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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New York is a licensed-carry state. There is no constitutional or permitless carry. To possess or carry a handgun anywhere in the state, including inside a vehicle, you must hold a valid pistol or revolver license issued under Penal Law 400.00. Carrying in a vehicle adds two extra layers on top of the basic license rule: the network of sensitive and restricted locations created by the Concealed Carry Improvement Act (CCIA), and a separate criminal rule for how a firearm must be stored when it is left in a vehicle.
This page describes what the statutes say and flags where post-Bruen litigation, chiefly Antonyuk v. James and Christian v. James, has changed how parts of the CCIA are enforced. Injunctions bind the officials named in them. They do not erase a statute, so read every enforcement note below as a statement about enforcement, not about repeal.
A valid license under Penal Law 400.00 is required to possess or carry a pistol or revolver, and that includes carrying one on your person while driving. New York issues different classes of pistol licenses under Penal Law 400.00(2), including a license to "have and carry concealed" and a license limited to "possess on premises." A premises-only license does not authorize carrying a handgun on your person in a vehicle or anywhere outside the licensed home or place of business. Only a carry license permits carry on your person in a vehicle.
A premises license does allow transport, on conditions. Penal Law 400.00(6) provides that the premises limitation "shall not prevent the transport of such pistol or revolver directly to or from (i) another dwelling or place of business of the licensee where the licensee is authorized to have and possess such pistol or revolver, (ii) an indoor or outdoor shooting range that is authorized by law to operate as such, (iii) a shooting competition at which the licensee may possess such pistol or revolver consistent with the provisions of subdivision a of section 265.20 of this chapter or consistent with the law applicable at the place of such competition, or (iv) any other location where the licensee is lawfully authorized to have and possess such pistol or revolver." The same paragraph attaches three conditions to that transport: "the pistol or revolver shall be unloaded and carried in a locked container, and the ammunition therefor shall be carried separately." It adds that the term "locked container" "shall not include the glove compartment or console of a vehicle," and that a premises license issued by a licensing officer other than the New York City police commissioner "shall not authorize transport of a pistol or revolver into the city of New York in the absence of written authorization to do so by the police commissioner of that city."
Carrying a handgun without the required license is a crime:
Penal Law 265.20 lists the statutory exemptions to these possession offenses.
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:
The same statute, Penal Law 400.00(1)(o)(iv), also calls for the applicant to submit "a list of former and current social media accounts of the applicant from the past three years." That subparagraph has not been repealed, and no court has held it unconstitutional, but it has been removed from the application form by a court-ordered settlement. See the litigation note below.
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:
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.
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:
Penal Law 265.45(3) defines a "safe storage depository" as a safe or other secure locked container that cannot be opened without its key, code, or combination, and that is fire, impact, and tamper resistant. The same subdivision states that a glove compartment or glove box does not qualify as an appropriate safe storage depository.
The offense is Failure to safely store rifles, shotguns, and firearms in the first degree, Penal Law 265.45, a class A misdemeanor. The statute exempts police officers, qualified law enforcement officers carrying under 18 U.S.C. 926B, and military personnel acting in the course of official duty. The license-application warning required by Penal Law 400.00(18) restates this rule: a firearm stored in a vehicle outside the owner's immediate possession or control must be in an appropriate safe storage depository and out of sight from outside the vehicle.
The second-degree offense sits at Penal Law 265.46 and is not a vehicle rule. It reaches an owner or custodian who knows, or has reason to know, that a person under sixteen is likely to gain access to a rifle, shotgun or firearm and who leaves it out of immediate possession or control without first locking it in an appropriate safe storage depository or fitting an appropriate gun locking device. That offense is a violation punishable only by a fine of not more than two hundred fifty dollars.
