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 crimes, 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 required applicants to provide a list of current and former social media accounts from the past three years, but as explained below that social-media-disclosure requirement has been struck down and is not enforced. 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. In Antonyuk v. James, the Second Circuit held it unconstitutional. It has been struck down and is not being enforced, so an applicant is not required to disclose 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. The sensitive-location restriction is generally operative, and a knowing violation is a criminally enforceable class E felony.

One item on the statutory list is an exception. The place-of-worship restriction under Penal Law 265.01-e(2)(c) is not enforced. A federal district court enjoined that subsection, the Second Circuit affirmed the injunction as to places of worship, and a license holder generally may carry in a place of worship. A place of worship is still private property, so its operator may prohibit firearms through clear signage or property law, and persons responsible for security at the site are separately exempt. Do not treat the place-of-worship criminal ban as currently enforced.

Penal Law 265.01-d creates the restricted-location rule, which on its face makes private property a default no-carry zone. As written, it is 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 allowed carry, either by clear and conspicuous signage permitting it or by express consent. A federal district court in the Western District of New York held that statutory default-no-carry rule unconstitutional, and its enforceability is unsettled while the appeal proceeds, so do not treat the 265.01-d default as firmly operative. That does not mean free carry on private property. A private owner may always bar firearms under property and trespass law, so the safe practice is to carry on private commercial property only where the owner permits it.

Both provisions were challenged in Antonyuk v. James, the litigation that began as Antonyuk v. Hochul and Antonyuk v. Chiumento. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), the Second Circuit upheld the bulk of the CCIA, including the good-moral-character standard and most of the sensitive-location list, and the Supreme Court denied review in 2025. The court carved out the place-of-worship restriction, affirming the injunction against it, and held the social-media-disclosure requirement unconstitutional. The private-property default in Penal Law 265.01-d was struck by a federal district court and its appellate status remains unsettled. The enforcement posture continues to shift as further rulings issue, so verify the current status of any specific subsection against New York State Police guidance before relying on it. See PROHIBITED_PLACES for the operative location analysis.

Private firearm sales and transfers

Unlike most states, 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 charge a fee of up to ten dollars per transaction but is not required to facilitate a private sale. 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 that holds, or 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), with narrow exceptions for a tubular .22 rimfire device and for 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. A separate, lesser offense at Penal Law 265.36 covers knowing possession of a pre-1994 device that holds more than 10 rounds and was lawfully possessed before the 2013 SAFE Act, and that offense is a class A misdemeanor.

A separate statute, Penal Law 265.37, on its face makes it unlawful to possess an ammunition feeding device loaded with more than 7 rounds. That 7-round load limit was struck down as unconstitutional in New York State Rifle and Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), and is not enforced. The operative rule is the 10-round magazine capacity limit, not a 7-round load limit.

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 is criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony.

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 other device designed to accelerate the rate of fire of a semi-automatic firearm, rifle, or shotgun. "Pistol converter," sometimes called a Glock switch or auto sear, is separately defined in Penal Law 265.00(36). As a matter of federal law, the Supreme Court in Garland v. Cargill, 602 U.S. 913 (2024), held that a bump stock is not a "machinegun" under the NFA and struck down the federal rule that had classified it as one. That federal ruling does not invalidate New York's independent prohibition under Penal Law 265.01-c, which rests on separate state statutory authority.

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.

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 does not impose an absolute statutory firearm-theft reporting duty on every private owner, but reporting a stolen firearm to local law enforcement is strongly advisable. A police report creates a record that protects the owner if the firearm is later recovered in connection with a crime, and most homeowner and renter insurance policies require a report before paying a claim.

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 automatically authorize carry in New York City. 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. The frame-and-receiver and rapid-fire-device statutes have been amended in recent sessions. 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.

New York Concealed Carry Overview

New York is a licensed-carry state. It is not a permitless or constitutional-carry state. To possess or carry a handgun (pistol or revolver) in New York, you must hold a license issued under Penal Law 400.00. Carrying or possessing a handgun without that license is a crime, not a violation. This overview summarizes how the system works and points you to the detailed sections for each topic. It is general information, not legal advice.

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 Legislature passed the Concealed Carry Improvement Act (CCIA), which took effect September 1, 2022. The CCIA removed the discretionary "proper cause" requirement and replaced it with objective eligibility standards plus mandatory training, an interview, and references. Several parts of the CCIA have been litigated since 2022, so some provisions described below carry an active legal caveat. See the litigation note near the end.

A License Is Required

Under Penal Law 400.00, a handgun license is required to lawfully possess or carry a pistol or revolver. Penal Law 400.00(2) describes the license types, including:

• Have and possess on premises: A license to keep a handgun in the licensee's dwelling (Penal Law 400.00(2)(a)) or place of business (Penal Law 400.00(2)(b)). This is a premises license; it does not authorize carrying on the person away from those locations.
• Have and carry concealed: A license issued under Penal Law 400.00(2)(f) "without regard to employment or place of possession," subject to state and federal law. This is the concealed-carry license.

New York law uses "license" and "permit" to mean the same thing. A license issued outside New York City is generally valid throughout the state, but it is not valid in New York City unless the NYC Police Commissioner issues a special permit granting validity (Penal Law 400.00(6)). New York City runs its own, stricter handgun licensing system under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York. Treat NYC as a separate jurisdiction and confirm its requirements directly.

Eligibility and Concealed-Carry Requirements

Penal Law 400.00(1) sets baseline eligibility. An applicant generally must be 21 or older (with an exception for certain honorably discharged service members), be of "good moral character," not have a disqualifying criminal record (no felony or "serious offense" conviction), not be a fugitive, not be an unlawful user of a controlled substance, and not fall within other listed disqualifiers. The statute 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" (Penal Law 400.00(1)(b)).

For a concealed-carry license under Penal Law 400.00(2)(f), the CCIA added these requirements (Penal Law 400.00(1)(o) and 400.00(19)):

1. Training: Completion of an in-person firearms safety course taught by an approved instructor, consisting of at least 16 hours of classroom instruction plus at least 2 hours of live-fire range training (18 hours total). The applicant must score at least 80 percent on a written test and meet the live-fire proficiency standard (Penal Law 400.00(19)).
2. In-person interview: The applicant must meet in person with the licensing officer (Penal Law 400.00(1)(o)).
3. Character references: Names and contact information for at least four character references who can attest to the applicant's good moral character (Penal Law 400.00(1)(o)(ii)).
4. Household disclosure: Names and contact information for the applicant's spouse or domestic partner, any other adults in the home (including adult children), and whether minors reside there (Penal Law 400.00(1)(o)(i)).
5. Social media accounts: A list of the applicant's current and former social media accounts from the past three years (Penal Law 400.00(1)(o)(iv)). The enforceability of this specific requirement has been contested in court; see the litigation note below.

There is no longer a "proper cause" or demonstrated-need requirement. An applicant does not have to prove a special reason to carry.

Applications are filed with the local licensing officer in the city or county where the applicant resides, is principally employed, or has a principal place of business (Penal Law 400.00(3)(a)). The licensing officer is directed to act on an application within six months of presentment (Penal Law 400.00(4-b)). A denial can be appealed; the licensing officer must provide written reasons, and an applicant may request a hearing within 90 days (Penal Law 400.00(4-a)). For the full process, see the Application Process and Permit Basics sections.

Renewal and Recertification

A concealed-carry license issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years (Penal Law 400.00(10)(d)), which is shorter than the standard recertification cycle for other handgun licenses. See the Renewal Process section.

Fees

Fees are set locally. Outside New York City and the counties of Nassau and Westchester, the statutory fee for a license to carry or possess a pistol or revolver is set by the county legislative body within a range of not less than three dollars and not more than ten dollars (Penal Law 400.00(14)). New York City and several counties set their own, substantially higher, fees and add fingerprinting and processing charges. Confirm the current amount with your licensing officer. See the Fees and Costs section.

Where You Cannot Carry

The CCIA created two distinct location offenses:

• Sensitive locations (Penal Law 265.01-e): It is a crime to possess a firearm, rifle, or shotgun in a designated "sensitive location" when you know or reasonably should know the location qualifies. The list is long and includes government buildings and courts, health-care facilities, places of worship, schools and colleges, public parks, playgrounds, zoos and libraries, public transit and transit facilities, places licensed for on-premises alcohol consumption, entertainment and sporting venues, polling places, places of public protest or assembly, and the area of Times Square (Penal Law 265.01-e(2)). The offense is a class E felony.
• Restricted locations (Penal Law 265.01-d): On private property, carrying is prohibited by default. It is a crime to carry on someone else's private property unless the owner or lessee has posted clear and conspicuous signage allowing it or has given express consent. This offense is also a class E felony.

Both statutes contain exemptions in subdivision (2) and (3), including for active and retired law enforcement and certain other roles. These two provisions have been the focus of post-Bruen litigation; see the litigation note. For the full breakdown, see the Prohibited Places and Restrictions sections.

Self-Defense and Use of Force

New York is not a stand-your-ground state. Penal Law 35.15 imposes a duty to retreat before using deadly physical force outside the home: a person may not use deadly force if he or she knows that, with complete personal safety to oneself and others, the danger can be avoided by retreating. The statute contains a "castle" exception: there is no duty to retreat when a person is in his or her own dwelling and is not the initial aggressor (Penal Law 35.15(2)(a)(i)). Related justification rules for defense of premises appear in Penal Law 35.20. See the Use of Force, Castle Doctrine, and Self-Defense sections for detail.

Penalties for Unlicensed or Unlawful Possession

Carrying or possessing a handgun without the required license is a felony in most circumstances:

• Criminal possession of a firearm (Penal Law 265.01-b): Possessing any firearm (which in New York means, in general, a handgun or certain other covered weapons) is a class E felony.
• Criminal possession of a weapon in the fourth degree (Penal Law 265.01): A class A misdemeanor, covering certain weapons and circumstances listed in the statute.
• Criminal possession of a weapon in the third degree (Penal Law 265.02): A class D felony, which includes possession of an assault weapon (265.02(7)) or a large-capacity ammunition feeding device (265.02(8)).
• Criminal possession of a weapon in the second degree (Penal Law 265.03): A class C felony, which includes possessing a loaded firearm outside the home or place of business.

A violation of Penal Law 400.00 itself is a class A misdemeanor (Penal Law 400.00(15)). Exemptions to the possession offenses are listed in Penal Law 265.20.

Other New York Overlays

• SAFE Act assault weapons: New York defines "assault weapon" in Penal Law 265.00(22) and bans possession of unregistered assault weapons; possession is charged under Penal Law 265.02(7) as a class D felony.
• Magazine capacity: A "large capacity ammunition feeding device" is defined as one holding more than 10 rounds (Penal Law 265.00(23)). An older provision limiting loading to seven rounds was struck down by the federal courts and is not enforced; the 10-round capacity limit remains. Possession of a large-capacity device is a class D felony under Penal Law 265.02(8).
• Storage: New York imposes safe-storage duties, including for firearms left in vehicles. See the Storage section. The license-issuance notice quotes the storage warning required by Penal Law 400.00(18).

Federal Law Still Applies

State licensing does not displace federal restrictions. Federal prohibited-person categories appear in 18 U.S.C. 922(g). Carrying a firearm into the secured area of an airport or aboard an aircraft is governed by 49 U.S.C. 46505. The Law Enforcement Officers Safety Act (LEOSA), 18 U.S.C. 926B and 926C, is a federal carry authority for qualified active and retired officers; it is not a New York state exemption, though New York's location statutes separately exempt certain officers. See the relevant topic sections for detail.

Litigation Note: This Area Is Still Moving

Major parts of the CCIA have been challenged since 2022, most prominently in Antonyuk v. Hochul and its appeal, Antonyuk v. James, along with related cases. The U.S. Court of Appeals for the Second Circuit upheld much of the CCIA, but the litigation has produced injunctions against specific applications at various stages, and some issues remain contested. Provisions that have drawn injunctions or continued challenge include the restricted-location default for private property (Penal Law 265.01-d), the place-of-worship restriction within the sensitive-locations list (Penal Law 265.01-e(2)(c)), and the social media disclosure requirement (Penal Law 400.00(1)(o)(iv)). Because enforceability of these specific applications has shifted with court rulings, do not assume any one of them is currently being enforced exactly as written, and do not assume any of them has been permanently voided. Confirm the current status with your licensing officer or counsel before you rely on it.

Key Statutes

• Penal Law 400.00 - handgun licensing, eligibility, training, fees, renewal
• Penal Law 265.01-b, 265.01, 265.02, 265.03 - criminal possession offenses and their felony or misdemeanor classes
• Penal Law 265.01-e - sensitive-location possession (class E felony)
• Penal Law 265.01-d - restricted-location (private property) possession (class E felony)
• Penal Law 265.20 - exemptions
• Penal Law 35.15 and 35.20 - justification and use of force
• Penal Law 265.00(22) and 265.00(23) - assault weapon and large-capacity device definitions

Important Notes

• New York City licensing is separate and stricter. A non-NYC license is not valid in the city without an NYC permit (Penal Law 400.00(6)).
• Processing times, local fees, and county procedures vary. Confirm current requirements with your local licensing officer or the New York State Police firearms page.
• The law in this area continues to change through court decisions. Verify before you carry.

New York Permit Basics

New York is a licensed-carry state. It is not a permitless or constitutional-carry state. A person generally may not possess or carry a handgun in New York without a license issued under Penal Law 400.00, and carrying outside the home or place of business without that license is a felony. The discussion below states what the statutes say and, where the law is being actively litigated after the Supreme Court's 2022 Bruen decision, notes the current enforceability.

Governing Statute

New York's firearms licensing system is governed primarily by Penal Law 400.00 ("Licensing and other provisions relating to firearms"). That statute sets the eligibility requirements, application and investigation procedures, license types, the training mandate, recertification obligations, and the grounds for revocation. The statewide license and record database is created and maintained under Penal Law 400.02, and the criminal offenses for unlicensed and unlawful possession sit in Article 265 of the Penal Law.

A License Is Required to Possess or Carry a Handgun

Unlike many states, New York requires a license simply to possess a handgun, not only to carry one in public. The carry license, issued under Penal Law 400.00(2)(f), authorizes a person to "have and carry concealed, without regard to employment or place of possession," subject to state and federal law. Other license categories under Penal Law 400.00(2) are limited to a dwelling, a place of business, or specified employment.

New York does not authorize open carry of handguns. A handgun carried in public must be concealed and carried under a valid carry license.

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

• Criminal possession of a firearm, Penal Law 265.01-b, reaches a person who possesses any firearm (which for this purpose means a handgun and certain other covered weapons) without authorization. It is a class E felony.
• Criminal possession of a weapon in the second degree, Penal Law 265.03, reaches, among other things, possession of a loaded firearm outside the person's home or place of business. It is a class C violent felony, which under Penal Law 70.02 carries a determinate prison term of three and one-half to fifteen years.

Penal Law 265.20 lists the statutory exemptions from these weapons offenses, including the exemption for persons holding a valid Penal Law 400.00 license.

The Concealed Carry Improvement Act (Post-Bruen Framework)

In New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), the Supreme Court struck down New York's "proper cause" requirement, which had forced applicants to demonstrate a special need for self-defense to obtain a carry license. The Court held that a state may not condition public carry on showing such a special need, but it expressly endorsed objective licensing criteria such as fingerprinting, background checks, mental-health records checks, and training requirements.

The licensing requirement itself survived Bruen. Only the "proper cause" standard was invalidated. In response, Governor Hochul signed the Concealed Carry Improvement Act (CCIA), S.51001, on July 1, 2022, and it took effect on September 1, 2022. The CCIA replaced "proper cause" with enhanced, objective eligibility standards, created a list of "sensitive locations" where carry is barred, set a private-property default rule, added training and storage requirements, and required background checks on ammunition purchases.

Eligibility Requirements

Under Penal Law 400.00(1), no carry license may issue except to an applicant who meets all of the following:

• Age. At least 21 years of age. A person honorably discharged from the U.S. Army, Navy, Marine Corps, Air Force, or Coast Guard, or from the New York National Guard, is not subject to the age restriction. Penal Law 400.00(1)(a).
• Good moral character. Defined by statute 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). This is the CCIA's statutory definition; it replaced the prior case-law gloss courts had used.
• Not disqualified by the criminal, fugitive, controlled-substance, immigration, citizenship, mental-health, or guardianship grounds set out in Penal Law 400.00(1)(c) through (m) (discussed below).
• Residence or principal place of employment or business in the jurisdiction of the licensing officer. Penal Law 400.00(3)(a).

For a carry license under Penal Law 400.00(2)(f), the applicant must also satisfy the additional CCIA requirements in Penal Law 400.00(1)(o):

• An in-person interview with the licensing officer.
• Names and contact information for the applicant's spouse or domestic partner and other adults in the home, and disclosure of whether minors reside there.
• No fewer than four character references who can attest to the applicant's good moral character.
• A certificate of completion of the training required by Penal Law 400.00(19).
• A list of the applicant's former and current social media accounts from the past three years. Penal Law 400.00(1)(o)(iv). Enforcement of this social-media-disclosure requirement has been enjoined in the post-Bruen litigation (the Antonyuk cases, discussed below); applicants should confirm its current status with the licensing authority.

