New York licenses pistols and revolvers under Penal Law 400.00, but the provision that decides where you file is Penal Law 265.00(10), defining...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New York licenses pistols and revolvers under Penal Law 400.00, but the provision that decides where you file is Penal Law 265.00(10), defining "licensing officer." In the city of New York it is the police commissioner of that city. In Nassau County it is the commissioner of police of that county. In Suffolk County it is the sheriff, except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, where it is the county commissioner of police. For purposes of Penal Law 400.01 it is the superintendent of state police. Elsewhere in the state it is "a judge or justice of a court of record having his office in the county of issuance."
That split produces two tracks sharing a statute but not a form, a filing method, or a fee schedule. The license authorizing carry on the person issues under Penal Law 400.00(2)(f), to "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person."
Penal Law 400.00(3)(a) directs that applications be made and renewed "to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper." The same paragraph provides that blank applications "shall, except in the city of New York, be approved as to form by the superintendent of state police." That carve-out is why the counties share one State Police form and the City runs its own.
The State Police publish it as PPB 3, the Pistol/Revolver License Application and Semi-Automatic Rifle License Application, listed under "County Pistol/Revolver/Semi-Automatic Rifle License Forms" with PPB 3A a continuation sheet and PPB 3B a fingerprint form. The applicant checks Carry Concealed, Possess on Premises, or Possess/Carry During Employment, and the form is not valid unless sworn.
PPB 3 does not ask for social media accounts. Penal Law 400.00(1)(o)(iv), requiring a concealed carry applicant to submit "a list of former and current social media accounts of the applicant from the past three years," has not been repealed. In Antonyuk v. James the Second Circuit affirmed a preliminary injunction against enforcing it, holding that requiring applicants to disclose even pseudonymous account names "imposes an impermissible infringement on Second Amendment rights." A stipulation of partial settlement there, signed by U.S. District Judge Glenn T. Suddaby on March 30, 2026, added a permanent injunction against enforcing that subparagraph against plaintiff Lawrence Sloane plus the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The injunction "shall terminate in the event that the New York State Legislature repeals New York Penal Law ยง 400.00(1)(o)(iv)."
Under 400.00(3)(a) the application states each signer's full name, date of birth, residence and present occupation, United States citizenship, compliance with each eligibility requirement in subdivision one, "and such other facts as may be required to show the good character, competency and integrity of each person or individual signing the application." It is signed and verified, with a photograph "taken within thirty days prior to filing the application." Permit basics covers those criteria.
For a concealed carry license, subdivision (1)(o) adds an in-person step and five submissions. The applicant "shall meet in person with the licensing officer for an interview" and shall submit, beyond anything else the application requires:
The Second Circuit rejected the facial challenges to the character requirement, the cohabitants requirement in item 1, and the catch-all in item 5, vacating the injunctions against them. It noted that the interview, the four references, and the training requirement were not before it, since the district court denied preliminary relief on those and plaintiffs did not cross-appeal. Item 5 is an operative grant of discretion, so a licensing officer may ask for material beyond the printed form.
Section 400.00(1)(n) bars a 2(f) license where the applicant was convicted within five years of the application date of assault in the third degree under Penal Law 120.00, misdemeanor driving while intoxicated under Vehicle and Traffic Law 1192, or menacing under Penal Law 120.15. In Westchester County, 400.00(1)(l) and 400.00(4-c) add a firearms safety course and test, with the licensing officer required to hand each applicant the course booklet at application and to require the certificate before issuing.
Section 400.00(4) requires an investigation of all statements in the application by "the duly constituted police authorities of the locality where such application is made," including records accessible to the State Police or the Division of Criminal Justice Services under Penal Law 400.02. Department of mental hygiene records on the applicant's previous or present mental illness are available for inspection by the investigating officer of the police authority. That officer takes fingerprints and physical descriptive data "in quadruplicate" of each individual signing the application, and the resulting cards reach the Division of Criminal Justice Services and the Federal Bureau of Investigation.
Section 400.00(4-b) governs timing. Applications "shall be accepted for processing by the licensing officer at the time of presentment." Then, "Except upon written notice to the applicant specifically stating the reasons for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date of presentment of such an application to the appropriate authority." Delay "may only be for good cause and with respect to the applicant." Acting means one of two things: deny "for reasons specifically and concisely stated in writing," or grant the application and issue the license. The statute attaches no consequence to a missed deadline and creates no deemed approval.
On cost, 400.00(14) sets the fee outside the city of New York and the counties of Nassau and Westchester at "not less than three dollars nor more than ten dollars as may be determined by the legislative body of the county," which is why the amount differs by county. Fees and costs has the detail.
Administrative Code 10-131(a)(1) directs that the police commissioner "shall grant and issue licenses hereunder pursuant to the provisions of article four hundred of the penal law." Penal Law 400.30 lets City rules go beyond Article 400: nothing in the article prevents "the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set forth in or established by this article." The mechanics are codified at Title 38, Chapter 5 of the Rules of the City of New York.
