These answers explain how New York's licensing and possession laws work. New York is a license-required state, not a permitless or constitutional-carry...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
These answers explain how New York's licensing and possession laws work. New York is a license-required state, not a permitless or constitutional-carry state. You must hold a license issued under Penal Law 400.00 to possess or carry a handgun, and several other Penal Law sections control where and how you may carry. New York is also one of the most heavily litigated states after the 2022 Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, so a handful of provisions are subject to ongoing court challenges. Statute citations below were verified against the primary text. This page is general information, not legal advice.
Do I need a license to carry a handgun in New York?
Yes. A license issued under Penal Law 400.00 is required to possess or carry a pistol or revolver. There is no permitless or constitutional carry in New York. A carry license, issued under paragraph (f) of subdivision two of Penal Law 400.00, lets you carry concealed without regard to employment or place of possession, subject to the restrictions of state and federal law.
Statute: N.Y. Penal Law 400.00(2)
What happens if I possess or carry a handgun without a license?
Possessing a firearm without a license is a crime. Criminal possession of a firearm under Penal Law 265.01-b is a class E felony. Possessing a loaded firearm outside your home or place of business can be charged as criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony. Lower-level possession offenses include criminal possession of a weapon in the fourth degree under Penal Law 265.01 (a class A misdemeanor) and in the third degree under Penal Law 265.02 (a class D felony). Exemptions from these possession crimes are listed in Penal Law 265.20.
Statute: N.Y. Penal Law 265.01-b, 265.03, 265.01, 265.02, 265.20
What did the Concealed Carry Improvement Act change?
After Bruen struck down New York's old "proper cause" discretionary standard, the Legislature passed the Concealed Carry Improvement Act (CCIA), effective September 1, 2022. It added enhanced eligibility requirements for carry licenses, including a "good moral character" standard, an in-person interview, character references, and a firearms safety training course. Penal Law 400.00(1)(b) defines good moral character to mean "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." The good moral character standard, the in-person interview, the character references, and the training requirement were challenged in the Antonyuk litigation and upheld by the Second Circuit, so they remain operative.
Statute: N.Y. Penal Law 400.00(1)
What does a carry-license applicant have to submit at the interview?
Under Penal Law 400.00(1)(o), an applicant for a carry license must meet in person with the licensing officer and submit: the names and contact information of any spouse, domestic partner, and other adults in the home; the names and contact information of at least four character references; and certification of completion of the required training. The statute also called for a list of former and current social media accounts from the past three years, but the Second Circuit struck that social-media-disclosure requirement down as unconstitutional, and it is not being enforced. The other interview requirements remain in force.
Statute: N.Y. Penal Law 400.00(1)(o)
How much training is required for a carry license?
Penal Law 400.00(19) requires an in-person live firearms safety course taught by an authorized instructor with a curriculum approved by the Division of Criminal Justice Services and the State Police. The minimum is 16 hours of in-person classroom instruction plus 2 hours of live-fire range training, for 18 hours total. The classroom portion must cover firearm safety, safe storage, state and federal gun laws, situational awareness, conflict de-escalation and management, encounters with law enforcement, the sensitive locations in Penal Law 265.01-e, the restricted-location rules in Penal Law 265.01-d, use of deadly force, suicide prevention, and marksmanship. You must score at least 80 percent on a written test and pass the live-fire proficiency standard.
Statute: N.Y. Penal Law 400.00(19)
How many handguns am I allowed to have registered on my license?
There is no limit on the number of handguns you may list on your New York State pistol license. Each handgun must be individually listed on the license, and the license specifies each weapon by caliber, make, model, manufacturer, and serial number.
Statute: N.Y. Penal Law 400.00(7); Source: Genesee County Clerk's Office (geneseeny.gov)
Am I required to notify my licensing office if I move?
Yes. Notification of any change of residence must be made in writing within 10 days after the change. The record of the change is also inscribed on the reverse side of the license.