Disqualifying Factors

A license may not issue, and an existing license is subject to revocation, where the applicant (Penal Law 400.00(1)(c) through (m)):

• Has been convicted anywhere of a felony or a "serious offense" as defined in Penal Law 265.00(17), or is the subject of an outstanding warrant for such an offense.
• Is a fugitive from justice.
• Is an unlawful user of or addicted to a controlled substance as defined in 21 U.S.C. 802.
• Is a noncitizen who is unlawfully in the United States, or who renounced U.S. citizenship.
• Has been discharged from the Armed Forces under dishonorable conditions.
• Has been involuntarily committed under Mental Hygiene Law article 9 or 15, Criminal Procedure Law article 730 or section 330.20, Correction Law section 402 or 508, or Family Court Act section 322.2 or 353.4; has been civilly confined in a secure treatment facility under Mental Hygiene Law article 10; or has been the subject of a report under Mental Hygiene Law section 9.46.
• Is subject to a license-disqualifying order under Criminal Procedure Law section 530.14 or Family Court Act section 842-a.
• Has had a guardian appointed based on a determination that the person lacks the mental capacity to manage his or her own affairs.

For a carry license specifically, Penal Law 400.00(1)(n) adds a five-year lookback: the applicant must not have been convicted within five years before 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 prohibited-person categories under 18 U.S.C. 922(g) apply on top of these state grounds. A person barred from possessing firearms under federal law cannot lawfully hold a New York license.

Training Requirement

Before issuance or renewal of a carry license under Penal Law 400.00(2)(f), an applicant must complete an in-person live firearms safety course with a curriculum approved by the Division of Criminal Justice Services and the Superintendent of State Police. Penal Law 400.00(19) sets the minimum at:

• A minimum of 16 hours of in-person classroom instruction, covering 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 and restricted locations in Penal Law 265.01-d, use of deadly force, suicide prevention, and the basic principles of marksmanship; and
• A minimum of 2 hours of live-fire range training.

That is 18 hours total. The applicant must score at least 80 percent on a written test and demonstrate live-fire proficiency, after which a duly authorized instructor issues a certificate of completion endorsed under penalty of perjury.

Application, Investigation, and Appeals

Applications are made to the licensing officer where the applicant resides, is principally employed, or has a principal place of business. Penal Law 400.00(3)(a). Before a license issues, the police authorities investigate all statements in the application, take the applicant's fingerprints in quadruplicate, and search state (DCJS) and federal (FBI) records. Penal Law 400.00(4). The licensing officer must act on an application within six months of presentment absent good cause for delay. Penal Law 400.00(4-b).

If an application is denied, not renewed, not recertified, or revoked, the licensing officer must issue a written notice stating the reasons. The applicant may, within 90 days of receiving that notice, request a hearing before the appeals board established by DCJS and the State Police. Penal Law 400.00(4-a).

License Form, Handgun Specification, and Amendment

A carry or possess license specifies each covered handgun by calibre, make, model, manufacturer, and serial number, and indicates whether it authorizes carry on the person or possession on premises. Penal Law 400.00(7). A licensee who acquires an additional handgun, or who disposes of a listed handgun, must apply to the licensing officer to amend the license. Penal Law 400.00(9).

Carrying and Display of the License

Every licensee carrying a handgun must have the carry license on his or her person, and every person licensed to possess on particular premises must keep the license on those premises. Upon demand, the license must be exhibited for inspection to a police officer or to a peace officer acting within his or her special duties. Penal Law 400.00(8). Failure to exhibit the license is presumptive evidence that the person is not licensed.

Validity, and New York City Is Separate

A license issued under Penal Law 400.00 is generally valid throughout the state, except that it is not valid within New York City unless the NYPD Police Commissioner issues a special permit granting validity. Penal Law 400.00(6). New York City administers its own, stricter handgun-licensing scheme through the Police Commissioner; the City's local provisions are found in New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York. A person who intends to possess or carry a handgun in New York City should confirm requirements directly with the NYPD License Division.

Recertification

• Carry licenses issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years following issuance. Penal Law 400.00(10)(d).
• All pistol or revolver licensees must recertify to the Division of State Police on the schedule set in Penal Law 400.00(10)(b). Failure to recertify acts as a revocation of the license.
• A license to purchase or possess a semiautomatic rifle must be recertified every five years; failure to renew it is a violation punishable by a fine not to exceed $250. Penal Law 400.00(10)(c).

Semiautomatic Rifle License

Effective September 4, 2022, New York requires a separate license to purchase or take possession of a semiautomatic rifle (other than an assault weapon or disguised gun). Penal Law 400.00(2). A handgun license alone does not authorize the purchase of a semiautomatic rifle, semiautomatic rifles do not have to be individually listed on the license, and the license must be recertified every five years. Penal Law 400.00(10)(c).

Revocation and Suspension

A license is revoked or is subject to revocation when the licensee is convicted anywhere of a felony or serious offense, becomes ineligible for any reason, or engages in conduct that would have warranted denial. Penal Law 400.00(11)(a). A licensing officer must revoke a license obtained through a knowing material false statement on the application. A report under Mental Hygiene Law 9.46 triggers a suspension or revocation order through DCJS. Penal Law 400.00(11)(b). On revocation or suspension, the person must surrender the license and any firearms, rifles, or shotguns to law enforcement; unsurrendered weapons may be removed and declared a nuisance. Penal Law 400.00(11)(c).

A general note on penalties: any violation of Penal Law 400.00 itself is a class A misdemeanor. Penal Law 400.00(15).

Statewide Database and Public Records

New York maintains a statewide license and record database under Penal Law 400.02. Records assembled for that database are not subject to disclosure under article 6 of the Public Officers Law (the Freedom of Information Law). Penal Law 400.00(5)(a). An applicant may also request that his or her application information be withheld from public disclosure on the statutory grounds in Penal Law 400.00(5)(b).

Sensitive Locations and Restricted Locations (Currently Litigated)

A valid carry license does not authorize carry everywhere. Two CCIA offenses limit where a licensee may go armed, and both have been the subject of ongoing litigation.

• Sensitive locations. Penal Law 265.01-e makes it a class E felony to possess a firearm, rifle, or shotgun in a statutorily listed "sensitive location" when the person knows or reasonably should know the location is sensitive. The list in Penal Law 265.01-e(2) is long and includes government buildings and courts; health and behavioral-health facilities; places of worship (except those responsible for security there); libraries, public playgrounds, public parks, and zoos; schools, colleges, and universities; childcare and youth programs; homeless and domestic-violence shelters; public transportation and transit facilities; establishments licensed for on-premises alcohol or cannabis consumption; theaters, stadiums, museums, amusement parks, and gaming facilities; polling places; permitted public gatherings and protests; and the area commonly known as Times Square.
• Restricted locations (private property default). Penal Law 265.01-d makes it a class E felony to carry on another person's private property unless the owner or lessee has either posted clear and conspicuous signage permitting firearms or given express consent. In other words, private property is closed to carry by default until the owner opts in.

Both provisions were challenged in the Antonyuk litigation (Antonyuk v. Nigrelli / Antonyuk v. James / Antonyuk v. Hochul). The Second Circuit largely upheld the CCIA's sensitive-location and restricted-location framework, but courts enjoined certain applications, most notably the restriction as applied to places of worship and the requirement that applicants disclose social media accounts. Because the precise scope of what is enforceable has shifted through district-court orders, stays, and appellate rulings, a license holder should verify the current status of any specific provision before relying on it. The statutory text remains on the books; do not assume any single provision is either fully operative or fully void without checking the latest court order.

Self-Defense Note

This is a licensing section, and use-of-force rules are covered separately, but two points bear on carrying. New York imposes a duty to retreat before using deadly physical force outside the home: a person may not use deadly force if he or she knows it can be avoided with complete safety by retreating, except that there is no duty to retreat in one's own dwelling when not the initial aggressor. Penal Law 35.15(2). New York has no stand-your-ground law. Defense of premises and the use of force to prevent a burglary in a dwelling are addressed in Penal Law 35.20.

SAFE Act Overlays

Independent of the carry license, New York's SAFE Act provisions restrict certain firearms and magazines:

• Assault weapons are defined in Penal Law 265.00(22) and may not be possessed unless lawfully grandfathered and registered under Penal Law 400.00(16-a).
• A "large capacity ammunition feeding device," defined in Penal Law 265.00(23) as a magazine or similar device that holds more than ten rounds, is generally unlawful to possess. (An earlier seven-round load limit was struck down in court; the ten-round capacity limit stands.) Criminal possession of a weapon in the third degree, Penal Law 265.02, is the felony offense most commonly charged for unlawful assault-weapon or large-capacity-device possession.

Key Legal References

• Penal Law 400.00 - primary licensing statute (eligibility, training, recertification, revocation)
• Penal Law 400.02 - statewide license and record database
• Penal Law 265.00 - definitions, including serious offense (17), assault weapon (22), and large capacity ammunition feeding device (23)
• Penal Law 265.01-b - criminal possession of a firearm (class E felony)
• Penal Law 265.01-d - criminal possession of a weapon in a restricted location (class E felony)
• Penal Law 265.01-e - criminal possession of a firearm, rifle, or shotgun in a sensitive location (class E felony)
• Penal Law 265.03 - criminal possession of a weapon in the second degree (class C violent felony)
• Penal Law 265.20 - exemptions from the weapons offenses
• Penal Law 70.02 - sentences for violent felony offenses
• Penal Law 35.15 and 35.20 - justification and defense of premises
• 18 U.S.C. 922(g) - federal prohibited persons; 21 U.S.C. 802 - controlled substance definition
• New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022)
• Concealed Carry Improvement Act, S.51001 (signed July 1, 2022; effective September 1, 2022)
• Antonyuk v. James / Antonyuk v. Hochul - ongoing CCIA litigation in the Second Circuit

Firearms law in New York continues to change through both legislation and litigation. Confirm current requirements with the New York State Police, your county or city licensing officer, or, for New York City, the NYPD License Division before relying on any specific provision.

New York Concealed Carry Laws

Overview

New York is a licensed-carry state. It is not a permitless or constitutional-carry state. To possess or carry a handgun (pistol or revolver) anywhere in New York, you must hold a license issued under Penal Law 400.00. Carrying a handgun without that license is a felony in most circumstances.

After the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), on June 23, 2022, which struck down New York's longstanding "proper cause" standard, the Legislature enacted the Concealed Carry Improvement Act (CCIA). Governor Hochul signed the CCIA on July 1, 2022, and its core provisions took effect on September 1, 2022. The CCIA removed "proper cause" but added enhanced eligibility standards, an expanded training mandate, an in-person interview, and an extensive list of "sensitive locations" where carry is prohibited even with a valid license.

New York does not authorize open carry of a handgun. The carry license under Penal Law 400.00(2)(f) is a license to "have and carry concealed."

Licensing Requirements

License Types Under Penal Law 400.00(2)

• Premises license - A license to "have and possess in his dwelling" (paragraph (a)) or "in his place of business" (paragraph (b)). This does not authorize carrying a handgun, concealed or otherwise, away from the licensed premises.
• Carry license - The general carry license under paragraph (f) authorizes a person to "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law." This is the license most civilians seek for concealed carry.

A handful of other paragraphs cover specific roles (bank messengers, certain judges, and certain government employees under paragraphs (c) through (e)).

Eligibility Criteria (Penal Law 400.00(1))

No license is issued except after investigation and a finding that the applicant meets the statutory criteria. Among them, the applicant must be:

• At least 21 years old (the age requirement does not apply to an applicant honorably discharged from the U.S. armed forces or the New York National Guard).
• 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."
• Not convicted of a felony or a "serious offense," and not a fugitive from justice.
• Not an unlawful user of or addicted to a controlled substance.
• Not subject to the firearm-disqualifying mental-health, citizenship, and dishonorable-discharge conditions listed in the statute.

Additional Requirements for a Carry License (Penal Law 400.00(1)(o))

For a carry license under paragraph (f), the applicant must also meet in person with the licensing officer for an interview and submit:

• Names and contact information for the applicant's spouse or domestic partner and other adults in the home, and whether minors reside there.
• Names and contact information for no fewer than four character references who can attest to the applicant's good moral character.
• Certification of completion of the training required by Penal Law 400.00(19).
• A list of the applicant's former and current social media accounts from the past three years.

Litigation note on social media disclosure: The social-media-account-disclosure requirement in Penal Law 400.00(1)(o)(iv) was challenged in the Antonyuk litigation. Federal courts enjoined enforcement of that specific requirement, and it is not currently being enforced. The rest of the interview-and-references framework was upheld. Confirm the current status with the licensing officer, because this area remains in active litigation.

The Bruen Decision

Bruen invalidated New York's "proper cause" requirement, which had forced applicants to demonstrate a special need for self-defense. The Court held that states may not condition a carry license on showing a special need. Bruen did not invalidate New York's licensing requirement itself, did not bar objective criteria such as background checks and training, and expressly recognized that states may prohibit carry in "sensitive places."

Mandatory Training (Penal Law 400.00(19))

Before a carry license under paragraph (f) is issued or renewed, the applicant must complete an in-person, live firearms safety course taught by a duly authorized instructor (defined in Penal Law 265.00(19)) using a curriculum approved by the Division of Criminal Justice Services (DCJS) and the Superintendent of State Police. The statute requires:

• A minimum of 16 hours of in-person classroom curriculum covering: general firearm safety; safe storage requirements and best practices; state and federal gun laws; situational awareness; conflict de-escalation; best practices when encountering law enforcement; the statutory sensitive places in Penal Law 265.01-e and the restricted-place rules in Penal Law 265.01-d; conflict management; use of deadly force; suicide prevention; and the basic principles of marksmanship.
• A minimum of 2 hours of live-fire range training.

The applicant must score at least 80 percent on a written test on the classroom curriculum and demonstrate the live-fire proficiency set by DCJS and State Police rules. Total minimum training is 18 hours (16 classroom plus 2 live-fire). An applicant who must complete this training before renewing a license issued before the subdivision took effect is only required to complete it for the first renewal after the effective date.

License Validity, Recertification, and Renewal

A license to carry is generally valid throughout New York State, but it is not valid within the City of New York unless the NYPD police commissioner issues a special permit (Penal Law 400.00(6)). Carry licenses issued under paragraph (f) must be recertified or renewed every three years (Penal Law 400.00(10)(d)). Every licensee while carrying must have the license on his or her person and must exhibit it on demand to a police or peace officer (Penal Law 400.00(8)).

Penalties for Carrying or Possessing Without a License

• Criminal possession of a firearm (Penal Law 265.01-b) - Possessing any firearm without authority is a class E felony.
• Criminal possession of a weapon in the fourth degree (Penal Law 265.01) - A catch-all that covers possessing certain weapons; it is a class A misdemeanor.
• Criminal possession of a weapon in the third degree (Penal Law 265.02) - A class D felony (for example, an unlicensed firearm where the person was previously convicted of a crime, or possession of an assault weapon).
• Criminal possession of a weapon in the second degree (Penal Law 265.03) - Possessing any loaded firearm outside the home or place of business is a class C felony.

Statutory exemptions to these possession offenses are listed in Penal Law 265.20. Sentencing ranges for these felonies are set by Penal Law 70.02 (class C up to 15 years, class D up to 7 years, class E up to 4 years).

Sensitive Locations - Carry Prohibited Even With a License (Penal Law 265.01-e)

A person commits criminal possession of a firearm, rifle, or shotgun in a sensitive location when he or she possesses such a weapon in a sensitive location and "knows or reasonably should know" the location is sensitive. The offense is a class E felony. The statutory list of sensitive locations includes:

• Any place owned or controlled by federal, state, or local government for government administration, including courts.
• Locations providing health, behavioral health, or chemical dependence care or services.
• Any place of worship, except for persons responsible for security there.
• Libraries, public playgrounds, public parks, and zoos (a "public park" excludes privately held land within a park not dedicated to public use and the forest preserve under Environmental Conservation Law 9-0101).
• Childcare programs and providers regulated by the Office of Children and Family Services.
• Nursery schools, preschools, and summer camps.
• Programs licensed or funded by OPWDD, OASAS, OMH, or OTDA.
• Homeless, family, runaway-youth, and domestic-violence shelters, and residential programs for victims of domestic violence.
• Residential settings licensed by the Department of Health.
• Buildings and grounds of educational institutions, colleges, universities, and public, private, and charter schools.
• Public transportation and transit facilities, including subways, buses, trains, ferries, airports, and bus terminals.
• Establishments licensed for on-premises consumption of alcohol, and cannabis on-premises consumption sites.
• Entertainment, gaming, and sporting venues such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, conference centers, banquet halls, and gaming and video-lottery facilities.
• Polling places.
• Public sidewalks or other public areas restricted from general access for a limited time or special event by permit or heightened law-enforcement protection, 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 identified by the City of New York with signage.

Litigation note: The CCIA's sensitive-location scheme was challenged in Antonyuk v. James (formerly Antonyuk v. Hochul). The Second Circuit largely upheld the law, but it did not uphold every application uniformly. Enforcement of the place-of-worship restriction has been enjoined as applied to certain plaintiffs in related cases. Because applications of these provisions continue to shift with ongoing appeals, treat the statutory list as operative but verify the current enforcement status of any contested category before relying on it.

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

A person commits criminal possession of a weapon in a restricted location when he or she possesses a firearm, rifle, or shotgun and enters or remains on private property where the person "knows or reasonably should know" that the owner or lessee has not permitted possession either by clear and conspicuous signage allowing firearms or by otherwise giving express consent. The offense is a class E felony.