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:
Treat the whole list as in force. New York publishes all twenty paragraphs of Penal Law 265.01-e(2) on gunsafety.ny.gov with no non-enforcement notice attached, in contrast to the notice it attaches to the restricted-location statute discussed below, and the prohibition is criminally enforceable as a class E felony. A license does not let you carry into a sensitive location, and that includes carrying as you enter or pass through one on foot after leaving your vehicle. Airports deserve special attention for travelers: the airport is a state sensitive location under Penal Law 265.01-e(2)(n), and two separate federal rules apply on top of it. Under 49 CFR 1540.111(a), an individual may not have a weapon on or about the person or in accessible property when entering or in a sterile area or when attempting to board a screened aircraft. Under 49 U.S.C. 46505(b)(1), it is a federal crime to be on, or attempting to get on, an aircraft with "a concealed dangerous weapon that is or would be accessible to the individual in flight."
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.
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.
Penal Law 265.01-d(1) makes it a class E felony to possess a firearm, rifle or shotgun and enter or remain on private property "where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." On its face the statute sets a default of no carry on private property, including private parking lots, unless the owner posts signage allowing firearms or gives express consent.
That express-consent default is still on the books and is enjoined in part. On October 10, 2024, the U.S. District Court for the Western District of New York ordered that the defendants and those acting with them "are permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it." The Second Circuit affirmed that permanent injunction on May 18, 2026 in Christian v. James, 176 F.4th 189 (2d Cir. 2026). New York State Police say the same in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public." So on private property open to the public, such as a store, restaurant, gas station, or its customer parking lot, a license holder is not being prosecuted under 265.01-d for carrying without the owner's affirmative permission.
The statute has not been repealed and has not been struck down as a whole. As to private property that is not held open to the public, such as a private home or a closed workplace lot, 265.01-d still applies on its own terms, so get the owner's permission before carrying there. Property owners also keep the right to exclude. A posted no-firearms sign or a direct request to leave must be honored, and staying armed after notice can be prosecuted under trespass law.
The CCIA has been heavily litigated. The foundational case is Antonyuk v. James (earlier captioned Antonyuk v. Hochul, Antonyuk v. Nigrelli and Antonyuk v. Chiumento). After the U.S. Supreme Court granted certiorari, vacated the Second Circuit's judgment and remanded for reconsideration in light of United States v. Rahimi, the Second Circuit issued an amended decision on October 24, 2024, Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024). That decision vacated the preliminary injunction against the sensitive-location provisions challenged in that case, preserving the district court's injunction only as to Penal Law 400.00(1)(o)(iv) and 265.01-d as applied to private property held open to the general public. The Supreme Court denied certiorari on April 7, 2025 (No. 24-795). Where that leaves each piece:
The restricted-location default of Penal Law 265.01-d was the most contested part of the litigation. In Christian v. James, 176 F.4th 189 (2d Cir., decided May 18, 2026), the Second Circuit affirmed the permanent injunction against enforcing that provision as applied to private property open to the public, and affirmed judgment for the State on the public parks provision, Penal Law 265.01-e(2)(d), so parks remain off limits. The U.S. Supreme Court reached the same conclusion about a Hawaii law in Wolford v. Lopez, No. 24-1046 (decided June 25, 2026), which does not itself invalidate New York's statute. A private owner may still prohibit firearms through signage or trespass law, and a posted or stated prohibition must be honored.
Three things are open, so treat this as of a date. In Christian, the stay on the plaintiffs' public transit claim was lifted on August 17, 2026 and the parties were ordered to propose a schedule by August 27, 2026; the claim is undecided and Penal Law 265.01-e(2)(n) remains in force. In the same case the plaintiffs reported that they anticipated petitioning for certiorari on the public parks ban "before the deadline of September 16, 2026." In Antonyuk, summary judgment reply briefs were due September 18, 2026 with no ruling. Confirm the current enforcement status on gunsafety.ny.gov before you rely on any of it.
Bottom line for a driver: the sensitive-location crime under Penal Law 265.01-e is in effect, public parks and public transit included. The private-property default of Penal Law 265.01-d is not being enforced on property open to the public, it still applies to private property that is not held open to the public, and an owner's posted or stated no-firearms rule always controls.