Statute: N.Y. Penal Law 400.00(9)
What if I move out of the county?
You must notify your licensing office within 10 days. Upon application by a licensee who has changed residence, the records or applications are transferred to the appropriate officer at the new place of residence.
Statute: N.Y. Penal Law 400.00(5)(a), 400.00(9)
What if I move out of state?
A New York pistol license is only valid within New York State. If you move out of state you should surrender your license. If you later return to New York, you would need to re-establish a license.
Source: Genesee County Clerk's Office (geneseeny.gov)
Can I carry my handgun anywhere with a concealed carry license?
No. Even with a carry license, Penal Law 265.01-e makes it a class E felony to possess a firearm, rifle, or shotgun in many "sensitive locations." In the Antonyuk litigation the U.S. Court of Appeals for the Second Circuit upheld most of the CCIA's sensitive-location list, so those restrictions are operative and criminally enforceable. The list includes government buildings and courts, schools and colleges, libraries, public parks, playgrounds and zoos, health care and behavioral health facilities, homeless and domestic-violence shelters, public transportation and transit facilities, bars and other establishments licensed for on-premises alcohol consumption, theaters, stadiums, museums and other entertainment and sporting venues, polling places, public protests and assemblies, and the area commonly known as Times Square.
Places of worship are the main exception. The CCIA originally listed a place of worship as a sensitive location under Penal Law 265.01-e(2)(c), but a federal court enjoined that part of the statute, and the Second Circuit affirmed the injunction as to places of worship. The criminal ban on carrying in a place of worship is therefore not currently being enforced, and a license holder generally may carry there. A place of worship is still private property, so the operator may choose to prohibit firearms through signage or its own rules, and persons responsible for security at a house of worship are separately addressed by statute. Confirm the current posture before relying on this exception.
Separately, Penal Law 265.01-d sets a "restricted location" rule that would make it a class E felony to carry on private property held open to the public unless the owner or lessee has posted clear and conspicuous signage permitting it or has given express consent, a default of no-carry. A federal district court (W.D.N.Y., Case 22-CV-695-JLS) struck that default down as unconstitutional, and its enforceability is unsettled on appeal, so the 265.01-d default should not be treated as firmly operative. Regardless of how that appeal is resolved, a private property owner may always bar firearms under ordinary property and trespass law, so the safe practice is to carry on private commercial property only where the owner clearly allows it. Enforcement of these provisions continues to shift, so verify the current status with the New York State Police or counsel before relying on any single rule.
Statute: N.Y. Penal Law 265.01-e, 265.01-d
How can I upgrade an older restricted permit to unrestricted carry?
If your older license carries a restriction such as "Sport/Recreation," you may visit your County Clerk's Office and request removal of the restriction. If your records are verified and current, a new license without the restriction can be issued.
Source: Genesee County Clerk's Office (geneseeny.gov)
How do I add a handgun purchased from another state to my license?
A handgun purchased outside New York must be transferred from a federal firearms licensee (FFL) in the originating state to an FFL in New York. The New York dealer completes the background check and issues a dealer receipt. You bring that receipt to your County Clerk's Office to add the handgun to your license before taking possession.
Statute: N.Y. Penal Law 400.00(9); Source: Genesee County Clerk's Office (geneseeny.gov)
What should I do if my handgun is lost or stolen?
Report it to the police immediately. Store firearms securely with appropriate locking devices, and store ammunition separately. Responsible storage is required by law in New York when a firearm is left outside the owner's immediate possession and a person under 18 or a prohibited person is in the home.
Statute: N.Y. Penal Law 400.00(18)(b); Source: Genesee County Clerk's Office (geneseeny.gov)
How do I recertify my pistol license?
Recertify electronically through the New York State Police online portal at firearms.troopers.ny.gov/pprecert. Failure to recertify acts as a revocation of the license.
