohibited category.
• 18 U.S.C. 922(a)(5) prohibits the transfer of a firearm between residents of different states except through a licensed dealer. A New York resident generally may not receive a handgun directly from an out-of-state seller. The firearm must route through a dealer, and a New York buyer must add a handgun to a pistol license at the County Clerk before taking possession.
• 18 U.S.C. 922(t) requires a NICS check for transfers through a licensed dealer.

For the operative licensing statute, see PERMIT_BASICS.

Sales to people under 21

New York sets a 21-year-old floor for pistol licensing under Penal Law 400.00(1)(a) (with an exception for honorable military discharge). The CCIA also created a license requirement to purchase or possess a semiautomatic rifle. A person who purchases or takes possession of a semiautomatic rifle without the license required by Penal Law 400.00(2) commits criminal purchase of a semiautomatic rifle under Penal Law 265.65, a class A misdemeanor for a first offense and a class E felony for subsequent offenses. Selling a semiautomatic rifle to a person who lacks that license is criminal sale of a semiautomatic rifle under Penal Law 265.66, a class E felony.

Federal law layers on additional rules:

• 18 U.S.C. 922(b)(1) bars a licensed dealer from selling a handgun to a person under 21 and a long gun to a person under 18.
• 18 U.S.C. 922(x) restricts private transfers of handguns and handgun ammunition to persons under 18, with narrow exceptions for supervised sporting use, ranching and farming, and similar activities.

Ammunition

New York requires a separate state-level point-of-sale background check on ammunition sales in addition to the firearm background check, administered through the New York State Police. A dealer or registered seller of ammunition may not transfer ammunition to a buyer who is not a dealer or registered seller until the buyer passes the check. "Seller of ammunition" is defined in Penal Law 265.00(24). Federal law still applies in parallel:

• 18 U.S.C. 922(a)(7) and 922(a)(8) restrict the manufacture, importation, sale, and delivery of armor-piercing ammunition.
• 18 U.S.C. 922(g) prohibits ammunition possession by the same prohibited categories that apply to firearms.
• 18 U.S.C. 922(d) prohibits transferring ammunition to a person known to be prohibited.

Magazine capacity

New York's general magazine capacity limit is 10 rounds. A magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition is a "large capacity ammunition feeding device" under Penal Law 265.00(23). The definition carves out an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition, and a feeding device that qualifies as a curio or relic. Possession of a large capacity ammunition feeding device is criminal possession of a weapon in the third degree under Penal Law 265.02(8), a class D felony. The supply-side offenses carry the same grade: manufacturing one is a class D felony under Penal Law 265.10(1), transporting or shipping one is a class D felony under Penal Law 265.10(2), and disposing of one is a class D felony under Penal Law 265.10(3). Penal Law 265.20 sets out the exemptions.

A separate statute, Penal Law 265.37, makes it unlawful for a person to knowingly possess an ammunition feeding device where the device contains more than 7 rounds of ammunition. It is graded by location. Inside the possessor's own home, a first offense is a violation carrying a $200 fine, and each subsequent offense is a class B misdemeanor carrying that fine plus up to three months of imprisonment. Anywhere other than the possessor's home, a first offense is a class B misdemeanor carrying a $200 fine and up to six months, and each subsequent offense is a class A misdemeanor. Penal Law 265.20(e) carries a narrow exemption for a qualified retired New York or federal law enforcement officer, as defined in Penal Law 265.00(25). It is not a blanket exemption for retired officers. It reaches only large capacity ammunition feeding devices "issued to such officer or purchased by such officer in the course of his or her official duties and owned by such officer at the time of his or her retirement or comparable replacements for such devices," and it applies only if the further conditions the subdivision sets out are met, including that the employing agency qualified the officer in the use of the weapon that accepts the device. A retired officer relying on this should read the whole of 265.20(e) rather than the summary here. Do not confuse the load rule with the purchase rule. New York describes the SAFE Act amendments as "[s]uspending the requirement that only magazines that can contain 7 rounds or less can be purchased," and says that "[g]oing forward, magazines can be purchased that can contain up to 10 rounds." That change is about what may be bought. Penal Law 265.37 itself has not been repealed and keeps its own graded offense. The load limit was held unconstitutional in New York State Rifle and Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), where the Second Circuit concluded that "New York's seven-round load limit does not survive intermediate scrutiny in the absence of requisite record evidence and a substantial relationship between the statutory provision and important state safety interests" and affirmed the judgment holding the provision unconstitutional. That analysis was intermediate scrutiny, the means-end framework the Supreme Court replaced in Bruen with a test rooted in the Second Amendment's text as informed by history. Check the current statutory text and current State Police guidance before relying on any other reading of it.