In practice, private property defaults to "no carry" unless the property owner posts a sign permitting firearms or gives express consent.

Litigation note: This restricted-location default was also challenged in the Antonyuk litigation. Courts enjoined its application to private property that is held open to the public, and the New York State Police have stated they are not enforcing the restricted-location provision as to such property. The general private-property default otherwise remains in effect. Confirm current guidance, since this provision remains in active litigation.

Exemptions From Sensitive and Restricted Location Rules

Both Penal Law 265.01-e(3) and 265.01-d(2) exempt categories of people, including:

• Active and retired police officers (police officer as defined in CPL 1.20(34)) and designated peace officers (CPL 2.10).
• Qualified active and retired law enforcement officers authorized to carry under the federal Law Enforcement Officers Safety Act, 18 U.S.C. 926B and 926C.
• Security guards registered under Article 7-A of the General Business Law who hold a special armed registration card, while at work.
• Active-duty military personnel.
• Persons licensed under Penal Law 400.00(2)(c), (d), or (e) while performing official duties.
• Persons lawfully hunting or engaged in hunter education, marksmanship practice, or firearms training.
• Persons operating a state-licensed or funded program out of their residence, subject to applicable storage rules.
• MTA and NYC Transit revenue-control and security employees acting within their duties.
• Historical reenactors, theatrical and motion-picture productions, museum and historic-site staff handling antique firearms, military ceremony and honor-guard participants, and biathlon athletes, each as specified.

Self-Defense and Use of Force

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 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," with an exception: there is no duty to retreat when the person is in his or her own dwelling and is not the initial aggressor. This is New York's Castle exception. New York does not have a stand-your-ground law.

Penal Law 35.15(2) also permits deadly physical force, without first retreating, when the person reasonably believes another is committing or attempting kidnapping, forcible rape or aggravated sexual abuse, robbery, or a burglary covered by Penal Law 35.20(3). Penal Law 35.20 separately addresses the use of force in defense of premises, including deadly force against burglary of a dwelling or occupied building and against arson.

Other New York Overlays

• SAFE Act assault weapons - New York defines "assault weapon" in Penal Law 265.00(22) and bans possession of unregistered assault weapons. Possession of an assault weapon is charged as criminal possession of a weapon in the third degree under Penal Law 265.02, a class D felony.
• Magazine capacity - A "large capacity ammunition feeding device" is defined in Penal Law 265.00(23) as a magazine or similar device that can accept more than ten rounds. New York's earlier attempt to also limit how many rounds could be loaded to seven was struck down by the Second Circuit in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015), so the ten-round magazine limit governs.
• New York City - New York City runs its own separate and stricter handgun licensing scheme under NYC Administrative Code 10-131 and Title 38 of the Rules of the City of New York. A state-issued license is not valid in NYC without a special NYPD permit (Penal Law 400.00(6)). Treat NYC as a distinct jurisdiction with additional requirements.

Federal Context

• Possession disqualifiers - Federal law at 18 U.S.C. 922(g) lists categories of people who may not possess firearms or ammunition (for example, certain felons, fugitives, unlawful drug users, and people subject to qualifying domestic-violence orders). A New York license does not override a federal disqualifier.
• Airports and aircraft - Carrying or attempting to board an aircraft with a concealed firearm, or carrying a firearm into a secured airport area, is a federal crime under 49 U.S.C. 46505. A state carry license does not authorize this.
• LEOSA - The federal Law Enforcement Officers Safety Act, 18 U.S.C. 926B (active) and 926C (qualified retired), authorizes certain current and retired officers to carry across state lines. This is a federal authority, not a New York exemption.
• Bruen's reach - Bruen converted formerly "may issue" states to objective issuance and set the historical-tradition test now used to evaluate Second Amendment challenges, which is the framework driving the ongoing Antonyuk litigation over the CCIA.

Key Statutes Referenced

Recent Legal Developments

• June 23, 2022 - The Supreme Court decides NYSRPA v. Bruen, striking down "proper cause."
• July 1, 2022 - Governor Hochul signs the Concealed Carry Improvement Act.
• September 1, 2022 - The CCIA's core provisions, including sensitive-location restrictions, take effect.
• Antonyuk v. James (formerly Antonyuk v. Hochul) - The Second Circuit largely upheld the CCIA but enjoined certain applications. The social-media-disclosure requirement and, as applied, the place-of-worship restriction and the restricted-location default for property open to the public have been the subject of injunctions. This litigation is ongoing, and enforcement of contested provisions can change.

Practical Notes for License Holders

1. A premises license does not authorize carrying a handgun outside the licensed premises.
2. Even with a valid carry license, you may not bring a firearm into a sensitive location under Penal Law 265.01-e.
3. Private property defaults to no carry unless the owner posts permitting signage or gives express consent (Penal Law 265.01-d), subject to the litigation noted above.
4. New York imposes a duty to retreat outside the home; the Castle exception applies in your dwelling (Penal Law 35.15). There is no stand-your-ground.
5. A state carry license is not valid in New York City without a separate NYPD permit.
6. Verify the current status of contested CCIA provisions, since the Antonyuk litigation continues to affect enforcement.

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, plus a private-property default rule, so even a licensed carrier faces heavy location limits.

This section explains what the statutes actually say, distinguishes handguns from long guns, and flags the post-Bruen litigation (Antonyuk v. James / Antonyuk v. Hochul) 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. Because possession of a handgun without a license is itself a crime in New York (see Penalties below), carrying a handgun openly is not a lawful alternative to concealed carry. It is simply unlicensed or out-of-scope carry.

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) on its face directed applicants to provide a list of current and former social media accounts from the past three years. The Second Circuit struck this requirement down as unconstitutional in Antonyuk v. James (2024), and it is not being enforced. Applicants are not required to disclose their social media accounts. The other reference and disclosure requirements in 400.00(1)(o) (household and family members, character references) were upheld.

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)

New York does not require a general license to possess most rifles and shotguns. One major exception: a license is required to take possession of a semiautomatic rifle, added by Penal Law 400.00(2) effective in 2022 for transfers on or after that date.

There is no statute that broadly bans openly carrying a lawfully possessed long gun in all public places. Practically, though, openly carrying a rifle or shotgun in public is sharply limited by the sensitive-location crime in Penal Law 265.01-e and the restricted-location crime in Penal Law 265.01-d, both of which apply to "a firearm, rifle or shotgun." Carrying a long gun in or near the many covered locations is a felony regardless of how the firearm is licensed.

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. The Second Circuit upheld the sensitive-location ban generally, so it is operative and criminally enforceable as a class E felony, with one exception described below for places of worship. The statute lists the sensitive locations in 265.01-e(2), including:

• 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))
• 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 the exception. The criminal ban on carrying in a place of worship (Penal Law 265.01-e(2)(c)) has been enjoined and is not being enforced. The Second Circuit affirmed the district court injunction as to places of worship, so a license holder generally may carry there as a matter of criminal law. This is not a green light, though. A place of worship is private property, and its operator may still prohibit firearms through clear and conspicuous signage or trespass law, and persons responsible for security at the place of worship are separately exempt under the statute. The other sensitive-location designations on the list above remain operative and enforceable.

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.

The enforceability of this default-no-carry rule is unsettled. A federal district court (United States District Court for the Western District of New York, Case 22-CV-695-JLS) held the 265.01-d default unconstitutional as applied to private property held open to the public, and the appellate status of that ruling remains unsettled. For that reason, do not treat the 265.01-d statutory default as firmly operative. At the same time, do not assume you may carry freely on private property: a private owner may always bar firearms under ordinary property and trespass law, regardless of how the constitutional question on the statutory default is resolved. The safe practice is to carry on private commercial property only where the owner clearly permits it.

Post-Bruen Litigation (Antonyuk)

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 upheld the majority of the CCIA, and the Supreme Court denied certiorari in 2025. The provisions the court upheld include the good-moral-character standard, the requirement to disclose household and family members on the application, the in-person interview, character references, the 16-hour training requirement, and the sensitive-location ban generally. The court carved out specific exceptions:

• Places of worship. The court affirmed the injunction against the criminal ban on carrying in a place of worship (Penal Law 265.01-e(2)(c)). That ban is not being enforced, although a place of worship may still bar firearms as a private property owner.
• Social media disclosure. The court struck down the requirement to disclose social media accounts (Penal Law 400.00(1)(o)(iv)). That requirement is not enforced.
• Private-property default (Penal Law 265.01-d). A federal district court separately held the private-property default-no-carry rule unconstitutional as applied to property held open to the public, and the appellate status of that ruling is unsettled.

Because the precise scope of what is currently enforceable continues to be litigated, confirm the current status with the licensing officer or current state guidance before relying on any specific provision. Treat the underlying statutes as in effect except where a court has specifically limited them, as described above.

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 or similar device holding, or readily convertible to hold, more than ten rounds. Possession is generally a class D felony under Penal Law 265.02(8). New York's earlier seven-round load limit was struck down in federal litigation (New York State Rifle & Pistol Association v. Cuomo), so the operative restriction is the ten-round magazine capacity limit, not a seven-round loading limit.
• 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, and even then carry is barred in the many sensitive locations listed in Penal Law 265.01-e. The Second Circuit upheld that sensitive-location ban generally, with one carve-out: the criminal ban on carrying in a place of worship is enjoined and not enforced, though a place of worship may still prohibit firearms as a private property owner. The social media disclosure requirement in Penal Law 400.00(1)(o)(iv) was struck down and is not enforced, while the good-moral-character standard, in-person interview, references, and training requirements remain in effect. The private-property default in Penal Law 265.01-d was held unconstitutional by a district court and its appellate status is unsettled, so it should not be treated as firmly operative, but a private owner may always bar firearms under property and trespass law. Long guns are not subject to a single open-carry ban statute, but the same sensitive-location and restricted-location felonies sharply limit where they can be carried. Confirm current enforcement before relying on any specific provision, and remember that New York City is a separate, stricter licensing jurisdiction.

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 struck down the discretionary proper-cause standard but 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.

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. The controlling appellate decision is Antonyuk v. James, 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, leaving that decision as controlling circuit authority.

The Second Circuit upheld most of the CCIA's core licensing requirements, including the good-moral-character standard, the in-person interview, character references, and the training requirement. Two points are important for accuracy:

• Social media disclosure was struck down. The original CCIA required applicants to disclose a list of their social media accounts from the prior three years. That requirement was invalidated and is no longer enforceable, even though it still appears in the text of Penal Law 400.00(1)(o)(iv).
• Restricted-location default is not being enforced for property open to the public. As discussed below, New York State Police guidance states that the private-property default rule is not currently being enforced as applied to property held open to the public, following the litigation.

Because enforcement of specific provisions can shift as cases proceed, confirm the current status with official New York State guidance or a New York attorney before relying on any particular provision.

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 (subject to the security exemption noted below)
• 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. The place-of-worship restriction in Penal Law 265.01-e(2)(c) has been a focus of litigation and itself exempts persons responsible for security at the place of worship; verify its current enforcement status before relying on it.

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

Penal Law 265.01-d sets a default rule for private property. A person commits criminal possession of a weapon in a restricted location, a class E felony, by carrying a firearm onto private property when the person knows or reasonably should know that the owner or lessee has NOT permitted firearms either by posting clear and conspicuous signage allowing them or by giving express consent. In other words, the statutory default is no carry on private property unless the owner affirmatively allows it.

This default rule has been narrowed by the litigation described above. New York State Police guidance states that Penal Law 265.01-d is not currently being enforced as applied to private property held open to the public. The statutory default still exists on paper, but ordinary businesses open to the public are not being treated as automatically off-limits under current enforcement guidance. Confirm the current posture before relying on this.

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)). Deadly force is also permitted without retreat against certain serious crimes such as kidnapping, robbery, forcible sexual offenses, and burglary as specified in Penal Law 35.15(2)(b) and (c). 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 and prohibits "assault weapons" under Penal Law 265.00(22), with possession offenses under Penal Law 265.02.
• Magazine capacity. A "large capacity ammunition feeding device" is defined in Penal Law 265.00(23) as a magazine or similar device that accepts, or can be readily converted to accept, more than ten rounds. New York's magazine limit is ten rounds. The earlier seven-round load limit was struck down in federal court (New York State Rifle & Pistol Association v. Cuomo) and is not enforced.
• 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 barred in the sensitive locations listed in Penal Law 265.01-e and, by default, on private property under Penal Law 265.01-d. The CCIA remains in active litigation: the social media disclosure requirement has been invalidated, and the private-property default is not currently being enforced for property held open to the public. 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)
• 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 (2d Cir. Oct. 24, 2024), cert. denied (Apr. 7, 2025)
• 18 U.S.C. 922(g), 922(n), 926B, 926C; 49 U.S.C. 46505

Prohibited Places - New York

Overview

New York is a licensed-carry state. A license to carry a handgun issued under Penal Law 400.00 is required to possess or carry a handgun, and even a valid 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.

Both statutes carry their own offense (criminal possession, a class E felony) and apply on top of the federal prohibited places that exist nationwide. Both have been the subject of ongoing litigation in Antonyuk v. Hochul / Antonyuk v. James, described in the litigation note below. The statutory text remains on the books, so treat these locations as off-limits and verify the current enforcement posture before relying on any exception.

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 carry license valid elsewhere in the state is not automatically valid in New York City. 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.

The statute lists the following sensitive locations (Penal Law 265.01-e(2)):

Government and courts

• 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

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

Places of worship

• Any place of worship, except for persons responsible for security at the place of worship.
• Note: this provision has been limited by the courts. See the litigation note below.

Parks, libraries, and recreation

• 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

• 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.
• 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.
• Programs licensed, regulated, certified, operated, or funded by the Office of Temporary and Disability Assistance.

Shelters and vulnerable-population housing

• 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

• 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.

Public transportation

• 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

• 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

• 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

• Any location being used as a polling place.
• 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.
• Any gathering of individuals to collectively express their constitutional rights to protest or assemble.

Designated geographic zone

• 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)

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 reasonably should knowing, that the owner or lessee has not permitted such possession. 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.

In plain terms, the default is no carry on someone else's private property. Absent a posted sign or express permission, carrying there is a class E felony. This is the opposite of the "no guns" sign rule in many other states, where carry is allowed until a sign tells you otherwise.

The enforceability of this default as applied to private property held open to the public has been litigated. See the litigation note below.

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Litigation Status (Antonyuk)

The CCIA's sensitive-location and restricted-location provisions were challenged in Antonyuk v. Hochul, which reached the U.S. Court of Appeals for the Second Circuit (later captioned Antonyuk v. James after the case returned from the Supreme Court following United States v. Rahimi). The Second Circuit's October 24, 2024 decision largely upheld the CCIA, including most of the sensitive-location designations in Penal Law 265.01-e and the restricted-location private-property default in Penal Law 265.01-d.

Two points carriers should track:

• Places of worship: courts found the blanket place-of-worship restriction problematic as applied to those who own, operate, or are responsible for a house of worship and wish to carry or to authorize carry there. This part of the law has been narrowed or enjoined at various stages. Do not treat the place-of-worship provision as flatly enforceable against a person carrying with the permission of the congregation that controls the building.
• Private property held open to the public: the application of the restricted-location default to property generally open to the public was enjoined in the district court at points in the litigation, while the Second Circuit upheld the provision more broadly. Enforcement guidance has shifted during the case.

Because the statutory text remains in force and the litigation has moved between the district court, the Second Circuit, and the Supreme Court, the safest course is to follow the statute as written and confirm the current enforcement posture before relying on either of these two carve-outs. The CCIA's separate requirement that applicants disclose social media accounts was also enjoined and is not being enforced.

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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), including those who were employed as police officers but are now 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, 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 or restricted-location prohibitions.

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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), 265.01 (criminal possession of a weapon in the fourth degree), and 265.03 (criminal possession of a weapon in the second degree). Penal Law 265.20 lists the statutory exemptions.
• 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. Confirm City rules before carrying anywhere in the five boroughs.
• Because the CCIA remains in active litigation, verify the current status of the place-of-worship and private-property-held-open-to-the-public provisions before relying on any narrowing of those rules.

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Key Statute References

Sources: New York Penal Law 265.01-e, 265.01-d, 265.20, 400.00 (FindLaw, current through Jan. 1, 2026); 18 U.S.C. 930, 926B, 926C and 49 U.S.C. 46505; Antonyuk v. James (2d Cir. Oct. 24, 2024). Verify current enforcement status given ongoing litigation.

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 (the Antonyuk cases) has changed how parts of the CCIA are enforced.

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 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.

Carrying a handgun without the required license is a crime:

• Criminal possession of a firearm, Penal Law 265.01-b, is a class E felony for possessing an unloaded firearm (handgun) without a license.
• 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 list social media accounts from the past three years. That social-media-disclosure requirement was challenged and struck down as unconstitutional; it is not currently being enforced. 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 pipeline-generated version of this page cited Penal Law 265.50 as a "second degree" storage offense. That is incorrect. Penal Law 265.50 is criminal manufacture, sale, or transport of an undetectable firearm, a class D felony, and is unrelated to vehicle storage.)

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)).

The Second Circuit upheld the sensitive-location restrictions generally, so these places remain off limits to a license holder and the prohibition is criminally enforceable as a class E felony. The one current exception is places of worship, discussed in the litigation note below. A license does not let you carry into the enforceable sensitive locations, and that includes carrying as you enter or pass through them 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 separately it is a federal crime under 49 U.S.C. 46505 to carry a concealed or accessible weapon into an airport sterile area or onto an aircraft. (Aircraft and airport security violations are charged under 49 U.S.C. 46505, not 18 U.S.C. 924.)