Statute: N.Y. Penal Law 400.00(10)(b); Source: NY Gun Safety (gunsafety.ny.gov)
How often must I recertify a carry license?
A carry license issued under paragraph (f) of subdivision two of Penal Law 400.00 must be recertified or renewed every three years following issuance. This three-year cycle is shorter than the five-year cycle that applies to other license types under Penal Law 400.00(10)(b).
Statute: N.Y. Penal Law 400.00(10)(d)
What if I provided false information on my application?
A license is revoked when an applicant knowingly made a material false statement on the application. Knowingly providing false information on the public-records exception form can subject the applicant to penalties under Penal Law 175.30.
Statute: N.Y. Penal Law 400.00(11)(a), 400.00(5)(b)
Do I need a separate license to purchase a semi-automatic rifle?
Yes. Since the 2022 amendments to Penal Law 400.00(2), you need a license to purchase or take possession of a semi-automatic rifle, separate from a pistol license. Purchasing or taking possession of a semi-automatic rifle without the required license is criminal purchase of a semiautomatic rifle under Penal Law 265.65, a class A misdemeanor for a first offense and a class E felony for subsequent offenses.
Statute: N.Y. Penal Law 400.00(2), 265.65
Is selling a semi-automatic rifle to someone without the required license a crime?
Yes. Criminal sale of a semiautomatic rifle, knowingly selling, exchanging, giving, or disposing of a semi-automatic rifle to a person who does not hold the required license, is a class E felony under Penal Law 265.66.
Statute: N.Y. Penal Law 265.66
Does the semi-automatic rifle license requirement apply to shotguns or other rifles?
No. The requirement applies to semi-automatic rifles. It does not apply to shotguns or to bolt-action, lever-action, or pump-action rifles. A rifle acquired before the September 2022 effective date does not require the new license, and semi-automatic rifles are not required to be individually listed on the license the way handguns are listed on a pistol license.
Source: NY Gun Safety - Resources for Gun Dealers (gunsafety.ny.gov)
What are the rules for private firearm sales or transfers?
A background check must be conducted by a federal firearms licensee (FFL) before a firearm, rifle, or shotgun is sold or transferred between private parties, unless the transfer is exempt. New York's private-sale background-check requirement is set by General Business Law 898.
Statute: N.Y. General Business Law 898
Which family transfers are exempt from the private-sale background check?
Transfers to and between spouses, domestic partners, parents, children, and step-children are exempt from the private-sale background-check requirement.
Statute: N.Y. General Business Law 898; Source: NY Gun Safety (gunsafety.ny.gov)
Is a dealer required to facilitate a private sale, and is there a fee cap?
A licensed dealer is not legally required to facilitate a private sale or transfer. A dealer who does facilitate one may charge up to $10.
Source: NY Gun Safety - Resources for Gun Dealers (gunsafety.ny.gov)
Is a background check required for ammunition purchases?
Yes. A firearms dealer or registered seller of ammunition may not transfer ammunition to a buyer who is not a dealer or registered seller unless the buyer first passes a background check. For this purpose, "ammunition" means rimfire or conventional centerfire ammunition or cartridges for a rifle, shotgun, or firearm. It does not include BB-gun, pellet-gun, or paintball ammunition, or reloading components and black powder sold separately from completed ammunition.
Source: NY Gun Safety - Ammunition Registration (gunsafety.ny.gov)
Who must register as a seller of ammunition?
A New York State licensed firearms dealer is automatically registered, and the FFL number serves as the registration number. Anyone else engaged in the commercial sale of ammunition must complete a Seller of Ammunition Registration form and submit it to the State Police, with a separate registration for each retail location. People convicted of a felony, or involuntarily committed to a mental health facility, are prohibited from selling or possessing ammunition.
Source: NY Gun Safety - Ammunition Registration (gunsafety.ny.gov)
What is the magazine capacity limit in New York?