Antique firearms

Federal law at 18 U.S.C. 921(a)(16) defines "antique firearm" broadly to include pre-1899 firearms with matchlock, flintlock, percussion cap, or similar ignition, replicas of such firearms, and muzzle-loading rifles, shotguns, and pistols designed to use black powder and incapable of using fixed ammunition. Such firearms are not "firearms" under the federal Gun Control Act and are exempt from many federal rules.

New York's definition is narrower. Under Penal Law 265.00(14), an "antique firearm" is limited to an unloaded muzzle-loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar ignition system, or a pistol or revolver that uses fixed cartridges no longer available in ordinary commercial trade. New York's definitions of "rifle" and "shotgun" in Penal Law 265.00(11) and 265.00(12) expressly include muzzle-loading, flintlock, and black powder long guns. The practical result is that a muzzle-loading rifle or shotgun is treated as a rifle or shotgun under New York law and a private sale of one is subject to the General Business Law 898 background-check requirement, even though the same firearm is exempt under federal law.

NFA items

Suppressors, short-barreled rifles, short-barreled shotguns, machine-guns, destructive devices, and Any Other Weapons registered and lawfully transferred under the federal National Firearms Act (26 U.S.C. Chapter 53; definitions at 26 U.S.C. 5845) are generally not lawful to possess in New York absent a narrow state-law exception. New York independently criminalizes most of these items regardless of federal compliance. Possession of a firearm silencer or machine-gun is criminal possession of a weapon in the third degree under Penal Law 265.02(2), a class D felony, and possession of a machine-gun or disguised gun with intent to use it unlawfully against another is criminal possession of a weapon in the second degree under Penal Law 265.03(1), a class C felony. On the supply side, manufacturing a machine-gun or a firearm silencer is a class D felony under Penal Law 265.10(1), transporting or shipping one is a class D felony under Penal Law 265.10(2), and disposing of one is a class D felony under Penal Law 265.10(3). An amendment effective August 25, 2026 widened the reach of all of those offenses. Penal Law 265.00(1) now defines "machine-gun" to include "any convertible pistol that is equipped with a pistol converter," so a converted pistol is a machine-gun for purposes of Article 265.

Federal law changed the NFA tax. Under Pub. L. 119-21, the making and transfer tax falls to $0 for suppressors, short-barreled rifles, short-barreled shotguns, and Any Other Weapons, and remains $200 for machine-guns and destructive devices, effective for calendar quarters beginning more than 90 days after July 4, 2025, with the first qualifying quarter starting January 1, 2026. That federal tax change does not alter New York's independent state-level criminal prohibitions. See NFA_ITEMS for the full treatment.

Rapid-fire modification devices

Penal Law 265.01-c makes it a class A misdemeanor to knowingly possess a rapid-fire modification device. Penal Law 265.00(26) defines that device to include any bump stock, trigger crank, binary trigger system, burst trigger system, pistol converter, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun. Manufacturing, transporting or shipping, or disposing of one is a class E felony under Penal Law 265.10(1), (2) and (3).

Amendments effective August 25, 2026 rewrote the pistol-converter rules, and they are the newest law in this section. Penal Law 265.00(36) now defines a "pistol converter" as a device that, when installed in or attached to the rear of the slide of a semi-automatic pistol, replaces the backplate and interferes with the trigger mechanism so that the pistol discharges rapidly or automatically with one continuous pull of the trigger. The superseded text reached a device installed in or attached to the slide, with no backplate element. New Penal Law 265.00(37) defines a "convertible pistol" as a semi-automatic pistol with a cruciform trigger bar that can be readily altered by hand or with common household tools so that installing or attaching a pistol converter converts it into a machine-gun. That subdivision names the tools it counts as common household tools, excludes hammer-fired pistols and striker-fired pistols that lack a cruciform trigger bar, and provides that a notch, tab, or other piece of material on the frame does not prevent ready alteration if it can be readily removed with those tools. New Penal Law 265.00(40) defines the cruciform trigger bar itself. The consequence that matters most sits in the machine-gun definition. Because Penal Law 265.00(1) now sweeps in any convertible pistol equipped with a pistol converter, a converted pistol carries the machine-gun gradings described above, not the class A misdemeanor. Separately, beginning May 31, 2027, a dealer in firearms or gunsmith who sells, transfers, disposes of, or transports or ships as merchandise a convertible pistol is guilty of a class D felony under Penal Law 265.10(10). New York's prohibitions in this area rest on state statutory authority and apply whatever a device is called under federal law.