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, as written, makes it a class E felony to enter or remain on private property with a firearm when you know or should know that the owner or lessee has not permitted firearm possession. On its face the statute sets a default of no carry on property held open to the public: a license holder may carry only where the owner posts clear and conspicuous signage that firearms are allowed, or gives express consent. Private parking lots are covered by the statutory text.

That statutory default has been challenged and its status is unsettled. A federal district court (Western District of New York, Case 22-CV-695-JLS) held the default-no-carry rule unconstitutional, and its enforceability remains contested on appeal. For that reason, do not treat the Penal Law 265.01-d default as firmly operative.

What is not in doubt is the underlying property-law rule. A private owner may always bar firearms on their own property and can enforce that decision through trespass law, with or without the CCIA default. The safe practice is to carry on private commercial property only where the owner permits it, and to honor any posted no-firearms signage. Do not read the contested status of the statutory default as permission to carry freely on private property.

Post-Bruen Litigation Status (Antonyuk)

The CCIA has been heavily litigated. The key case is Antonyuk v. James (earlier captioned Antonyuk v. Hochul and Antonyuk v. Nigrelli). After the U.S. Supreme Court sent the case back for reconsideration in light of United States v. Rahimi, the U.S. Court of Appeals for the Second Circuit issued a decision on October 24, 2024 (120 F.4th 941) that upheld the majority of the CCIA. The Supreme Court denied certiorari in 2025. Based on that decision and the New York Attorney General's account of it:

• Upheld and in effect: the good moral character requirement, disclosure of household and family members, the in-person interview, character references, and the 18-hour training requirement (16 hours classroom plus 2 hours live fire).
• Upheld and in effect: the criminal ban on carry in sensitive locations under Penal Law 265.01-e, with the single exception of places of worship.
• Places of worship: the place-of-worship sensitive-location ban (Penal Law 265.01-e(2)(c)) is enjoined and is not being criminally enforced, so a license holder generally may carry in a place of worship. This is the one sensitive-location category that is not currently enforced. A place of worship is still private property, so its operator may bar firearms through signage or property law, and persons responsible for security there are separately exempt.
• Struck down: the social media disclosure requirement, Penal Law 400.00(1)(o)(iv). The Second Circuit held it unconstitutional and it is not being enforced, even though it remains in the statute text.

The restricted-location default of Penal Law 265.01-d (no carry on private property without consent) has been one of the most contested parts of the litigation. A federal district court struck down the statutory default-no-carry rule and its appellate status remains unsettled, so the 265.01-d default should not be treated as firmly operative. Regardless of that statute, a private owner may always prohibit firearms under property and trespass law, so carry on private commercial property only where the owner permits.

Bottom line for a driver: do not treat any struck or enjoined provision as a green light to carry where the underlying statute otherwise prohibits it, and do not assume an upheld provision is void. The sensitive-location crime, other than places of worship, is in effect.

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 is readily accessible or directly accessible from the passenger compartment. In a vehicle with no separate trunk, the firearm and ammunition must be in a locked container other than the glove compartment or console.

18 U.S.C. 926A is a defense for continuous interstate travel. Stopping in New York, and especially in New York City, longer than the trip reasonably requires can put the protection at risk, and New York City's separate licensing scheme is strict. This is not a license to carry or to leave the firearm accessible while in the state.

Long Guns and Hunting Transport

Rifles and shotguns generally do not require a license outside New York City. When transporting a long gun by motor vehicle in connection with hunting, Department of Environmental Conservation rules require the firearm to be unloaded, and many situations require it to be taken down, securely cased, or locked in the trunk. A person lawfully engaged in hunting is also 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 hunting under a valid DEC license or permit.

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. A "large capacity ammunition feeding device" is defined in Penal Law 265.00(23) as a magazine or similar device that can hold more than ten rounds. (An earlier seven-round load limit was struck down by the courts; the device-capacity limit of ten rounds stands.)
• 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. A vehicle is not a dwelling for purposes of the retreat exception. 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

A pistol license issued under Penal Law 400.00 expires not more than three years after the date of issuance in most of the state. In Nassau, Suffolk, and Westchester counties, the expiration period is not more than five years. 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.

New York Concealed Carry Reciprocity and Out-of-State Carry

New York is a licensed-carry state, not a permitless or constitutional-carry state. A license to carry a handgun is required under N.Y. Penal Law 400.00, and New York does not recognize any other state's carry permit. This section explains how out-of-state permits are treated in New York, the narrow statutory exemptions that let nonresidents possess firearms in limited circumstances, and the federal protections (LEOSA and FOPA) that travelers sometimes rely on.

New York Does Not Recognize Any Other State's Permit

New York State does not recognize or honor a concealed carry permit issued by any other state. The licensing framework in N.Y. Penal Law 400.00 requires anyone carrying a concealed handgun in New York to hold a New York pistol license issued by a New York licensing officer (typically a county court judge or sheriff, and in New York City the NYPD License Division). There is no reciprocity statute, and New York maintains no reciprocity agreements.

A visitor who holds a valid carry permit from a home state may not legally carry a concealed handgun in New York on the strength of that permit. Possessing or carrying a handgun without a New York license is a crime, discussed below.

Carrying Without a New York License Is a Crime

Possession of a handgun without the required license is charged under several Penal Law sections:

• Criminal possession of a firearm (Penal Law 265.01-b): possessing any firearm. This is a class E felony.
• Criminal possession of a weapon in the fourth degree (Penal Law 265.01): a class A misdemeanor.
• Criminal possession of a weapon in the third degree (Penal Law 265.02): a class D felony. Subdivisions covering assault weapons (265.02(7)) and large capacity ammunition feeding devices (265.02(8)) are class D violent felony offenses under Penal Law 70.02(1)(c).
• Criminal possession of a weapon in the second degree (Penal Law 265.03): possessing a loaded firearm outside the home or place of business is a class C felony, and it is a class C violent felony offense under Penal Law 70.02(1)(b).

The exemptions to these possession crimes are listed in Penal Law 265.20. A New York license issued under Penal Law 400.00 is itself the principal exemption (265.20(a)(3)). Out-of-state permits are not on the exemption list.

Narrow Statutory Exemptions for Nonresidents

Penal Law 265.20 sets out exemptions to the criminal possession statutes, including Penal Law 265.01, 265.01-a, 265.01-b, 265.02, 265.03, 265.05, 265.10, 265.15, 265.36, 265.37, and 270.05, among others. A handful of these exemptions reach nonresidents in narrow circumstances.

• Out-of-state law enforcement (Penal Law 265.20(a)(11)): a police officer or sworn peace officer of another state may possess a firearm or large capacity ammunition feeding device while conducting official business within New York.

• College or university pistol teams (Penal Law 265.20(a)(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 the firearm is unloaded and carried in a locked carrying case with ammunition in a separate locked container.

• Higher-education gun safety courses (Penal Law 265.20(a)(12-a)): a registered student of a higher education institution chartered by New York may possess and use a pistol or revolver at an indoor or outdoor shooting range while participating in a gun safety and proficiency course offered by that institution, under the immediate supervision of a qualified instructor described in Penal Law 265.20(a)(7).

• NRA or IHMSA competitive matches (Penal Law 265.20(a)(13)): a nonresident may possess pistols and revolvers while attending or traveling to or from an organized competitive pistol match or league competition under the 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, within forty-eight hours of the event. Requirements:

  • No prior conviction of a felony (or of a crime that would be a felony in New York).
  • The pistols or revolvers are transported unloaded in a locked opaque container, together with a copy of the match program, schedule, or registration card (which is prima facie evidence of the exemption).
  • The person also possesses a pistol license or firearms registration card issued by the place of residence.
  • A person licensed in a jurisdiction that does not authorize licensing of a previously convicted felon is presumed to have no prior conviction. The Superintendent of State Police annually reviews and publishes a list of U.S. and Canadian jurisdictions that prohibit firearm possession by convicted felons.

• NRA conventions or exhibitions (Penal Law 265.20(a)(13-a)): the same forty-eight-hour exemption applies to a nonresident registered participant attending or traveling to or from an organized NRA convention or exhibition for the display of or education about firearms, with the same conditions as 265.20(a)(13). This exemption does not apply in cities not wholly contained within a single county, which excludes New York City.

• Property of a decedent (Penal Law 265.20(a)(1)(f)): an executor, administrator, or other lawful possessor of the property of a decedent may continue to possess a firearm for a period not over fifteen days. If not lawfully disposed of within that period, the possessor must deliver it to an appropriate law enforcement official (or the Superintendent of State Police), who holds it and delivers it on written request to a named person who is licensed or otherwise lawfully permitted to possess it. If no request is received within one year, the official disposes of it under Penal Law 400.05.

Penal Law 265.20(a)(16) provides that the terms rifle, shotgun, pistol, revolver, and firearm as used in paragraphs 3, 4, 5, 7, 7-a, 7-b, 9, 9-a, 10, 12, 13, and 13-a do not include a disguised gun or an assault weapon. The nonresident exemptions therefore do not extend to assault weapons as defined under New York law.

Self-Defense Law Differs From Many Home States

Nonresidents should note that New York does not have stand-your-ground. Under Penal Law 35.15, a person may not use deadly physical force if the person can with complete personal safety avoid the necessity by retreating, except that there is no duty to retreat when the person is in his or her dwelling and is not the initial aggressor (the so-called castle exception). Penal Law 35.20 separately addresses defense of premises. A visitor accustomed to a stand-your-ground state should not assume New York law works the same way.

Federal Transport Protection for Travelers (FOPA)

The Firearms Owners' Protection Act, 18 U.S.C. 926A, allows a person who is not otherwise prohibited from possessing a firearm to transport it from a place where the person may lawfully possess and carry it to another such place, provided that during transport the firearm is unloaded and neither the firearm nor any ammunition is readily accessible or directly accessible from the passenger compartment. In a vehicle without a separate compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.

Cautions for travel through New York:

• New York, and New York City in particular, applies FOPA protection narrowly. Stops beyond what travel requires (overnight stays, sightseeing, extended visits) can take a traveler outside FOPA's protection.
• Travelers carrying a loaded handgun, or one that is accessible, can face felony charges under Penal Law 265.03 (criminal possession of a weapon in the second degree, a class C felony and a class C violent felony offense). Arrests of out-of-state travelers at New York City area airports are well documented even where the traveler believed FOPA applied.
• New York restricts large capacity ammunition feeding devices that hold more than ten rounds under Penal Law 265.00(23), 265.02(8), 265.36, and 265.37. Standard-capacity magazines that are lawful in a home state can be charged as crimes in New York.
• Transporting pistols or revolvers into, out of, or within New York City by a licensed manufacturer or its agent requires the consent of the NYPD Police Commissioner under Penal Law 265.20(a)(9-a)(b).

Law Enforcement Officers Safety Act (LEOSA)

LEOSA is federal law, not a New York exemption. Under 18 U.S.C. 926B and 926C, a qualified active or qualified retired law enforcement officer who carries the required identification may carry a concealed firearm notwithstanding state or local law, subject to limits:

• Federal facilities remain off-limits under 18 U.S.C. 930.
• LEOSA preserves the right of a state or local government to restrict carry on its own property and in its own buildings, and it does not override private-property restrictions.
• The Gun-Free School Zones Act exemption (18 U.S.C. 922(q)) is for persons licensed by the state in which the school zone is located. A person carrying solely under LEOSA is not carrying under a state license, so the exemption may not apply.

Officers relying on LEOSA in New York should carry valid agency photo identification plus proof of qualification, and many obtain a New York license for the broadest coverage.

Licensing Standard Under the CCIA

Following New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), which struck down New York's proper-cause requirement, New York enacted the Concealed Carry Improvement Act (L 2022, ch 371), effective September 1, 2022. The CCIA changed Penal Law 400.00 and added new location offenses.

Key features of the licensing standard in Penal Law 400.00, relevant to anyone considering a New York license:

• Age: at least 21 years old, with an exception for honorably discharged military (Penal Law 400.00(1)(a)).
• Good moral character (Penal Law 400.00(1)(b)): defined by statute 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." This is the statutory definition added by the CCIA, replacing the former proper-cause showing.
• Disqualifiers: no conviction anywhere of a felony or serious offense, not a fugitive, no disqualifying mental-health history, and the other eligibility criteria in Penal Law 400.00(1).
• In-person interview and references (Penal Law 400.00(1)(o)): an applicant for a carry license must meet in person with the licensing officer and provide contact information for a spouse or domestic partner and other adults in the home, at least four character references, and certification of training. The in-person interview, the four-reference requirement, and the contact-information requirement remain operative. The separate requirement to disclose a list of former and current social media accounts (Penal Law 400.00(1)(o)(iv)) was struck down. The Second Circuit held it unconstitutional, and it is not being enforced; applicants are not required to provide social media accounts.
• Training (Penal Law 400.00(19)): a minimum of sixteen hours of in-person classroom curriculum plus a minimum of two hours of live-fire range training, conducted by a duly authorized instructor with curriculum approved by the Division of Criminal Justice Services and the Superintendent of State Police. The applicant must score at least eighty percent on a written test and meet the live-fire proficiency standard.
• Recertification: carry licenses issued under paragraph (f) of subdivision two must be recertified or renewed every three years (Penal Law 400.00(10)(d)). A separate license to purchase or take possession of a semiautomatic rifle must be recertified every five years, and failure to renew it is a violation punishable by a fine not to exceed $250 (Penal Law 400.00(10)(c)).
• Revocation (Penal Law 400.00(11)): a conviction anywhere of a felony or serious offense operates as grounds for revocation, and a revoked or suspended licensee must surrender the license and firearms.

The CCIA also requires a license to purchase or take possession of a semiautomatic rifle (Penal Law 400.00(2)). Purchasing or taking possession of a semiautomatic rifle without that 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.

Sensitive and Restricted Locations

The CCIA created two location offenses that apply even to a licensed carrier. A traveler who somehow carries lawfully in New York still has to account for both.

• 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 the location is a sensitive location. The statutory list in 265.01-e(2) is long and includes government buildings and courts, health and behavioral-health facilities, places of worship, libraries, public playgrounds, public parks and zoos, schools and colleges, public transit and the facilities serving it, establishments licensed for on-premises alcohol consumption, theaters, stadiums, museums, amusement parks and other entertainment and gaming venues, polling places, protests and assemblies, and the area commonly known as Times Square. The offense is a class E felony. Subdivision 3 lists exemptions, including active and retired law enforcement under 18 U.S.C. 926B and 926C. The Second Circuit upheld these sensitive-location restrictions generally, so they remain operative and criminally enforceable. One item on the list is the exception: the place-of-worship ban (265.01-e(2)(c)) is enjoined and not enforced as a criminal ban, as explained in the litigation section below.

• Restricted locations / private property default (Penal Law 265.01-d): by its terms, this section 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 permitted firearm possession either by clear and conspicuous signage allowing it or by otherwise giving express consent. As written, the statute treats private property held open to the public as no-carry by default unless the owner affirmatively opts in. The offense is a class E felony, and subdivision 2 lists exemptions. The enforceability of this default is contested: a federal district court (WDNY, Case 22-CV-695-JLS) held the no-carry default unconstitutional, and the appellate status remains unsettled. Because of that, do not treat the 265.01-d default as firmly operative. At the same time, do not assume free carry on private property either. A private owner or business may always bar firearms under ordinary property and trespass law, so the safe practice is to carry on private commercial property only where the owner has clearly permitted it. (Note: this private-property default is Penal Law 265.01-d, not 265.01-e. The sensitive-location list is 265.01-e.)

Antonyuk Litigation and Current Enforceability

The CCIA's location restrictions and licensing provisions were challenged in Antonyuk v. James (formerly Antonyuk v. Hochul), and related cases. The Second Circuit, in Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), largely upheld the CCIA, including the good moral character licensing standard and most of the sensitive-location list. The Supreme Court denied certiorari in 2025, leaving the Second Circuit decision in place. A few applications were treated differently:

• Places of worship (Penal Law 265.01-e(2)(c)): the place-of-worship ban is enjoined and not enforced. The Second Circuit affirmed the district court injunction as to places of worship, so a license holder generally may carry in a place of worship. Two caveats: a place of worship is private property and its operator may still prohibit firearms through signage or under property law, and persons responsible for security at a place of worship are separately exempt. Do not treat the place-of-worship criminal ban as currently enforced.
• Social media disclosure (Penal Law 400.00(1)(o)(iv)): the requirement to disclose social media accounts was struck down. The Second Circuit held it unconstitutional, and it is not being enforced. This is more than a contested provision; it has been enjoined and is not operative.
• Restricted-location private-property default (Penal Law 265.01-d): a federal district court (WDNY, Case 22-CV-695-JLS) held the statutory no-carry default unconstitutional, and the appellate status is unsettled. The default is therefore not firmly operative, but a private owner may always bar firearms under property and trespass law, so the practical rule is to carry on private property only where the owner clearly permits it.
• Upheld provisions: the good moral character standard, the eighteen-hour training requirement (sixteen classroom hours plus two live-fire hours), the in-person interview, and the character references (other than the struck social media disclosure) were upheld and remain operative.

Because this area is actively litigated and the docket continues to move, anyone relying on a specific CCIA provision should confirm its current enforcement status before acting. The statutory text remains on the books; what changes is which applications a court has paused or struck.

