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