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:
Every condition in 926A is conjunctive, and the statute states them all. The person must not be otherwise prohibited by chapter 44 of title 18 from transporting, shipping, or receiving a firearm, the purpose must be lawful, the firearm must be unloaded, and neither the firearm nor any ammunition may be readily accessible or directly accessible from the passenger compartment. Both ends of the trip have to qualify on their own, because the entitlement runs from "any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm." A New York stop that is not such a place falls outside it. Section 926A protects transporting a firearm. It is not a license to carry in New York and it does not authorize leaving the firearm accessible while in the state.
The requirement that a trip be continuous is state law, not federal. It sits in Penal Law 400.00(6)(b), a proviso that keeps a New York license valid in New York City without a special permit where "the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted." Section 926A imposes no duration or continuity condition of its own, and neither provision substitutes for a New York City license or permit.
A semiautomatic rifle is licensed statewide. Penal Law 400.00(2) provides that a license for a semiautomatic rifle, other than an assault weapon or disguised gun, "shall be issued to purchase or take possession of such a semiautomatic rifle" where the transfer of ownership occurs on or after the effective date of chapter 212 of the laws of 2022. Other rifles and shotguns are not licensed under Penal Law 400.00 outside New York City, which runs its own permit system.
The unloaded rule for a long gun in a vehicle is a statute, not an agency practice, and it is not limited to hunting trips. Environmental Conservation Law 11-0931(2) provides that "No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine," with a narrow exception for a firearm legally used for taking migratory game birds carried in a motorboat while legally hunting them. "Motor vehicle" is defined broadly there and includes automobiles, trucks, motorcycles, tractors, trailers, motorboats, snowmobiles and snowtravelers, on or off public highways. The separate requirement that a long gun be "taken down or securely fastened in a case or locked in the trunk of the vehicle" attaches to the jacklighting rule in the same subdivision, which applies while in or on a motor vehicle using an artificial light upon lands inhabited by deer. The subdivision also states that nothing in it "permits the possession of a pistol or a revolver contrary to the penal law."
A person lawfully engaged in hunting is among those exempted from the sensitive-location rule under Penal Law 265.01-e(3)(i) and from the restricted-location rule under Penal Law 265.01-d(2)(g) while taking or attempting to take wildlife under a DEC hunting permit or license.
That exemption does not carry a handgun into the special longbow or muzzle-loading seasons. Environmental Conservation Law 11-0931(6) provides that "No person while engaged in hunting deer or bear pursuant to a bowhunting privilege, and no person accompanying him or her or a member of his or her party, while he or she is so engaged during a special longbow season, shall have in his or her possession a firearm of any kind, and no person while engaged in hunting deer or bear pursuant to a muzzle-loading privilege, and no person accompanying him or her or a member of his or her party, while he or she is so engaged during a special muzzle-loading firearm season, shall have in his or her possession a firearm of any kind other than a muzzle-loading firearm." The Department of Environmental Conservation states the same rule in operational terms: "Environmental Conservation Law (ECL) prohibits you from carrying your handgun while bowhunting or muzzleloader hunting, even if you have a pistol permit." A carry license does not change that, and the bar reaches a person accompanying the hunter or in the hunting party.
How a firearm is transported does not exempt it from New York's other restrictions:
New York imposes a duty to retreat before using deadly physical force outside the home. Under Penal Law 35.15(2)(a), a person may not use deadly physical force if they know they can retreat with complete personal safety, with a stated exception when the person is in their own dwelling and is not the initial aggressor. New York has no stand-your-ground law. The exception in Penal Law 35.15(2)(a)(i) is written for a person "in his or her dwelling and not the initial aggressor," and the Penal Law defines a dwelling at 140.00(3) as "a building which is usually occupied by a person lodging therein at night," counting a vehicle as a building only where it is "used for overnight lodging of persons" or for carrying on business. Do not assume an ordinary passenger car qualifies. Penal Law 35.20 separately governs the use of force in defense of premises. Deadly force in self-defense is limited to the circumstances in Penal Law 35.15(2), such as a reasonable belief that another person is using or about to use deadly physical force, or is committing or attempting certain serious felonies.