Additional Overlays Relevant to Visitors

• Assault weapons (SAFE Act): New York broadly defines assault weapon in Penal Law 265.00(22). Possession is criminal possession of a weapon in the third degree under Penal Law 265.02(7), a class D violent felony offense. The nonresident exemptions in Penal Law 265.20(a) do not apply to assault weapons (Penal Law 265.20(a)(16)).
• Magazine capacity: large capacity ammunition feeding device is defined in Penal Law 265.00(23) as a device that can hold more than ten rounds. Possession is charged under Penal Law 265.02(8), 265.36, or 265.37. A separate seven-round load limit enacted with the SAFE Act was struck down in federal court and is not enforced; the ten-round capacity limit stands. A limited range exemption exists for magazines holding more than seven but not more than ten rounds (Penal Law 265.20(a)(7-f)), and a limited exemption exists for a qualified retired New York or federal law enforcement officer (Penal Law 265.20(e)).
• New York City is separate and stricter. New York City runs its own handgun licensing regime through the NYPD License Division under NYC Administrative Code 10-131 and Title 38 of the Rules of the City of New York. A New York State license issued elsewhere does not automatically authorize carry in New York City, and NYC imposes additional restrictions beyond state law.

Practical Summary

• New York recognizes no out-of-state carry permit. Do not carry a handgun in New York on a permit from another state.
• The only realistic lawful options for a nonresident are the narrow Penal Law 265.20 exemptions (mostly competition, education, and law-enforcement scenarios), FOPA transport, or LEOSA for qualifying officers.
• A loaded, accessible handgun without a New York license can be charged as a class C violent felony under Penal Law 265.03.
• Magazines over ten rounds and firearms meeting New York's assault-weapon definition are separate crimes regardless of a home-state permit.
• New York City has its own stricter licensing scheme. Treat it as a distinct jurisdiction.
• The CCIA's location rules and parts of its licensing scheme are still being litigated. Verify the current status of any specific provision before relying on it.

Use of Force Laws - New York

Overview

New York's use of force rules are codified in Penal Law Article 35 (Justification). New York maintains a duty to retreat before using deadly physical force outside the home and does not have a "Stand Your Ground" law. Courts apply a combined objective and subjective "reasonably believes" standard 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: the prior version of subdivision (2)(b) referred to "forcible sodomy." The statute now reads "forcible aggravated sexual abuse" and "a crime formerly defined in section 130.50 of this chapter by force." This is the current statutory text as of January 1, 2026.

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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

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

• Relevant knowledge the defendant had about the person confronting them, such as knowledge of prior violent acts by the assailant (People v. Miller, 39 N.Y.2d 543 (1976));
• The physical attributes of all persons involved;
• The defendant's prior experiences that could provide a reasonable basis for a belief that another person intended to injure or rob them; and
• The general reputation of the assailant for violence, if known to the defendant.

"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 safety may not use deadly physical force, except where one of the statutory exceptions applies (the dwelling, the enumerated felonies, or a qualifying burglary).

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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: in People v. Aiken, 4 N.Y.3d 324 (2005), the Court of Appeals held that a person standing in the doorway between their apartment and the common hallway of a multi-unit building has a duty to retreat into the home when they can safely do so.
• Common areas: hallways, lobbies, and shared spaces in apartment buildings are generally not part of the dwelling for Castle purposes.
• Cohabitants: New York courts have generally held the dwelling exception does not eliminate the duty to retreat against a cohabitant who shares the same dwelling, which matters in domestic-violence situations.

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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, including deadly physical force, when 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. What counts as a "dwelling" can differ depending on context (People v. Hernandez, 98 N.Y.2d 175 (2002)).

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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 in a "sensitive location" is a class E felony under Penal Law 265.01-e even for a licensee. The Second Circuit upheld these sensitive-location restrictions generally, so they are operative and criminally enforceable. The list is long and includes government buildings and courts, health-care facilities, libraries, public parks, playgrounds and zoos, schools, child-care and youth programs, shelters, and public transit, among others.
• Places of worship are an exception. The criminal place-of-worship ban in Penal Law 265.01-e(2)(c) is enjoined and not being enforced: a federal district court blocked it and the Second Circuit affirmed that injunction. A license holder generally may carry in a place of worship. A place of worship is still private property, so its operator may prohibit firearms through signage or by withholding consent, and persons responsible for security at the location are separately exempt.
• Penal Law 265.01-d makes it a class E felony to carry a firearm, rifle, or shotgun on another person's private property that is held open to the public unless the owner or lessee has posted clear and conspicuous signage permitting it or has given express consent. This statutory default of no-carry was held unconstitutional by a federal district court (W.D.N.Y., Case 22-CV-695-JLS) and its enforceability is unsettled on appeal, so do not treat the default as firmly operative. The practical point does not change either way: a private property owner may always bar firearms under property and trespass law, so carry on private commercial property only where the owner permits it.

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), cert. denied (2025), the Second Circuit upheld most of the law, including the good-moral-character standard, the 18 hours of training, the in-person interview, and the reference requirement. The court enjoined the place-of-worship sensitive-location ban, and that ban is not enforced. The requirement to disclose social-media accounts under Penal Law 400.00(1)(o)(iv) was struck down as unconstitutional and is not enforced. The private-property default under Penal Law 265.01-d was struck by a federal district court and its appellate status remains unsettled. Verify the current status of any specific location rule before relying on it.

New York City has its own separate and stricter handgun licensing regime under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York. A license or permit issued outside the City does not automatically 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. You must retreat before using deadly force if you know you can do so with complete safety, unless you are in your own dwelling and not the initial aggressor.
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. 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 an enforceable sensitive location under Penal Law 265.01-e. The sensitive-location rules are enforceable except for the enjoined place-of-worship ban, and a private property owner may always bar firearms on their own property regardless of how the Penal Law 265.01-d litigation is resolved.

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Important Notes

• New York does not have a "Stand Your Ground" law. The duty to retreat before deadly force 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 deadly force is a last resort when safe retreat is available outside the home.
• The cohabitant limitation on the dwelling exception means domestic-violence situations carry added legal complexity around the duty to retreat.
• This summary reflects New York statutory text current as of January 1, 2026 and Court of Appeals case law. 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. Outside the home, a person must retreat from a confrontation before using deadly physical force when retreat can be made with complete personal safety. The main exception is the Castle Doctrine, which removes the retreat obligation when the defender is inside their own dwelling and was not the initial aggressor.

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 35.15(1) allows a person to use ordinary (non-deadly) physical force when and to the extent he or she reasonably believes it 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. That justification does not apply if the actor provoked the encounter with intent to cause physical injury, was the initial aggressor (subject to a withdrawal exception), or the force is the product of combat by agreement not authorized by law (Penal Law 35.15(1)(a)-(c)).

Deadly physical force is governed by Penal Law 35.15(2) and is permitted only in 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) do not contain a retreat clause of their own.

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

Under Penal Law 35.15(2)(a)(i), a person who is in his or her dwelling and was not the initial aggressor has no duty to retreat before using deadly physical force in lawful self-defense. A person lawfully present in their own home, faced with what they reasonably believe to be the use or imminent use of deadly physical force, may stand their ground inside the dwelling.

New York courts have applied a strict definition of "dwelling" for this purpose. Whether a particular area counts as part of the dwelling turns on the extent to which the defendant exercises exclusive possession and control over the area (People v Hernandez, 98 NY2d 175 (2002)).

Areas generally treated as part of the dwelling:

• The interior of the home or apartment.
• Curtilage areas such as porches or enclosed yards, where the occupant exercises exclusive possession and control (case-dependent).

Areas generally not treated as part of the dwelling:

• Shared hallways, stairwells, and lobbies in multi-unit buildings.
• The doorway or threshold between a private apartment and a common area.
• Any space where nonresidents could ordinarily stand, such as to knock or ring a bell.

In People v Aiken, 4 NY3d 324 (2005), the Court of Appeals held that a defendant standing in the doorway of his apartment, straddling the private apartment and the public hallway, was not entitled to a Castle Doctrine instruction. The court reasoned that the threshold was a hybrid private-public space and that the defendant could have closed the door to be secure within his home.

Defense of Premises and Burglary (Penal Law 35.20)

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

• A person may use non-deadly physical force to prevent or terminate a crime involving damage to premises, and may use deadly physical force only to prevent or terminate arson (Penal Law 35.20(1)).
• A person in possession or control of premises, or one licensed or privileged to be there, may use non-deadly force to prevent or terminate a criminal trespass, and deadly force only as allowed for arson or in the course of a burglary under subdivision three (Penal Law 35.20(2)).
• 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 (Penal Law 35.20(3)).

The terms "premises," "building," and "dwelling" in this section carry the meanings set out in Penal Law 140.00 (Penal Law 35.20(4)). Because of this cross-reference, the definition of "dwelling" used for defense of premises under 35.20 is drawn from the burglary statute and is not necessarily identical to the dwelling concept applied to the retreat exception in 35.15.

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 everywhere outside the dwelling (subject only to the statutory exceptions in Penal Law 35.15(2)(a)(ii), and the separate justifications in 35.15(2)(b) and (2)(c)). On a public street, in a vehicle, or in a business the person does not occupy as a dwelling, a defender who can retreat with complete personal safety must do so before resorting to deadly force.

Key Statutory References

Key Case Law

Practical Implications for Permit Holders

• Outside the home, you have a legal duty to retreat before using deadly force if you can do so with complete personal safety to yourself and others. This applies on public streets, in vehicles, and in businesses you do not occupy as a dwelling.
• Inside your home, if you are not the initial aggressor, you have no duty to retreat and may use deadly physical force when you reasonably believe the attacker is using or about to use deadly physical force.
• Common areas of multi-unit buildings, including hallways, stairwells, lobbies, and doorways, are generally not part of your dwelling, and the Castle Doctrine does not apply there.
• You may use deadly physical force to prevent or terminate a burglary of your dwelling or occupied building under Penal Law 35.20(3). The "dwelling" definition for that provision comes from Penal Law 140.00.
• 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

New York does not impose an affirmative "duty to inform." A licensed carrier is not required by statute to proactively announce to a police officer that they are armed during a traffic stop or other encounter. What New York law does require is that you carry your license and present it for inspection when an officer demands it. Practically, this functions as a duty to produce your license on request rather than a duty to volunteer that you are carrying.

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 required to possess or carry a handgun, and that license carries with it specific carry-and-exhibit obligations.

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.

There is no language in Penal Law 400.00(8), or elsewhere in Penal Law 400.00, that requires a licensee to initiate disclosure of the firearm. The obligation is triggered by the officer's demand, not by the encounter itself.

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. 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 even if you are never stopped.
2. You are not legally required to blurt out that you are armed the moment an officer approaches. New York imposes no affirmative notification duty.
3. If an officer asks whether you are carrying or demands to see your license, you must comply and present the license. Refusing or being unable to produce it triggers the statutory presumption that you are not duly licensed.
4. Producing your license promptly and calmly is the safest course. Many officers will treat a cooperative, licensed carrier very differently from someone who is evasive.

New York City Note

A New York State pistol license is generally not valid within New York City unless a special permit granting validity is issued by the NYPD police commissioner, as provided in Penal Law 400.00(6). New York City administers its own, stricter handgun licensing under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York. If you carry in the five boroughs, the same exhibit-on-demand expectations apply, and you should confirm your license is valid for the City before carrying there.

Bottom Line

New York has no affirmative duty to inform. It has a duty to carry your license and to exhibit it upon an officer's demand under Penal Law 400.00(8). Treat the physical license as something that must always travel with the handgun, and produce it without hesitation when an officer asks, 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 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 - separate New York City handgun licensing

Training Requirements

New York is a licensed-carry state. A license issued under New York Penal Law 400.00 is required to possess or carry a handgun, and there is no permitless or constitutional carry. To get a concealed carry license, an applicant must complete a state-mandated firearms safety training course. This requirement took effect September 1, 2022 as part of the Concealed Carry Improvement Act (CCIA), the law New York enacted after the Supreme Court decision in New York State Rifle and Pistol Association v. Bruen.

The training mandate is set out in Penal Law 400.00(19). It applies to applicants for a license to carry a concealed pistol or revolver, which the statute identifies as a license under paragraph (f) of subdivision two of section 400.00.

What the CCIA Changed

Bruen struck down New York's old "proper cause" standard, under which an applicant had to show a special need to carry. The CCIA removed that standard and replaced it with a set of enhanced eligibility requirements. For carry-license applicants these now include:

• A "good moral character" finding. Penal Law 400.00(1) 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."
• An in-person interview with the licensing officer (Penal Law 400.00(1)(o)).
• Names and contact information for at least four character references (Penal Law 400.00(1)(o)(ii)).
• Completion of the 18-hour firearms safety training course described below (Penal Law 400.00(19)).

The CCIA also directed applicants to disclose a list of current and former social media accounts (Penal Law 400.00(1)(o)(iv)). That specific disclosure requirement was challenged in the Antonyuk litigation and has been enjoined, so it is not currently enforced. The training requirement itself was not enjoined and remains in effect. Treat the social-media item as paused and the training requirement as fully operative.

The Required Course: 16 + 2 Hours

Under Penal Law 400.00(19), before a carry license is issued or renewed the applicant must complete an in-person, live firearms safety course taught by a duly authorized instructor, using a curriculum approved by the New York State Division of Criminal Justice Services (DCJS) and the Superintendent of State Police. The statute sets two components:

• A minimum of 16 hours of in-person live classroom curriculum.
• A minimum of 2 hours of live-fire range training.

That is 18 hours total. The course must be in person. There is no online substitute for the required hours.

Classroom Topics (16 Hours)

Penal Law 400.00(19)(a) lists the topics the classroom curriculum must cover. It states the course "shall include but not be limited to" the following:

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 Penal Law 265.01-e(2) and the restrictions on possession in restricted places under Penal Law 265.01-d
8. Conflict management
9. Use of deadly force
10. Suicide prevention
11. The basic principles of marksmanship

The statute does not assign a fixed number of hours to each topic. It requires that the 16-hour curriculum cover all of these subjects.

Written Test

Penal Law 400.00(19) requires the applicant to "demonstrate proficiency by scoring a minimum of eighty percent correct answers on a written test" covering the classroom curriculum. An applicant must score at least 80 percent to pass.

Live-Fire Range Training (2 Hours)

The applicant must also complete at least 2 hours of live-fire range training (Penal Law 400.00(19)(b)) and demonstrate the proficiency level set by the rules and regulations that DCJS and the State Police promulgate for the live-fire portion. The statute delegates the specific live-fire standard to the DCJS and State Police Minimum Training Standards rather than fixing the marksmanship score in the statute itself.

The DCJS and State Police Minimum Training Standards describe the live-fire qualification an instructor administers, including drawing from concealment, loading and unloading, firearm condition checks, and firing a short course of fire at close range with a minimum hit standard. Because these operational details live in the standards document and not in the statute, confirm the current qualification course of fire, target, distance, and hit count with your authorized instructor or against the published DCJS standards before relying on a specific number.

Certificate of Completion

When the applicant demonstrates the required proficiency, the duly authorized instructor issues a certificate of completion in the applicant's name, endorsed and affirmed under the penalties of perjury (Penal Law 400.00(19)). This certificate is what the applicant submits to the licensing officer as proof of training.

Who Must Complete Training

The training requirement applies to concealed carry license applicants. The state's official guidance and the statute draw these lines:

Recertification with the State Police (for licenses issued outside the four expiring jurisdictions) does not by itself trigger the training course. Renewal in a jurisdiction where the license carries an expiration date (NYC, Westchester, Nassau, Suffolk) does.

Prior Training Credit and Law Enforcement / Military

Local licensing officers have discretion to decide whether some or all of the training requirement is satisfied for an applicant who completed a firearm safety course within the previous 5 years.

The requirement applies to all carry-license applicants, including retired law enforcement and former military. There is no automatic statutory exemption for them. A licensing officer may, however, treat the requirement as satisfied for an active or retired law enforcement officer or military member who received firearm training that exceeded the standards of the civilian course as part of their service (for example, the New York State Basic Course for Police Officers). This is a discretionary determination by the local licensing officer, not an automatic exemption.

Authorized Instructors

The course must be taught by a "duly authorized instructor." Penal Law 265.00(19) defines that term. It includes a duly commissioned officer of the U.S. Army, Navy, Marine Corps, or Coast Guard or of the New York National Guard; a qualified adult U.S. citizen holding an instructor certificate in small arms practice from the U.S. Army, Navy, or Marine Corps, the state Adjutant General, DCJS, or the National Rifle Association; a person designated by the Department of Environmental Conservation as its agent for instruction in responsible hunting practices; and a New York State 4-H certified shooting sports instructor. The classroom and live-fire curriculum used must be the curriculum approved by DCJS and the State Police.

Cost and Locations

The state does not set or cap pricing. Training costs and locations are set by the individual instructor. The required course must be conducted in person.

Westchester County Certificate

Westchester County has a longstanding firearms safety course requirement that is separate from the statewide CCIA training. Under Penal Law 400.00(1)(l) and Penal Law 400.00(4-c), a Westchester applicant must, at the time of application, submit a certificate of successful completion of a firearms safety course and test, issued in the applicant's name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor. The licensing officer also provides each applicant a copy of the safety course booklet.

