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.