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 expiration varies by region under Penal Law 400.00(10)(a). In New York City, a license to carry or possess a pistol or revolver expires not more than three years after issuance. In Nassau, Suffolk, and Westchester counties, it expires not more than five years after issuance. Everywhere else in the state, the license remains in force until revoked. Separately from expiration, every concealed carry license issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years statewide under Penal Law 400.00(10)(d), and failure to recertify acts as a revocation of the license under Penal Law 400.00(10)(b). License holders must keep their licensing authority informed of address changes.
| Statute | Subject |
|---|---|
| Penal Law 400.00 | Pistol and revolver licensing requirements |
| Penal Law 400.00(1)(b) | Good moral character definition |
| Penal Law 400.00(1)(o) | In-person interview, references, household disclosure, social media list |
| Penal Law 400.00(1)(o)(iv) | Social media disclosure (not repealed; enjoined by stipulated settlement and off the PPB-3 form) |
| Penal Law 400.00(6) | Statewide license validity; New York City provisos; premises-license transport unloaded, in a locked container, ammunition separate |
| Penal Law 400.00(18) | Safe storage warning, including in a vehicle |
| Penal Law 400.00(19) | 16-hour classroom plus 2-hour live-fire training |
| Penal Law 265.00(3) | Definition of firearm (includes any pistol or revolver) |
| Penal Law 265.00(19) | Definition of duly authorized instructor |
| Penal Law 265.00(23) | Large capacity ammunition feeding device (more than 10 rounds) |
| Penal Law 265.02(8) | Possession of a large capacity ammunition feeding device (class D felony) |
| Penal Law 265.01 | Criminal possession of a weapon, fourth degree (class A misdemeanor) |
| 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 (private property; class E felony; enforcement permanently enjoined as to private property open to the public, Christian v. James, 176 F.4th 189 (2d Cir. 2026); still applies to private property not held open to the public; owner prohibitions always control) |
| Penal Law 265.01-e | Criminal possession of a firearm, rifle or shotgun in a sensitive location (class E felony; all twenty categories in force) |
| Penal Law 265.03(3) | Criminal possession of a loaded firearm outside home or business (class C felony) |
| Penal Law 265.15(3) | Presumption of possession from a firearm in an automobile |
| Penal Law 265.20 | Exemptions to weapon possession offenses |
| Penal Law 265.45 | Failure to safely store rifles, shotguns, and firearms in the first degree; vehicle storage rule (class A misdemeanor) |
| Penal Law 265.46 | Failure to safely store rifles, shotguns, and firearms in the second degree (violation; fine up to $250) |
| Penal Law 35.15 | Use of physical force in defense of a person; duty to retreat |
| Penal Law 35.20 | Use of physical force in defense of premises |
| Penal Law 140.00(2), (3) | Penal Law definitions of building and dwelling |
| Environmental Conservation Law 9-0101(6) | Forest preserve definition (park exclusion) |
| Environmental Conservation Law 11-0931(2) | Long gun in a motor vehicle must be unloaded in chamber and magazine |
| Environmental Conservation Law 11-0931(6) | No firearm of any kind during a special longbow season; only a muzzle-loading firearm during a special muzzle-loading season |
| 18 U.S.C. 926A | Federal interstate transport protection (FOPA) |
| 18 U.S.C. 926B, 926C | Law Enforcement Officers Safety Act (LEOSA) |
| 49 U.S.C. 46505 | Concealed accessible weapon on or boarding an aircraft |
| 49 CFR 1540.111 | Weapons in an airport sterile area or at screening |
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.
This page covers one part of our New York concealed carry guide.
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