Recertification and Renewal Periods

Penal Law 400.00(10) governs how long a license lasts and how it is recertified or renewed:

• Concealed carry licenses (paragraph (f) licenses) are recertified or renewed every 3 years (Penal Law 400.00(10)(d)). The CCIA shortened this from the prior 5-year cycle.
• In New York City and in Nassau, Suffolk, and Westchester counties, a carry license carries an expiration date and is renewed every 3 years.
• Outside those jurisdictions, a license generally does not expire but the holder must recertify to the Division of State Police on the applicable cycle. Failure to recertify acts as a revocation of the license (Penal Law 400.00(10)(b)).
• Premises licenses follow the general recertification schedule and were not shortened by the CCIA. The state's guidance describes premises recertification as every 5 years.

Recertification is an information-update filing (current name, date of birth, address, and the make, model, caliber, and serial number of firearms possessed). It is not the same as the training course, and recertifying with the State Police does not require retaking the firearms safety training.

Why Training Matters Beyond the License

A carry license is what makes possession and carry of a handgun lawful in New York. Carrying or possessing a handgun without the required license is a crime. Depending on the conduct, it can be charged as criminal possession of a firearm under Penal Law 265.01-b or as a higher degree of criminal possession of a weapon. The classroom curriculum is built around the rules that keep a licensed carrier out of trouble: the sensitive-location ban in Penal Law 265.01-e, the restricted-location (private property) default in Penal Law 265.01-d, and New York's use-of-force law, which imposes a duty to retreat outside the home before using deadly force (Penal Law 35.15) and recognizes a Castle exception inside the dwelling. New York has no stand-your-ground rule. Note also that New York City administers its own separate, stricter handgun licensing under the NYC Administrative Code and the Rules of the City of New York, in addition to the statewide requirements described here.

Key Statutes

• New York Penal Law 400.00(19) - concealed carry firearms safety training course (16-hour classroom + 2-hour live-fire, 80 percent written test, certificate of completion).
• New York Penal Law 400.00(1) - eligibility, including the good moral character definition.
• New York Penal Law 400.00(1)(o) - in-person interview, four character references, and the (enjoined) social media disclosure.
• New York Penal Law 400.00(1)(l) and 400.00(4-c) - Westchester County firearms safety course certificate.
• New York Penal Law 400.00(10) and 400.00(10)(d) - license expiration, recertification, and renewal periods.
• New York Penal Law 265.00(19) - definition of "duly authorized instructor."
• New York Penal Law 265.01-e and 265.01-d - sensitive and restricted locations, which the curriculum must cover.

Recent Changes

• September 1, 2022: The 18-hour firearms safety training course (16-hour classroom plus 2-hour live-fire) became mandatory for new concealed carry license applicants and for renewals in NYC, Westchester, Nassau, and Suffolk counties (Penal Law 400.00(19)).
• September 1, 2022: The carry-license recertification and renewal period was shortened to 3 years (Penal Law 400.00(10)(d)).
• Ongoing: The CCIA was challenged in Antonyuk v. James / Antonyuk v. Hochul. The Second Circuit largely upheld the law, the training requirement remains in force, and the social media disclosure item has been enjoined. Litigation over various CCIA provisions has continued, so verify the current status of any disputed provision before relying on it.

Applying for a New York Concealed Carry License

New York is a licensed-carry state, not a permitless or constitutional-carry state. You must hold a license issued under New York Penal Law 400.00 to lawfully possess or carry a pistol or revolver in the state. Carrying a handgun without that license is a crime, not a ticket. There is no version of New York law under which an ordinary resident may carry a concealed handgun without first obtaining a license.

The license that authorizes carrying a handgun on your person is the "have and carry concealed" license issued under Penal Law 400.00(2)(f). It is administered at the local level by a licensing officer. Penal Law 265.00(10) defines who that officer is: in most counties it is a judge or justice of a court of record sitting in the county of issuance; in New York City it is the police commissioner; in Nassau County it is the county commissioner of police; and in Suffolk County it is the county sheriff, except in the towns of Babylon, Brookhaven, Huntington, Islip, and Smithtown, where the licensing officer is the county commissioner of police. Applications are processed through county clerks, sheriffs' offices, or police departments depending on the county.

Why the License Matters

Possessing or carrying a handgun in New York without the required Penal Law 400.00 license is a felony in most circumstances.

• Criminal possession of a firearm, Penal Law 265.01-b, applies to possessing any firearm (which in New York means a handgun, plus certain other defined weapons) without a license. It is a class E felony.
• Criminal possession of a weapon in the second degree, Penal Law 265.03, applies to possessing a loaded firearm outside one's home or place of business. It is a class C felony.
• Criminal possession of a weapon in the fourth degree, Penal Law 265.01, is a class A misdemeanor.

Exemptions from these offenses are listed in Penal Law 265.20 (for example, certain on-duty law enforcement and other narrow categories). For an ordinary applicant, the practical path to lawful carry is a 400.00 license.

Statutory Authority and the Post-Bruen Changes

Penal Law 400.00 governs the issuance of all pistol and revolver licenses statewide. After the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen (2022), New York enacted the Concealed Carry Improvement Act (CCIA), most provisions of which took effect September 1, 2022.

The CCIA removed the old "proper cause" standard, so an applicant no longer has to prove a special need for self-defense. In its place the CCIA added enhanced eligibility and application requirements: a statutory "good moral character" standard, 18 hours of safety training, an in-person interview, character references, and disclosure of household members. The CCIA also directed applicants to list their social media accounts, but a federal court struck that requirement down and it is no longer enforced (see below).

Several CCIA provisions were challenged in Antonyuk v. James (formerly Antonyuk v. Hochul and Antonyuk v. Chiumento). In its October 24, 2024 decision (120 F.4th 941), the U.S. Court of Appeals for the Second Circuit upheld the core of the licensing framework, including the good moral character standard, the 18-hour training requirement, the in-person interview, and the character-reference requirement. The Second Circuit struck down the requirement that applicants disclose their social media accounts. It also left in place a district court injunction blocking enforcement of the sensitive-location ban as applied to places of worship, while the rest of the sensitive-location restrictions stayed in force. The Supreme Court denied review in 2025. The licensing and eligibility requirements described below are currently in effect. Because the litigation has been active, confirm the current status of any specific requirement with your licensing officer before relying on it.

License Types Under Penal Law 400.00(2)

• Have and possess in a dwelling, Penal Law 400.00(2)(a): a premises license for a householder, limited to the home.
• Have and possess in a place of business, Penal Law 400.00(2)(b): a premises license for a merchant or storekeeper, limited to that business.
• Have and carry concealed by any person, Penal Law 400.00(2)(f): the concealed carry license, issued without regard to employment, subject to state and federal restrictions. This is the license most applicants seek.
• Semiautomatic rifle license, Penal Law 400.00(2): a separate license required to purchase or take possession of a semiautomatic rifle (other than an assault weapon or disguised gun) when the transfer occurs on or after the 2022 amendment. Applicants must be 21 or older.

Penal Law 400.00 uses "license" rather than "permit," though the two terms are often used interchangeably in everyday speech.

Eligibility Requirements (Penal Law 400.00(1))

An applicant must be:

• At least 21 years old. Penal Law 400.00(1)(a). The age requirement does not apply to an applicant honorably discharged from the U.S. armed forces or the New York National Guard.
• Of 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 is the statutory definition that replaced the discretionary "proper cause" test. The Second Circuit upheld this standard in Antonyuk v. James.
• Free of disqualifying convictions and status. An applicant may not have a felony or "serious offense" conviction (Penal Law 400.00(1)(c)), may not be a fugitive, an unlawful drug user, or otherwise federally prohibited, and may not be subject to certain mental health adjudications or active orders (Penal Law 400.00(1)(d) through (m)).
• For a carry license, free of certain recent convictions. Penal Law 400.00(1)(n) disqualifies an applicant convicted within five years of third-degree assault (Penal Law 120.00), misdemeanor driving while intoxicated (Vehicle and Traffic Law 1192), or menacing (Penal Law 120.15).

Citizenship is not required. A noncitizen who is lawfully present may apply, subject to the federal conditions in Penal Law 400.00(1)(f). New York does not impose a state residency requirement to apply; applications are filed where the applicant resides, is principally employed, or has a principal place of business (Penal Law 400.00(3)).

What a Concealed Carry Applicant Must Submit (Penal Law 400.00(1)(o))

For a carry license under paragraph (f), the applicant must meet in person with the licensing officer for an interview and, in addition to the standard application, must provide:

1. Household information. Names and contact information for a current spouse or domestic partner, any other adults residing in the home (including adult children), and whether any minors reside there full time or part time. Penal Law 400.00(1)(o)(i). This requirement is in effect.
2. At least four character references who can attest to the applicant's good moral character and that the applicant has not engaged in conduct or made statements suggesting a likelihood of harm to self or others. Penal Law 400.00(1)(o)(ii). This requirement is in effect. Some counties impose additional rules on who may serve as a reference; confirm with the local licensing officer.
3. Certificate of completion of the required training under Penal Law 400.00(19) (see below). Penal Law 400.00(1)(o)(iii). This requirement is in effect.
4. Social media accounts (struck down, not enforced). On its face, Penal Law 400.00(1)(o)(iv) directed applicants to list their former and current social media accounts from the past three years. The Second Circuit held this requirement unconstitutional in Antonyuk v. James. It has been struck down and is not enforced, so applicants are not required to disclose social media accounts.
5. Any other information the licensing officer reasonably requires that is related to the review. Penal Law 400.00(1)(o)(v).

The standard application (Penal Law 400.00(3)) also requires a signed and verified statement of the applicant's identifying information and eligibility, plus a photograph taken within 30 days before filing. New York's statewide pistol/revolver license application is the PPB-3, available from the New York State Police.

Training Requirement (Penal Law 400.00(19))

Before a carry license is issued or renewed, the applicant must complete an in-person live firearms safety course taught by a duly authorized instructor using a curriculum approved by the Division of Criminal Justice Services (DCJS) and the Superintendent of State Police. The course must include:

• A minimum of 16 hours of in-person classroom instruction covering general 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 and the restricted locations in Penal Law 265.01-d, use of deadly force, suicide prevention, and basic marksmanship.
• A minimum of 2 hours of live-fire range training.

That is 18 hours total. The applicant must score at least 80 percent on a written test and demonstrate the required live-fire proficiency. The instructor then issues a certificate of completion in the applicant's name, affirmed under penalty of perjury. An honorably discharged service member who can show official firearms qualification during service may be exempt from the portions of the course covering safe use, carrying, possession, maintenance, and storage (Penal Law 400.00(1)(l)).

Investigation and Fingerprinting (Penal Law 400.00(4))

The local police authority investigates every statement in the application and takes the applicant's fingerprints in quadruplicate. One card goes to DCJS in Albany, one to the FBI, and the results are reported to the licensing officer. Mental health records and out-of-state records may be reviewed as part of the investigation.

Application Steps (General Statewide Flow)

1. Obtain the state application (PPB-3) and any county-specific forms from your local licensing officer or county clerk.
2. Complete the required 16-hour classroom plus 2-hour live-fire training and obtain your certificate.
3. Gather supporting documents: identification, photograph, the four character references, household disclosures, and certified dispositions for any prior arrests.
4. Submit the application in person to the licensing officer or designated office in your county or city of residence or principal employment. Complete the in-person interview.
5. The police authority conducts the background investigation and fingerprint check.
6. The licensing officer reviews the file and either grants the license or denies it in writing with specific reasons (Penal Law 400.00(4-b)).

Processing Time (Penal Law 400.00(4-b))

By statute, the licensing officer must act on the application within six months of the date it is presented. A longer delay is allowed only for good cause specific to the applicant and only upon written notice to the applicant stating the reasons. In practice, actual processing times vary by county and can run shorter or longer in either direction, but the six-month statutory deadline is the operative legal standard.

Where the License Is Valid (Penal Law 400.00(6))

A license to carry is effective throughout New York State, with one major exception: it is not valid within New York City unless the New York City Police Commissioner issues a special permit recognizing it. New York City operates its own separate, stricter handgun licensing system. The statute provides narrow allowances for transporting a handgun through the city in a locked container during a continuous trip, but a county-issued carry license does not by itself authorize carrying in New York City.

New York City: A Separate System

New York City licenses handguns through the NYPD License Division, not the state pistol-license process used elsewhere. Applications are submitted online. The NYPD issues several license types, including Premises Residence, Premises Business, Carry Business, Limited Carry Business, Special Carry, and Carry Guard licenses. NYPD handgun license terms are three years.

NYPD fees (separate from any state fee):

• Handgun license application or renewal: $340.
• Rifle/shotgun permit: $140.
• Fingerprint fee: $88.25.

Certain retired law enforcement officers employed in New York State are not required to pay the NYPD handgun license application fee, though all applicants pay the fingerprint fee. Fees are non-refundable.

Fees Outside New York City (Penal Law 400.00(14))

The statutory fee structure differs by region:

• New York City and the counties of Nassau and Westchester set their own carry/possess license fees by local legislative action. The statutory gunsmith fee is $25 and the dealer fee is $50 in those jurisdictions.
• Elsewhere in the state, the licensing officer collects a fee set by the county legislative body of not less than $3 and not more than $10 for each pistol or revolver license. Amendments are $3 ($5 in Suffolk County), a duplicate license is $5, and a transfer between counties is $5.

Many counties charge additional, separately collected processing or fingerprinting fees, so the total out-of-pocket cost varies widely by county. Confirm the current amount with your local licensing officer. The processing fee for a license or renewal is waived statewide for qualified retired police officers and certain other qualified retired law enforcement and court officers (Penal Law 400.00(14)).

Recertification and Renewal (Penal Law 400.00(10))

New York requires periodic recertification of pistol licenses with the Division of State Police.

• Concealed carry licenses issued under paragraph (f) must be recertified or renewed every three years (Penal Law 400.00(10)(d)).
• Premises and other pistol licenses must be recertified to the State Police every five years (Penal Law 400.00(10)(b)).
• In New York City, licenses run three-year terms and renew every three years.
• In Nassau, Suffolk, and Westchester counties, premises licenses expire no more than five years after issuance (Penal Law 400.00(10)(a)).

Failure to recertify acts as a revocation of the license. The safety training course is not required again merely to recertify a concealed carry license. Statewide recertification can be completed through the New York State Police at gunsafety.ny.gov.

Denials and Appeals (Penal Law 400.00(4-a))

If an application is denied, not renewed, not recertified, or revoked, the licensing officer must issue a written notice stating the reasons. Within 90 days of receiving that notice, the applicant may request a hearing to appeal to the appeals board created by DCJS and the Superintendent of State Police. The applicant may be represented by counsel and may present additional evidence. A licensing officer's denial may also be challenged in court through an Article 78 proceeding under the Civil Practice Law and Rules.

Revocation (Penal Law 400.00(11))

A license is revoked or becomes grounds for revocation if the licensee is convicted of a felony or serious offense, otherwise becomes ineligible, or knowingly made a material false statement on the application. Notice of revocation must be in writing, supported by a preponderance of the evidence, and must explain the right to appeal.

Penal Law 400.00(18) provides that a conviction under the sensitive-location statute (Penal Law 265.01-e) or the restricted-location statute (Penal Law 265.01-d) is grounds for revocation. The sensitive-location restrictions are generally in force and criminally enforceable as a class E felony, with one exception: the ban on carrying in a place of worship remains enjoined under the Antonyuk litigation and is not being enforced. The restricted-location statute's default rule, which makes it a crime to carry on private property held open to the public unless the owner posts a sign or gives express consent, was held unconstitutional by a federal district court (Western District of New York, Case 22-CV-695-JLS), and its enforceability is unsettled on appeal. Regardless of that statute's status, a private property owner may always bar firearms under ordinary property and trespass law, so the safe practice is to carry on private commercial property only where the owner permits it.

Related Topics

This section covers the licensing and application process. Where you may and may not carry once licensed (sensitive locations under Penal Law 265.01-e and restricted private property under Penal Law 265.01-d), the rules on the use of force and the duty to retreat (Penal Law 35.15 and 35.20), and New York's assault-weapon and magazine restrictions (Penal Law 265.00, 265.02, 265.36, and 265.37) are addressed in their own sections. New York federal overlays such as the Gun Control Act prohibited-person rules (18 U.S.C. 922(g)) and the federal ban on carrying in the secured area of an airport or aboard an aircraft (49 U.S.C. 46505) apply in addition to state law.

Contact and Resources

• New York State Police firearms information: troopers.ny.gov/firearms.
• State gun safety and recertification: gunsafety.ny.gov.
• New York City handgun licensing: the NYPD License Division (online applications only).

Procedures, county-specific forms, and locally set fees change over time. Applicants should confirm current requirements with the licensing officer in their county or, for New York City, with the NYPD License Division before applying.

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. For a concealed carry license (a "have and carry" license issued under Penal Law 400.00(2)(f)), the license expires and must be renewed every 3 years (Penal Law 400.00(10)(a), (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 (Penal Law 400.00(10)(a)). Instead, the holder must recertify with the New York State Police on a fixed cycle.

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

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 subdivision 10(d) controls over the general expiration periods in subdivision 10(a). 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.
• 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)).

It is the license holder's responsibility to recertify on time whether or not the State Police mail a reminder.

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 filing a timely renewal application extends the term until the licensing officer acts on 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, never-cancelled, never-revoked license is punishable only as a class A misdemeanor under Penal Law 400.00, rather than as a felony under Article 265 (Penal Law 400.00(17)). Do not rely on these windows 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 before the state appeals board within 90 days of receiving that notice (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.