New York limits magazines to 10 rounds. Penal Law 265.00(23) defines a "large capacity ammunition feeding device" as a magazine or similar device with a capacity of more than 10 rounds, and possession of such a device is generally prohibited. A magazine whose unaltered capacity exceeds 10 rounds must be permanently modified so it can hold no more than 10.
Statute: N.Y. Penal Law 265.00(23)
Is there a seven-round limit on how many rounds I can load?
Penal Law 265.37 still appears in the books and would bar loading more than seven rounds into a magazine, but a federal court struck that seven-round load limit in New York State Rifle and Pistol Association v. Cuomo (2d Cir. 2015), and it is not enforced. The operative limit is the 10-round magazine capacity rule.
Statute: N.Y. Penal Law 265.37 (load limit struck down and not enforced)
What about assault weapons?
New York's SAFE Act bans certain semi-automatic firearms classified as assault weapons. The definition is in Penal Law 265.00(22), and criminal possession of a weapon in the third degree under Penal Law 265.02 covers possession of an unlawful assault weapon. Owners of pre-ban assault weapons had to register them with the State Police under Penal Law 400.00(16-a). Most commercially available semi-automatic shotguns are not classified as assault weapons, but you should confirm a specific firearm's status before relying on that.
Statute: N.Y. Penal Law 265.00(22), 265.02, 400.00(16-a)
Does New York have a stand-your-ground law?
No. New York imposes a duty to retreat before using deadly physical force. Under Penal Law 35.15(2)(a), a person may not use deadly physical force if he or she knows that he or she can retreat with complete personal safety to self and others, except that there is no duty to retreat when in your own dwelling and you are not the initial aggressor. This dwelling exception is New York's version of the castle doctrine.
Statute: N.Y. Penal Law 35.15
When can I use force to defend my home?
Penal Law 35.20 governs the use of force in defense of premises and in defense against burglary. Deadly physical force against a person who is committing or attempting to commit a burglary of an occupied dwelling may be justified under the conditions set out in Penal Law 35.20(3). These are fact-specific standards, and any use of deadly force is judged against what a person reasonably believed was necessary.
Statute: N.Y. Penal Law 35.20, 35.15(2)(c)
Are unserialized frames, receivers, or ghost guns legal in New York?
No. Possession of an unserialized or unfinished frame or receiver by a person who is not a licensed gunsmith or dealer is criminal possession of a weapon in the fourth degree under Penal Law 265.01(10), a class A misdemeanor. Possession of a ghost gun by a non-licensee is also charged under Penal Law 265.01(9). Selling, exchanging, giving, or disposing of an unserialized or unfinished frame or receiver is criminal sale of a frame or receiver in the second degree under Penal Law 265.63, a class E felony. Selling 10 or more within one year is criminal sale of a frame or receiver in the first degree under Penal Law 265.64, a class D felony. An "unfinished frame or receiver" is defined in Penal Law 265.00(32).
Statute: N.Y. Penal Law 265.01(9), 265.01(10), 265.63, 265.64, 265.00(32)
How do New York's gun laws affect hunting?
New York's laws generally do not restrict which firearms may be used for hunting beyond the 10-round magazine limit, but the Environmental Conservation Law adds its own restrictions. A separate five-round limit applies to certain semi-automatic firearms while hunting, and that hunting restriction is independent of the general 10-round magazine rule. For hunting-specific questions, consult the Department of Environmental Conservation.
Source: NY Gun Safety - Resources for Hunters (gunsafety.ny.gov)
Can I hunt with a rifle on Long Island or in Westchester County?
No. Environmental Conservation Law 11-0931(5)(a) prohibits using a rifle to hunt on Long Island or in Westchester County, and carrying a rifle in the woodlands there is presumptive evidence of unlawful hunting use. The prohibition does not apply to members of organized target-shooting clubs carrying unloaded rifles to and from a range.
