Constitutional Carry in New York: What the Law Allows

Constitutional Carry in New York

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

No Permitless Carry Pathway

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

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

The Concealed Carry Improvement Act (CCIA)

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

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

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

Training Requirement

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

Licensing Officer Discretion and Appeals

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

Active Litigation Over the CCIA

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

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

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

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

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

Where a License Does Not Authorize Carry

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

Sensitive Locations (Penal Law 265.01-e)

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

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

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

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

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

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

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

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

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

Other New York Firearm Overlays

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

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

Federal Baseline

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

Bottom Line

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

Key Legal References

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