Local licensing officers have discretion to credit some or all of the training for applicants who completed a comparable firearm safety course in the previous five years, and may satisfy the requirement for active or retired military and law enforcement who received equivalent training in the course of their service.

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 (New York imposes a duty to retreat outside the home before using deadly physical force under Penal Law 35.15(2)); 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 and is tied to you and to the firearms it lists (Penal Law 400.00(6)). 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 later learn during recertification that a license holder failed to report an address change, they are not required to have the license revoked for that reason alone (Penal Law 400.00(10)(b)).
• 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 is generally not valid within New York City absent a special permit or one of the narrow transport exceptions in Penal Law 400.00(6). 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 Ongoing Litigation

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 / Antonyuk v. Hochul. The U.S. Court of Appeals for the Second Circuit largely upheld the law, including the licensing eligibility and training framework, while some applications were narrowed or enjoined. Notably, the State Police are not currently enforcing the restricted-location default in Penal Law 265.01-d as applied to private property that is held open to the public, due to a court ruling. The renewal, recertification, and training-at-renewal provisions described here remain operative. Because this area is actively litigated, confirm current enforcement with the New York State Police or your county licensing officer before relying on any single rule.

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)(d) - Three-year recertification or renewal for concealed carry (paragraph (f)) licenses
• 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

New York Pistol License - Fees and Costs

Overview

New York is a licensed-carry state. You cannot lawfully possess or carry a handgun in New York without a license to carry under Penal Law 400.00. There is no constitutional or permitless carry. After the Supreme Court struck down New York's "proper cause" standard in New York State Rifle & Pistol Association v. Bruen (2022), the Legislature passed the Concealed Carry Improvement Act (CCIA, effective September 1, 2022). The CCIA removed proper cause but added new eligibility and training requirements, including a "good moral character" finding, an in-person interview, character references, and a mandatory live firearms safety course. Most of the CCIA was upheld by the Second Circuit in Antonyuk v. James (2024), though some applications remain in active litigation.

Licenses are administered at the county level by a local licensing officer (typically a Supreme Court or County Court judge, or in some counties a sheriff or county-designated official). Because licensing is decentralized, the out-of-pocket cost varies by county. The Penal Law caps the core county license fee at a low statutory amount, but applicants also pay for fingerprinting, photos, notarization, and the required training course, none of which the state caps.

The master licensing statute is Penal Law 400.00. The statutory fee schedule is in Penal Law 400.00(14).

New York does not issue a separate document called a "concealed carry permit." The state issues a single pistol or revolver license under Penal Law 400.00. A "carry concealed" license is the type issued under Penal Law 400.00(2)(f), which allows carry "without regard to employment or place of possession." Other license types (premises-only for a home or business) are also issued under section 400.00.

New York City runs its own separate, stricter handgun licensing system through the NYPD License Division (NYC Administrative Code 10-131; Title 38 of the Rules of the City of New York). NYC fees and procedures differ from the county system described below. NYC applicants should contact the NYPD License Division directly.

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What the Penal Law Actually Charges

Penal Law 400.00(14) sets the only statewide statutory fees. Outside New York City and the counties of Nassau and Westchester, the licensing officer collects and pays into the county treasury:

In New York City and in Nassau and Westchester counties, the statute sets the annual gunsmith license fee at $25.00 and the dealer license fee at $50.00, and lets the city council or county legislative body fix the fee charged for a license to carry or possess a handgun. That is why Westchester's posted processing fee is much higher than the $3 to $10 band that applies elsewhere.

The processing fee for a license, or a renewal, is waived in all counties for qualified retired law enforcement, specifically a qualified retired police officer, a qualified retired sheriff, undersheriff, or deputy sheriff of New York City, a qualified retired bridge and tunnel officer, sergeant or lieutenant, a qualified retired uniformed court officer, a qualified retired court clerk in the first and second judicial departments, and a retired correction officer, each as defined in the Criminal Procedure Law sections cross-referenced in Penal Law 400.00(14). This waiver covers the processing or renewal fee, not every county or vendor charge.

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Total Estimated Costs by County

The figures below are approximate out-of-pocket totals for a new carry license, drawn from each county's published guidance, not from the Penal Law. County fees and vendor charges change without notice, so confirm current amounts with your county licensing authority before applying.

Passport-style photos ($7 to $16), notarization, and reference-related costs are extra and vary by county.

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Costs Most Applicants Share

Regardless of county, most carry applicants incur these baseline costs:

Fingerprinting via IdentoGo

Several counties direct applicants to schedule electronic fingerprinting through IdentoGo (operated by IDEMIA). Oswego County, for example, instructs applicants to use uenroll.identogo.com or call 877-472-6915 with service code 157QJJ. The LiveScan fee of about $89.75 covers both the DCJS and FBI background checks. Some counties (for example, Jefferson) take fingerprints in-house at the sheriff's office for a separate fee.

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The Required Training Course (Penal Law 400.00(19))

Before a carry license under Penal Law 400.00(2)(f) is issued or renewed, the applicant must complete an in-person live firearms safety course taught by a duly authorized instructor, with curriculum approved by DCJS and the Superintendent of State Police. "Duly authorized instructor" is defined in Penal Law 265.00(19).

Penal Law 400.00(19) sets the structure:

• A minimum of 16 hours of in-person, live, approved curriculum, and
• A minimum of 2 hours of live-fire range training.

That is 18 hours total. The statute lists the following classroom topics:

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 Penal Law 265.01-e(2) and the restrictions on possession in restricted places under Penal Law 265.01-d
8. Conflict management
9. Use of deadly force
10. Suicide prevention
11. The basic principles of marksmanship

To pass, the applicant must score at least 80 percent on a written test for the classroom curriculum and meet the live-fire proficiency level set by DCJS and State Police rules. On passing, the instructor issues a certificate of completion in the applicant's name, endorsed and affirmed under penalty of perjury. An applicant renewing a license that was issued before the CCIA took effect only has to complete this training for the first renewal after the effective date.

Training prices are not regulated by the state. Expect $200 to $500 or more depending on the provider and location.

Westchester County has an additional course requirement

Separate from the statewide 400.00(19) course, Penal Law 400.00(4-c) and Penal Law 400.00(1)(l) require Westchester County applicants to submit a certificate of successful completion of a firearms safety course and test, issued in the applicant's name and endorsed and affirmed under penalty of perjury by a duly authorized instructor, at the time of application.

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Recertification: Know the Correct Interval

New York requires periodic recertification to the State Police. The interval depends on the license type:

• Carry licenses issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years under Penal Law 400.00(10)(d). This three-year cycle for carry licenses is a CCIA change. Do not assume the older five-year interval applies to a carry license.
• Other handgun licensees are recertified to the Division of State Police every five years under Penal Law 400.00(10)(b).

Failure to recertify acts as a revocation of the license under Penal Law 400.00(10)(b).

The State Police charge no fee for recertification. Per New York State Police guidance, there are no fees for recertification, but existing county fees for new applications and amendments still apply. Recertification is submitted through the State Police system at firearms.troopers.ny.gov or by paper form. Key points from State Police guidance:

• You are not issued a new physical license at recertification. You continue to carry your existing license.
• If your license is suspended, you cannot recertify, because you must affirm you are not prohibited from possessing firearms.
• Filing a county amendment (for an address or firearm change) is a separate process and does not satisfy or affect recertification.
• Some counties (for example, Westchester) impose their own local recertification cycle and fee in addition to the statewide process.

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County-Specific Fee Schedules

The amounts below come from each county's own published materials. They are not set by the Penal Law and can change. Verify before relying on them.

Westchester County

Source: Westchester County Department of Public Safety and County Clerk

(*) The local processing and recertification fees are waived for the qualified retired law enforcement categories described under Penal Law 400.00(14).

Westchester accepts pistol license applications through the Department of Public Safety Pistol License Unit (914-995-2709), which handles fingerprinting, the interview, and the background investigation, then forwards the matter to the County Clerk and the court. Applicants requesting a carry-concealed restriction change complete a Restriction Change Worksheet. Westchester also requires the county-specific safety course certificate under Penal Law 400.00(4-c) in addition to the statewide 400.00(19) course.

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Jefferson County

Source: Jefferson County Sheriff's Office, Records Division

Payment is by cash, check, or postal money order payable to "Sheriff of Jefferson County." The full $136.75 is collected at the processing appointment, not at initial submission. All fees are non-refundable, and amendment fees are cash only.

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Dutchess County

Source: Dutchess County Sheriff's Office

All fees are non-refundable. Applications are mailed with a postal money order to the Dutchess County Sheriff's Office, Pistol Permits, 108 Parker Avenue, Poughkeepsie, NY 12601. The $25.00 fee does not cover fingerprinting; expect about $89.75 for LiveScan via IdentoGo and $200 to $500+ for the required course.

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Genesee County

Source: Genesee County Clerk

Genesee application fees total about $25.00 ($5 packet plus $20 submission). LiveScan fingerprinting (about $89.75) and the required course are separate.

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Oswego County

Source: Oswego County Clerk's Office

Fingerprinting is scheduled separately through IdentoGo (uenroll.identogo.com or 877-472-6915, service code 157QJJ); the LiveScan fee (about $89.75) is paid to the vendor. A handgun safety course certificate and fingerprinting receipt must accompany the application. Applicants must be over 21 and Oswego County residents. Contact: Oswego County Clerk's Office, 46 E. Bridge St., Oswego, NY 13126, 315-349-8620.

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Fee Waivers and Exemptions

Under Penal Law 400.00(14), the processing fee for a license or renewal is waived in all counties for the qualified retired law enforcement categories listed in that subdivision (qualified retired police officers, certain retired sheriffs and deputies, retired bridge and tunnel officers, retired uniformed court officers, retired court clerks in the first and second judicial departments, and retired correction officers). Westchester County applies this waiver to both its local processing fee and its local recertification fee. The statutory waiver covers the processing or renewal fee; it does not waive vendor fingerprinting charges, photo fees, or the cost of the required course. Confirm the scope of any waiver with your county.

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Additional Considerations

Eligibility costs built into the CCIA

The CCIA added requirements that, while not line-item fees, add time and effort. Under Penal Law 400.00(1), a carry applicant must be at least 21 (with a narrow exception for certain honorably discharged service members), 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," and must not fall within the listed disqualifiers. Under Penal Law 400.00(1)(o), a carry applicant must meet in person with the licensing officer for an interview and must provide the names and contact information of at least four character references, plus household and other information. The same paragraph also calls for a list of the applicant's current and former social media accounts from the past three years; that social-media-disclosure provision was challenged in the Antonyuk litigation and its enforcement has been contested, so verify its current status before relying on it.

Non-New York convictions

DCJS maintains and annually publishes a list of out-of-state convictions that include the essential elements of a New York "serious offense." A person convicted of such an offense on or after April 3, 2021 may be prohibited from possessing firearms or obtaining a license, unless relieved by a pardon, certificate of relief from disabilities, or certificate of good conduct. The list is informational and does not substitute for legal advice. The serious-offense cross-reference appears in Penal Law 400.00(1-b) and Penal Law 265.00.

Large-capacity magazines

New York limits a lawful magazine to 10 rounds. Possessing a large capacity ammunition feeding device is criminal possession of a weapon in the third degree, a class D felony, under Penal Law 265.02(8). (The earlier seven-round load limit was struck down by the courts; the 10-round device limit remains.)

Costs to budget for beyond the fee schedule

• Passport-style photographs: $7 to $16, where the county does not take them in-house
• Notarization: several forms require notarized signatures
• Character references: the references are unpaid, but some counties require notarized reference forms
• Safe storage: New York's safe storage law (Penal Law 265.45) and the secure-storage topics in the required course make a qualifying safe or lockbox ($50 to $300+) a practical necessity
• Time: the 18-hour course, fingerprinting, and the in-person interview all take significant time

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Key Statute References

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Fees and requirements change. Always confirm current fees, intervals, and procedures with your county licensing authority before applying. This guide is for general information and is not legal advice.

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 2025), the Second Circuit upheld most of the law, including the sensitive-location crime as a general matter. The place-of-worship restriction and the social-media-disclosure requirement are not enforced, and a federal district court struck the private-property default in Penal Law § 265.01-d. 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) (enforcement of this restriction is enjoined and not in effect; see the place-of-worship note below). Persons responsible for security at the place of worship are separately exempt
• 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 - Enforcement Enjoined

The statutory list includes places of worship (Penal Law § 265.01-e(2)(c)), but the criminal ban on carrying there is enjoined and not enforced. In Antonyuk v. James (2d Cir. Oct. 24, 2024, 120 F.4th 941, cert. denied 2025), the Second Circuit affirmed the district court injunction barring enforcement of the place-of-worship restriction. A license holder generally may carry in a place of worship. Two limits still apply: a place of worship is private property, and the operator may prohibit firearms through signage or under property law; and persons responsible for security at the place of worship are separately exempt in any event. The rest of Penal Law § 265.01-e remains operative and is criminally enforceable as a class E felony.

Adirondack and Catskill Parks

State-owned or managed lands classified as state forest preserve, and generally private lands within these parks, are not sensitive locations by virtue of being inside the 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

Under Penal Law § 265.01-d, the statute makes it a crime to possess a firearm, rifle, or shotgun on private property held open to the public when the person knows or reasonably should know that the owner or lessee has not permitted the possession. Permission must be given either by clear and conspicuous signage stating that carrying firearms, rifles, or shotguns is allowed, or by express consent. As written, the statute sets a default of "no carry" unless the owner posts a sign or gives consent, and a violation is charged as a class E felony.

Litigation status: This statutory default-no-carry rule is not firmly operative. A federal district court (United States District Court for the Western District of New York, Case 22-CV-695-JLS) held the § 265.01-d default unconstitutional, and its enforceability is unsettled on appeal. The New York State Police are not currently enforcing this provision with respect to private property held open to the public (source: gunsafety.ny.gov). Do not treat the § 265.01-d default as firmly in effect. At the same time, this does not mean you may carry freely on private property: a private owner may always bar firearms under property and trespass law, so the safe practice is to carry on private commercial property only where the owner permits.

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

• The original registration window for assault weapons lawfully possessed before April 15, 2014 has closed. There is no longer a path to register a newly acquired assault weapon.
• Owners of validly registered, grandfathered assault weapons must recertify every five years with the State Police.
• An assault weapon acquired after April 15, 2014 that was never validly registered cannot be cured by registration and is unlawful to possess in New York.

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's separate seven-round load limit (Penal Law § 265.37) remains in the statute books but was struck down as unconstitutional in New York State Rifle & Pistol Association v. Cuomo (2d Cir. 2015) and is not enforced. Lawful magazines may be loaded up to their 10-round capacity.
• 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 similar device is criminal possession of a rapid-fire modification device (Penal Law § 265.01-c), a class A misdemeanor
• Ammunition background checks - since 2023, a background check conducted through the State Police is required for ammunition purchases

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
• Manufacturing and selling ghost guns and unfinished frames or receivers are separate felony offenses under Article 265 of the Penal Law

"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

A 2022 amendment expanded New York's prohibited "body armor" restrictions beyond soft bullet-resistant vests to include hard body armor. Sale and purchase of covered body armor are limited to persons in certain eligible professions. Confirm the current statutory definition and the list of eligible professions before buying or selling body armor.

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 existing version of this guide cited Penal Law § 265.50 for safe storage. That is incorrect: § 265.50 covers undetectable firearms. The correct safe-storage statutes are Penal Law §§ 265.45 and 265.46.

• 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 must be recertified to the State Police every three years (Penal Law § 400.00(10)(d), added by the CCIA). Other pistol and revolver licenses follow the general recertification schedule in Penal Law § 400.00(10)(b). Failure to recertify acts as a revocation of the license
• 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 2025): 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). The court affirmed the injunction against the place-of-worship restriction, which is not enforced. The social-media-disclosure requirement in Penal Law § 400.00(1)(o)(iv) was struck down and is not enforced. The good-moral-character standard, the 18-hour training requirement, the in-person interview, and the reference requirements (other than social media) were upheld. The Penal Law § 265.01-d private-property default was held unconstitutional by a federal district court (WDNY) and its appellate status is unsettled; the State Police are not enforcing it as to property held open to the public
• 2024: United States v. Rahimi upheld the federal domestic-violence restraining-order firearm bar under the Bruen historical-tradition framework

This content is compiled from primary statutory text (New York Penal Law and General Business Law via FindLaw), official New York State sources including gunsafety.ny.gov and the Attorney General's office, and reported federal court decisions. 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.

Firearms, Alcohol, and Drugs in New York

Overview

New York does not have a single Penal Law statute that makes it a stand-alone crime to carry or possess a handgun "while intoxicated." That point matters because earlier versions of this guide claimed such a statute existed under the Concealed Carry Improvement Act, and it does not. Penal Law 400.00 governs the license required to possess a handgun, and the Concealed Carry Improvement Act (CCIA, L. 2022, ch. 371, effective September 1, 2022) added the sensitive-location and restricted-location offenses in Penal Law 265.01-e and 265.01-d. None of those provisions turns on a blood alcohol concentration or a general intoxication test.

Instead, 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 regardless of whether you drink; (2) a license to carry can be denied or revoked on character and substance-abuse grounds, and a recent drunk-driving conviction is a specific disqualifier; (3) carrying a loaded handgun while committing a crime such as drunk driving exposes you to separate, cumulative weapons felonies; (4) federal law independently bars unlawful drug users from possessing firearms; and (5) some localities, such as the City of Buffalo, impose their own prohibition on carrying while intoxicated. 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.