Frames and receivers (ghost guns)

New York prohibits unserialized and "unfinished" frames and receivers. An "unfinished frame or receiver" is defined in Penal Law 265.00(32) as unserialized material that has been shaped or formed for the purpose of becoming a frame or receiver and that may readily be made functional through milling, drilling, or other means. Possession is reached through the fourth-degree weapon-possession statute. Under Penal Law 265.01(10), a person who is not a licensed gunsmith or dealer and who knowingly possesses an unserialized or unfinished frame or receiver commits criminal possession of a weapon in the fourth degree, a class A misdemeanor, and under Penal Law 265.01(9) the same applies to knowing possession of an unserialized "ghost gun."

Sale offenses are charged separately. Criminal sale of a frame or receiver in the second degree under Penal Law 265.63, for selling, exchanging, giving, or disposing of an unserialized or unfinished frame or receiver, is a class E felony. Criminal sale of a frame or receiver in the first degree under Penal Law 265.64, for disposing of a total of ten or more in a period of not more than one year, is a class D felony. Amendments effective August 25, 2026 raised the manufacturing gradings. Penal Law 265.10(1) now makes it a class D felony to manufacture or cause to be manufactured a ghost gun, an unfinished frame or receiver, a firearm silencer, or a major component of a firearm, alongside a machine-gun, assault weapon, large capacity ammunition feeding device, or disguised gun. Penal Law 265.10(2) now makes transporting or shipping a ghost gun a class D felony.

The same amendments added a digital layer aimed at printed and machined guns. Penal Law 265.00(38) defines a "three-dimensional printer," and Penal Law 265.00(39) defines "digital firearm manufacturing code" as digital instructions, in computer-aided design files or other code stored and displayed in electronic format, that may be used to program a three-dimensional printer or a computer numerical control milling machine to produce a firearm, rifle, shotgun, ghost gun, unfinished frame or receiver, firearm silencer, rapid-fire modification device, or major component of a firearm. Under new Penal Law 265.10(11), knowingly selling, offering to sell, transferring, distributing, selling access to, providing, or otherwise disposing of that code to a person who does not hold both a gunsmith license under Penal Law 400.00 and a valid federal firearms license is a class A misdemeanor. The subdivision states three exceptions: a reasonable belief that the recipient will not use the code in violation of the section, neither party being in New York State, or the recipient holding both licenses. Under new Penal Law 265.10(12), possessing the code with intent to manufacture illegally, or to distribute it to a New York recipient the sender knows or reasonably should know is prohibited, or to a New York recipient who lacks both licenses, is also a class A misdemeanor.

Self-defense and justified force

New York imposes a duty to retreat before using deadly physical force outside the home. Under Penal Law 35.15, a person may not use deadly physical force if the person knows that with complete personal safety to oneself and others the necessity can be avoided by retreating. The statute carves out an exception so that a person is under no duty to retreat when in his or her own dwelling and not the initial aggressor. New York has no stand-your-ground rule. Penal Law 35.20 separately governs the use of force in defense of premises and in defense against burglary. New York does not maintain a stand-alone civil-immunity statute for justified force, and there is no special pretrial immunity hearing. The justification framework in Penal Law Article 35 governs both the criminal-charging and the civil-liability analysis. For the substantive analysis of when force, including deadly force, is permitted, see USE_OF_FORCE and CASTLE_DOCTRINE.

Mental-health reporting and firearm prohibition

Mental Hygiene Law 9.46 requires certain mental health professionals to report to their local director of community services when, in their reasonable professional judgment, a patient is likely to engage in conduct that would result in serious harm to self or others. That information can be matched against firearm-license records, and a 9.46 report is one of the disqualifiers expressly listed in the pistol-licensing eligibility statute, Penal Law 400.00(1)(j). A licensing officer who learns that a licensee is the subject of such a report acts under Penal Law 400.00(11), which governs suspension and revocation of a license. Mental health professionals who exercise reasonable professional judgment in good faith are protected from liability for the reporting decision.