Statute: N.Y. Environmental Conservation Law 11-0931(5)(a)
What is the mental health reporting requirement under MHL 9.46?
Mental Hygiene Law 9.46 requires certain mental health professionals to report to their local director of community services when, in their reasonable professional judgment, a patient is likely to engage in conduct that would result in serious harm to self or others. If the reported person holds a firearms license, the licensing official must suspend or revoke it, as reflected in Penal Law 400.00(11)(b). A report under section 9.46 is also a disqualifying factor for license eligibility under Penal Law 400.00(1)(j). Professionals who use reasonable professional judgment and good faith are shielded from civil and criminal liability for the reporting decision.
Statute: N.Y. Mental Hygiene Law 9.46; N.Y. Penal Law 400.00(1)(j), 400.00(11)(b)
Can I keep my pistol license information from being publicly disclosed?
Yes. Penal Law 400.00(5)(b) lets an applicant request an exception so that application information does not become a public record. You complete the request form, identify the ground that applies (for example, that disclosure could endanger your life or safety, or subject you to harassment), and submit it to your licensing office. The request can be made at any time, including after a license is granted.
Statute: N.Y. Penal Law 400.00(5)(b), 400.00(5)(e)
How does New York capture fingerprints for pistol licenses?
The State uses IdentoGO/IDEMIA for civil fingerprinting, including pistol-license applications. Appointments are scheduled at identogo.com using a service code provided by your county licensing office. Bring one valid, unexpired government identification document. If prints are rejected, IdentoGO will contact you to schedule a reprint, with no additional charge for poor-quality reprints submitted in a timely manner.
Source: NYS Education Department - Fingerprint FAQs (nysed.gov)
Is New York City handled the same way as the rest of the state?
No. New York City runs its own, stricter handgun-licensing system through the NYPD License Division under New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York. A New York State license issued elsewhere is generally not valid in New York City absent a special permit, with narrow transport exceptions under Penal Law 400.00(6). If you live in or travel into New York City, confirm the City's separate requirements.
Statute: N.Y. Penal Law 400.00(6); NYC Administrative Code 10-131; 38 RCNY
Lautenberg Amendment - 18 U.S.C. 922(g)(9). A misdemeanor crime of domestic violence triggers a federal lifetime firearm-possession bar that is independent of state law. The bar applies even when the state conviction did not involve a firearm. The 2024 Supreme Court decision in United States v. Rahimi reaffirmed that firearm disabilities tied to domestic-violence findings remain constitutional under the Second Amendment.
Federal prohibited persons - 18 U.S.C. 922(g). The federal firearm-possession bars cover categories such as felons, persons subject to qualifying domestic-violence protective orders, and unlawful users of controlled substances. A separate provision, 18 U.S.C. 922(n), bars a person under indictment for a felony from receiving a firearm. New York's eligibility rules in Penal Law 400.00(1) incorporate several of these federal concepts.
Interstate transport - 18 U.S.C. 926A. Federal law protects the transport of an unloaded, locked-away firearm through a state where you could not otherwise carry it, provided you can lawfully possess it at both origin and destination. This is a narrow safe harbor and does not authorize carry or possession during stops in New York.
Airports and aircraft - 49 U.S.C. 46505. Carrying a firearm into a secured airport area or onto an aircraft is a federal crime under 49 U.S.C. 46505. Firearms must be unloaded, in a locked hard case, and declared at the airline ticket counter for checked baggage.
LEOSA - 18 U.S.C. 926B and 926C. Qualified active and retired law enforcement officers may carry under the federal Law Enforcement Officers Safety Act. New York recognizes these officers in several places, including the sensitive-location and restricted-location exemptions in Penal Law 265.01-e(3) and 265.01-d(2).
This content is general information, not legal advice. Firearm laws change through legislation and court decisions, and New York's CCIA provisions in particular remain subject to active litigation. Confirm the current status of any rule with the New York State Police, your county licensing office, or a qualified attorney before you act.
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