There Is No General "Carry While Intoxicated" Statute

Penal Law 265.01-e is titled "Criminal possession of a firearm, rifle or shotgun in a sensitive location." Read in full, it criminalizes possessing a firearm in or upon a listed "sensitive location" when the person knows or reasonably should know the location is sensitive. It contains no reference to alcohol, drugs, intoxication, impairment, or any blood alcohol level. Any prior statement that 265.01-e prohibits "carrying while intoxicated" with "no minimum BAC threshold" was incorrect and has been removed.

This does not mean carrying after drinking is safe or wise. It means the legal exposure in New York comes from the location you are in, the license rules you are subject to, and any other crime you commit, rather than from a dedicated firearms-DUI statute.

Alcohol-Serving Establishments Are Sensitive Locations

The CCIA's sensitive-location list does reach 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 is a violation of 265.01-e even if you are completely sober and do not order a drink. The offense attaches to the licensed location, not to your state of intoxication.
• The same list separately covers other venues where alcohol is commonly present, such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, conference centers, banquet halls, and gaming facilities, under Penal Law 265.01-e(2)(p).

Criminal possession of a firearm in a sensitive location under Penal Law 265.01-e is a class E felony. A conviction also triggers revocation of any carry license (Penal Law 400.00(18)(a)).

Note on litigation: The CCIA's sensitive-location scheme was challenged in Antonyuk v. James / Antonyuk v. Hochul. The U.S. Court of Appeals for the Second Circuit largely upheld the law against a facial challenge, while some applications were enjoined during the litigation, most notably the restriction on places of worship in Penal Law 265.01-e(2)(c). The alcohol-establishment provision in 265.01-e(2)(o) was not among the provisions struck down. Because the post-Bruen litigation is ongoing, confirm the current status before relying on any single sensitive-location category.

Private Property Default (Restricted Locations)

Separately from sensitive locations, Penal Law 265.01-d makes it "criminal possession of a weapon in a restricted location" to bring a firearm onto private property when the person knows or reasonably should know that the owner or lessee has not allowed firearms, either by posting clear and conspicuous signage permitting them or by giving express consent. In other words, the statutory default on private property is no carry unless the property owner opts in. This offense is also a class E felony.

The restricted-location default was likewise contested in the Antonyuk litigation, and its application to private property held open to the public has been the subject of injunctive relief at points in the case. This restriction is most relevant here because social settings where alcohol is served (private parties, catered events, clubs) are frequently on private property subject to 265.01-d.

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) defines "good moral character," for licensing purposes, 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 history of alcohol- or drug-related misconduct bears directly on this finding.
• Controlled-substance users. Penal Law 400.00(1)(e) bars a license to any applicant who "is not" free of being an unlawful user of or addicted to a controlled substance as defined in 21 U.S.C. 802. An unlawful drug user is statutorily ineligible.
• Recent drunk-driving conviction. For a carry license issued under Penal Law 400.00(2)(f), Penal Law 400.00(1)(n)(ii) bars issuance if the applicant has been convicted within five years of misdemeanor driving while intoxicated under Vehicle and Traffic Law 1192. (The same five-year bar covers third-degree assault and menacing.)
• In-person interview and references. Penal Law 400.00(1)(o) requires the carry-license applicant to meet the licensing officer in person, provide at least four character references attesting to good moral character, and submit a certificate of the training required by Penal Law 400.00(19). The same paragraph requires a list of current and former social media accounts from the past three years; that disclosure requirement was enjoined in the Antonyuk litigation and should not be treated as currently enforceable.
• Training. Penal Law 400.00(19) requires 16 hours of in-person classroom instruction plus a minimum of 2 hours of live-fire range training (18 hours total), with an 80 percent score on a written test. The mandated curriculum expressly includes "use of deadly force" and the sensitive-place and restricted-place rules.
• Revocation. Under Penal Law 400.00(11), conviction of a felony or serious offense, or otherwise becoming ineligible (including engaging in conduct that would have warranted denial), operates as grounds to revoke the license. An alcohol- or drug-related firearms incident can therefore cost an existing license, not just a future application.

A standalone violation of Penal Law 400.00 itself (for example, a licensing-rule violation by an otherwise valid licensee) is a class A misdemeanor under Penal Law 400.00(15).

Compounding Weapons Charges During a DWI Stop

Because there is no firearms-DUI statute, the serious firearms exposure during an impaired-driving stop comes from New York's possession felonies, which can stack on top of the Vehicle and Traffic Law charges:

• Criminal possession of a firearm, Penal Law 265.01-b, a class E felony, reaches simple unlicensed possession of a handgun.
• Criminal possession of a weapon in the third degree, Penal Law 265.02, a class D felony, applies in aggravated situations such as possessing three or more firearms, an assault weapon, a large capacity ammunition feeding device, or a defaced firearm, or repeat possession after a prior conviction.
• Criminal possession of a weapon in the second degree, Penal Law 265.03, a class C felony, applies to possession of any loaded firearm outside the home or place of business, and to possession of a loaded firearm with intent to use it unlawfully.

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 entirely independent of, and in addition to, the Vehicle and Traffic Law charges.

Federal Drug-User Prohibition

Independent of state law, 18 U.S.C. 922(g)(3) makes it a federal crime for a person who is an unlawful user of, or addicted to, a controlled substance 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 Ordinances: New York City and Buffalo

• New York City runs a separate, stricter handgun licensing regime under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York. A license issued elsewhere in the state is generally not valid for carry in New York City absent a special permit from the NYPD (Penal Law 400.00(6)). Treat New York City as its own jurisdiction.
• The City of Buffalo's code expressly provides that "no person shall carry a firearm, shotgun, rifle or air gun in the City while in an intoxicated condition." This is a local prohibition, not a statewide one, and it illustrates that municipalities may impose intoxicated-carry rules that do not exist in the Penal Law. Check local law wherever you carry.

Vehicle and Traffic Law: Impaired-Driving Penalties

If alcohol or drugs surface during a traffic stop, the underlying impaired-driving charge stands on its own under Vehicle and Traffic Law 1192. New York recognizes several categories:

First-offense penalty schedule (Vehicle and Traffic Law 1193; figures from the New York DMV penalty schedule):

Repeat offenses escalate. A second DWI, DWAI/Drug, or DWAI/Combination within 10 years is a class E felony ($1,000 to $5,000 fine, up to 4 years). A third within 10 years is a class D felony ($2,000 to $10,000 fine, up to 7 years). A second or third aggravated DWI within 10 years carries the same felony classes with longer revocation periods. (Source: New York DMV, Penalties for Alcohol or Drug-Related Violations.)

New York applies an implied-consent rule under Vehicle and Traffic Law 1194. Refusing a chemical test carries its own civil penalty and a revocation of at least one year for a first refusal, and refusal does not prevent prosecution.

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), a person may not use deadly physical force if he or she knows that the necessity to do so can be avoided "with complete personal safety, to oneself and others" by retreating, except that there is no duty to retreat when the person is in his or her own dwelling and is not the initial aggressor. New York has no stand-your-ground law outside that dwelling exception. Penal Law 35.20 separately addresses the use of force in defense of premises, including the use of deadly physical force against a burglar in a dwelling or occupied building.

Intoxication does not, by itself, strip a person of the right of self-defense in the home, but it can undermine the "reasonable belief" the justification statutes require and complicate the retreat analysis in public. A defensive shooting by someone who has been drinking will be scrutinized heavily on both the reasonableness and the duty-to-retreat 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 or similar device that holds, or can be readily converted to hold, more than ten rounds. Possession of such a device is a class D felony under Penal Law 265.02(8). (The earlier seven-round load limit was struck down by the courts; the ten-round capacity limit remains.)

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. Having a concealed dangerous weapon accessible in flight, or placing a loaded firearm on an aircraft, can be punished by a fine and up to 10 years in prison, with higher penalties where human life is disregarded. 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.
• Do not assume you may carry on private property where alcohol is served. Penal Law 265.01-d treats private property as off-limits by default unless the owner has posted permitting signage or given express consent.
• Secure the firearm before you drink. Even though New York has no firearms-DUI statute, a DWI arrest can lead to weapons felonies under Penal Law 265.01-b, 265.02, or 265.03, plus license revocation under 400.00(11).
• A drunk-driving conviction can block a future carry license. Penal Law 400.00(1)(n)(ii) disqualifies applicants convicted of misdemeanor DWI within the prior five years.
• 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 stricter licensing regime, and cities such as Buffalo impose their own intoxicated-carry prohibitions.
• Remember the duty to retreat. Outside your dwelling, Penal Law 35.15 requires retreat where safely possible before deadly force, and impairment makes the reasonableness of any defensive use of force harder to defend.

Key Statutes

This section is current as of the January 1, 2026 statutory text and reflects the post-Bruen Antonyuk litigation as of June 2026. Because several CCIA provisions remain in active litigation, confirm the present status of any sensitive-location or restricted-location rule, and consult qualified counsel for specific situations.

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). These provisions took effect as amended on September 1, 2022, as part of the legislation signed in 2022.

A citation note: some older guidance, including the State Police "Minimum Standards" training document, pairs "Penal Law 265.45 and 265.50" when describing safe storage. 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, 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

Neither storage offense is violated by allowing a minor lawful access to a firearm, rifle, or shotgun authorized under paragraph seven or seven-e of subdivision (a) of Penal Law 265.20, or a rifle or shotgun for lawful use under Article 11 of the Environmental Conservation Law when the minor 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)). A lockable, hard-sided case or safe that meets the fire, impact, and tamper-resistant definition and is kept out of sight does qualify.

This requirement is triggered only when the weapon is left out of the person's immediate possession or control. If you remain with the firearm and keep it in your immediate possession or control, the locked-depository requirement in subdivision (2) is not triggered, though 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 official duty and otherwise complying with applicable storage standards.

New York City Is Separate and Stricter

New York City regulates handgun possession, licensing, and storage separately from, and more strictly than, the rest of the state. City rules are found in the New York City Administrative Code (including section 10-131) and the Rules of the City of New York (Title 38), and they are enforced by the NYPD License Division rather than a county licensing officer. Penal Law 265.45(3) and 265.46 expressly preserve any special or local act that imposes additional storage requirements, so the City's rules apply on top of the state minimums. 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.

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 stricter local ordinances in places like New York City and Buffalo.

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. Because the CCIA is the subject of ongoing federal litigation (the Antonyuk cases), some of its applications have been limited by the courts while the statutory text remains on the books. The practical takeaway is to plan transport carefully and assume the strictest rule applies unless you have confirmed otherwise.

Long Guns in a Motor Vehicle

Under New York Environmental Conservation Law and Department of Environmental Conservation (DEC) hunting regulations, a person may not transport or possess a loaded rifle or shotgun in or on a motor vehicle. The firearm must be unloaded in both the chamber and the magazine. A crossbow must be uncocked, and a longbow rules also apply during hunting season.

DEC guidance on "unloaded" status:

• A muzzleloader is considered unloaded when the cap is off the nipple, the primer is removed, the priming powder is removed from a flintlock pan, or the battery is removed from an electric-fired muzzleloader.
• A crossbow is considered unloaded when uncocked.

Source: NYSDEC hunting regulations (dec.ny.gov).

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

New York defines a "loaded firearm" to include not only a firearm actually loaded with ammunition, but also "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." This is verified against the statutory text of Penal Law 265.00(15).

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.

Note on the prior version of this guide: an earlier draft described Penal Law 265.50 as a "second degree" safe-storage offense. That is incorrect. Penal Law 265.50 is the crime of criminal manufacture, sale, or transport of an undetectable firearm (see below). The safe-storage rule that governs vehicle storage is Penal Law 265.45.

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.

The City of Buffalo restates a similar rule by ordinance: the presence in an automobile of any firearm, rifle, or shotgun that is openly visible is presumptive evidence of possession by all occupants, except when found in a vehicle for hire.

Sources: Penal Law 265.15(3); Buffalo City Code Chapter 180.

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. The list is long and includes government buildings, schools, places of worship, public parks, public transportation, health and medical facilities, and the area of 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). It is a crime to possess a firearm, rifle, or shotgun on private property where the owner or lessee has not posted a sign permitting firearms and has not otherwise given express consent. The default is no carry on private property. Criminal possession of a weapon in a restricted location is a class E felony.

Litigation status: both provisions were challenged in Antonyuk v. James (later captioned Antonyuk v. Hochul). The Second Circuit upheld most of the CCIA but enjoined enforcement of the sensitive-location rule as applied to places of worship, and parts of the restricted-location framework have been the subject of continuing injunction litigation, including a remand from the Supreme Court for further consideration. Because enforcement of some applications has been limited by the federal courts while the statutory text stands, do not assume an enjoined application is being enforced, and do not assume an upheld provision is void. Confirm the current posture before relying on either.

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

Sources: Penal Law 265.01-e; Penal Law 265.01-d; Antonyuk litigation.

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, 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. Transporting or shipping a rapid-fire modification device is a class E felony.

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).

Sources: Penal Law 265.10(2); 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. The transport-relevant exemptions, verified against the statutory text, include:

• 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 for an NRA-sanctioned competition, 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:

• The protection applies only to through-transport. Both the origin and the destination must be places where the person may lawfully possess and carry the firearm.
• Stopping in New York beyond what travel requires can put a traveler outside the safe harbor. New York courts have read this exemption narrowly.

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, an individual who has a concealed dangerous weapon accessible to them in flight, or who places or attempts to place a loaded firearm in aircraft property, can be fined and imprisoned for up to 10 years. This is the controlling statute for aircraft and airport secured areas, not the general sentencing provisions of 18 U.S.C. 924.

Firearms may be transported in checked baggage only if they are unloaded, in a locked hard-sided container, and declared to the airline, with ammunition packed according to airline and TSA rules. A New York carry license does not authorize a firearm at a TSA screening checkpoint, and an airport may also be a sensitive location under Penal Law 265.01-e.

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. A handgun license issued elsewhere in New York does not by itself authorize possession in the five boroughs. Manufacturer transport of pistols or revolvers into, out of, or within New York City requires the written consent of the NYC Police Commissioner under Penal Law 265.20(a)(9-a). Treat NYC as a distinct jurisdiction when planning any transport.

Local Ordinances: Buffalo Example

Some cities impose additional transport and storage rules. The City of Buffalo (City Code Chapter 180) requires, among other things:

• An unloaded rifle, shotgun, or air gun transported in the city must be completely enclosed in a nontransparent carrying case that is either locked or fitted with a locking device that prevents the weapon from being fired.
• Firearms stored in a dwelling must be in a nontransparent locked carrying case, a locked gun rack, cabinet, closet, or safe, or fitted with a locked locking device, unless carried on or within close reach of the owner.
• Carrying a firearm while having one-tenth of one percent (0.10%) or more blood alcohol content, while intoxicated, or while impaired by a drug, is a separate offense.
• A violation is punishable by a fine up to $1,500, imprisonment up to 15 days, or both.

Check local ordinances along any planned route.

Source: Buffalo City Code Chapter 180.

Interstate Transfers

• A firearm cannot be sold or transferred directly to a person who is not a New York resident. A sale to a non-resident must go 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.
• A "straw purchase," buying a firearm on behalf of someone who cannot lawfully receive it, is illegal under both federal and state law.

Transporting Harvested Game

Hunters moving harvested deer or bear must follow DEC tagging and transport rules. A tagged carcass may be transported by the hunter or by someone in the hunter's company. If a person other than the hunter transports the carcass, an additional tag with both parties' names, addresses, and signatures is required. E-tag users must report the harvest electronically before transport; paper-tag users must attach the carcass tag and report within the time DEC requires.

Source: NYSDEC deer and bear 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) (a minimum of 16 hours of in-person live curriculum plus 2 hours of live-fire range training), includes instruction on safe storage and transport, on state and federal firearm law, on sensitive and restricted locations under Penal Law 265.01-e and 265.01-d, and on the use of deadly physical force and the duty to retreat under Penal Law 35.15. New York imposes a duty to retreat outside the home before using deadly force and has no stand-your-ground law; the only exception to retreat in 35.15(2) is for a person in their own dwelling who is not the initial aggressor.

Sources: Penal Law 400.00(19); Penal Law 35.15; NY State Police minimum training standards (troopers.ny.gov).

Key Statutes

Practical Guidance

1. Plan your route around sensitive and restricted locations. Possession crimes under Penal Law 265.01-e and 265.01-d can apply while you are simply passing through.
2. Keep ammunition and an unloaded handgun separated in the vehicle. Possessing both together can make the firearm "loaded" under Penal Law 265.00(15).
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. Use 18 U.S.C. 926A only for genuine through-transport, with the firearm unloaded and inaccessible from the passenger compartment. Extended stops can void the protection.
6. Treat New York City as a separate, stricter jurisdiction. A non-NYC license does not authorize handgun possession in the five boroughs.
7. For air travel, follow 49 U.S.C. 46505 and TSA checked-baggage rules. Never bring a firearm to a screening checkpoint.
8. Check local ordinances. Cities like Buffalo add their own transport, storage, and impairment offenses.

Sources: New York Penal Law Articles 265 and 400; 18 U.S.C. 926A; 49 U.S.C. 46505; NYSDEC hunting regulations; Buffalo City Code Chapter 180; Antonyuk litigation.