A federal layer overlays the state framework. 18 U.S.C. 922(g)(4) prohibits any person who has been adjudicated as a mental defective or committed to a mental institution from possessing firearms or ammunition. For New York's full prohibitor analysis and any state-side relief procedure, see RESTRICTIONS and RED_FLAG.

Hunting

The New York State Department of Environmental Conservation regulates which firearms and ammunition are legal for which species and seasons. Environmental Conservation Law 11-0931 contains the operative firearm rules for hunting. Subdivision 1 bars hunting with a silencer or an automatic firearm and bars use of an auto-loading firearm constructed to hold more than six shells in the magazine and chamber combined, with exceptions for a .22 rimfire firearm, a firearm altered to hold no more than six shells, and an auto-loading pistol with a barrel less than eight inches long. This six-shell hunting limit is separate from the 10-round general magazine capacity limit in the Penal Law. Subdivision 5 prohibits using a rifle for hunting on Long Island or in Westchester County, and carrying a rifle in the woodlands in those areas is presumptive evidence of illegal use, with an exception for members of an organized target shooting club carrying unloaded rifles to and from a range. For DEC contact information and the current published hunting guide, see RESOURCES.

Firearm theft reporting

New York imposes a mandatory reporting duty. Under Penal Law 400.10, any owner or other person lawfully in possession of a firearm, rifle, or shotgun who suffers its loss or theft must report the facts and circumstances to a police department or sheriff's office within 24 hours of discovering the loss or theft. Failure to make that report is a class A misdemeanor. Beyond the legal duty, a prompt police report creates a record that protects the owner if the firearm is later recovered in connection with a crime. Check your own insurance policy for what it requires.

New York City is separate

New York City runs its own, stricter handgun-licensing system, administered by the NYPD License Division. It is governed by the New York City Administrative Code, including Section 10-131, and the Rules of the City of New York at Title 38. A handgun license issued by a county outside the city does not by itself authorize carry in New York City. Administrative Code 10-131(a)(3) contemplates that a person holding a license issued by someone other than the police commissioner applies for "a special permit from the commissioner granting it validity within the city of New York," and the Title 38 rules tie that Special License to a valid New York State county carry license, which the rules make void if the county license is revoked, cancelled, suspended, or surrendered. Treat New York City as a separate jurisdiction for licensing purposes. See PREEMPTION for how state and local authority interact.

Federal interplay

Every New York firearm question runs in parallel with federal law. The principal federal references:

• 18 U.S.C. 921 defines core terms, including "firearm," "antique firearm," and the prohibited-person categories.
• 18 U.S.C. 922(g) lists the federal prohibitor categories. Note that "under indictment" is addressed separately in 18 U.S.C. 922(n), not 922(g).
• 18 U.S.C. 922(q) is the Gun Free School Zones Act.
• 18 U.S.C. 922(t) is the NICS requirement at licensed dealers.
• 18 U.S.C. 925A governs erroneous NICS denials.
• 18 U.S.C. 926A is the FOPA peaceable-journey rule for interstate transport. New York and New York City have applied it narrowly. See RECIPROCITY and TRANSPORT for the operative caveats.
• 18 U.S.C. 926B and 926C are the LEOSA carry authorities for active and qualified retired law enforcement officers. They are federal authorities, not New York exemptions.
• 18 U.S.C. 930 restricts firearm possession in federal facilities.
• 26 U.S.C. Chapter 53 is the National Firearms Act, with definitions at 26 U.S.C. 5845.

When state and federal law differ, New York's regime is generally more restrictive. State silence does not displace a federal prohibition, and a New York restriction is independently enforceable even where federal law is permissive.

Update cadence

New York firearm statutes change with the legislative session. The CCIA restructured concealed carry in 2022. Amendments to Penal Law 265.00 and Penal Law 265.10 covering convertible pistols, pistol converters, ghost guns, and digital firearm manufacturing code took effect August 25, 2026, and one convertible-pistol dealer offense at Penal Law 265.10(10) begins May 31, 2027. Federal litigation over the CCIA continues, and the enforcement posture changes as rulings issue. Verify any rule in this section against the current Penal Law, the New York bill tracker, and current State Police guidance before relying on it.