38 RCNY 5-01 lists the classes: premises, carry for a resident or non-resident, carry guard and gun custodian, and special licenses for holders of a valid New York State county carry license. Section 5-02 sets the baseline: good moral character, no felony or serious offense conviction as defined in Penal Law 265.00(17), no misdemeanor crime of domestic violence under 18 U.S.C. 921(a), disclosure of any order of protection or extreme risk protection order and of any history of mental illness, no prior license revocation and no suspension or ineligibility order under Criminal Procedure Law 530.14 or Family Court Act 842-a, freedom from any disability or condition that may affect the ability to safely possess or use a handgun, residence or a principal place of business within the confines of New York City, and age 21 or older.
Section 5-03 layers the carry and special license requirements on top of 5-02 and 5-05. Such an applicant, including on renewal, must have no conviction for a misdemeanor identified in Penal Law 400.00(1)(n) within five years of the application date, "meet in person with a licensing officer in the License Division for an interview," submit at least four character references of whom two must be non-family members, and submit the training certification required by Penal Law 400.00(1)(o)(iii), completed no more than six months before submission.
Section 5-05 requires every applicant under the chapter to meet with a licensing officer in the License Division for an interview, where the applicant is advised whether any additional forms or documents are required. Subdivision (a) provides that "The application form will be available online and shall be completely filled out and submitted electronically via the License Division's online application portal." Incomplete applications are not reviewed, and none is accepted or processed without the required fee payments. The uploads include a recent color photograph, proof of birth date and present address, proof of citizenship or alien registration and military discharge papers where applicable, a certificate of disposition and an affirmed statement for every arrest even if dismissed or sealed, household contact information, all currently held firearm licenses, and a lifetime motor vehicle abstract for every state of residence in the preceding five years. Fingerprinting happens at an appointment the Division designates. Fees go to the Police Department and, separately, to the state Division of Criminal Justice Services; Administrative Code 10-131(a)(2) sets the City fee at three hundred forty dollars for each original or renewal application for a three year license period or part thereof, non-refundable on denial under 10-131(a)(4).
A person who resides outside New York State and is not principally employed within the City applies under 5-03(b), which waives the City residence requirement but adds a background investigation form completed by local law enforcement in each jurisdiction of residence for the preceding five years, plus a status form for any license held elsewhere.
The License Division states on its portal that since January 2018 all firearm license applications, including renewals, must be submitted online, and that it contacts online applicants to schedule fingerprinting. Anyone unwilling or unable to submit electronically may contact the Division by telephone under 38 RCNY 5-05.1 to arrange a practicable non-electronic alternative. Under 5-07 an approved applicant receives a "Notice of Application Approval" and has thirty calendar days from its date to act on it before the license and application may be cancelled.
Penal Law 400.00(6) is where the tracks meet. A license to carry or possess, not otherwise limited as to place or time, "shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city." The subdivision then lists narrow exceptions, among them transport in a locked container on a continuous and uninterrupted trip. The special permit is the special license class in 38 RCNY 5-01(d), applied for through 5-03, and Administrative Code 10-131(a)(3) sets its fee at three hundred forty dollars. In Frey v. City of New York the Second Circuit affirmed denial of a preliminary injunction against the 400.00(6) special permit requirement, holding plaintiffs unlikely to succeed on the merits on the preliminary record.
Penal Law 400.00(4-a) covers a denial, non-renewal, non-recertification, or revocation: "the licensing officer shall issue a written notice to the applicant setting forth the reasons for such denial." The applicant may, within ninety days of receipt, request a hearing before the appeals board created by the Division of Criminal Justice Services and the superintendent of state police, may be represented by counsel, and must be allowed to present additional evidence. The statute directs those officials to promulgate rules governing the process.
The Division and the State Police describe that process as established under Penal Law 400.00(4-a) and New York Codes, Rules and Regulations Part 6059, and state that it applies "only in counties where the firearm licensing officer is not a judge: Bronx, Kings, New York, Nassau, Queens, Richmond, and Suffolk." Their guidance adds that non-judicial licensing officers must designate Firearms License Appeals Officers, and that an appeal goes in writing to the Firearms Appeals Board within 90 days of the denial. City applicants also have 38 RCNY 5-07(e), a sworn "Appeal of Application Disapproval" filed with the Director, License Division within ninety calendar days of the Notice of Application Disapproval. Under 5-07(f) a "Notice of Disapproval After Appeal" ends the Department's administrative review. Confirm with your licensing officer which route your denial takes.
The Second Circuit in Antonyuk observed that a notice failing to articulate the evidence behind a character determination, or to connect it to the applicant's untrustworthiness to carry without endangering himself or others, "may well be deemed arbitrary and thus subject to vacatur under Article 78 of the New York Civil Practice Law and Rules," and that an administrative appeal under 400.00(4-a) is likely a prerequisite to an Article 78 proceeding.
Recertification under 400.00(10)(b) goes to the Division of State Police on a form the superintendent approves, and failure to recertify "shall act as a revocation of such license." Renewal is a fresh application to the licensing officer, for licenses carrying an expiration date, which under 400.00(10)(a) include City licenses and those in Nassau, Suffolk and Westchester. Section 400.00(10)(d) sets the interval for 2(f) licenses at three years, recertification and renewal alike. The renewal process section covers both.
On grading: under Penal Law 400.00(15), "Any violation by any person of any provision of this section is a class A misdemeanor." In New York City, 38 RCNY 5-11 provides that a handgun license shall be revoked on a determination that the applicant knowingly made a material false statement on the application.
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