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) in New York,...
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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) in New York, you must hold a license issued under Penal Law 400.00. Carrying or possessing a handgun without that license is a crime, not a violation. This overview summarizes how the system works and points you to the detailed sections for each topic. It is general information, not legal advice.
After the U.S. Supreme Court struck down New York's old "proper cause" standard in New York State Rifle & Pistol Association v. Bruen (2022), the Legislature passed the Concealed Carry Improvement Act (CCIA), which took effect September 1, 2022. The CCIA removed the discretionary "proper cause" requirement and replaced it with objective eligibility standards plus mandatory training, an interview, and references. Several parts of the CCIA have been litigated since 2022, so some provisions described below carry an active legal caveat. See the litigation note near the end.
Under Penal Law 400.00, a handgun license is required to lawfully possess or carry a pistol or revolver. Penal Law 400.00(2) describes the license types, including:
New York law uses "license" and "permit" to mean the same thing. A license issued outside New York City is generally valid throughout the state, but it is not valid in New York City unless the NYC Police Commissioner issues a special permit granting validity (Penal Law 400.00(6)). New York City runs its own, stricter handgun licensing system under the NYC Administrative Code (10-131) and Title 38 of the Rules of the City of New York. Treat NYC as a separate jurisdiction and confirm its requirements directly.
Penal Law 400.00(1) sets baseline eligibility. An applicant generally must be 21 or older (with an exception for certain honorably discharged service members), be of "good moral character," not have a disqualifying criminal record (no felony or "serious offense" conviction), not be a fugitive, not be an unlawful user of a controlled substance, and not fall within other listed disqualifiers. The statute 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" (Penal Law 400.00(1)(b)).
For a concealed-carry license under Penal Law 400.00(2)(f), the CCIA added these requirements (Penal Law 400.00(1)(o) and 400.00(19)):
There is no longer a "proper cause" or demonstrated-need requirement. An applicant does not have to prove a special reason to carry.
Applications are filed with the local licensing officer in the city or county where the applicant resides, is principally employed, or has a principal place of business (Penal Law 400.00(3)(a)). The licensing officer is directed to act on an application within six months of presentment (Penal Law 400.00(4-b)). A denial can be appealed; the licensing officer must provide written reasons, and an applicant may request a hearing within 90 days (Penal Law 400.00(4-a)). For the full process, see the Application Process and Permit Basics sections.
A concealed-carry license issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years (Penal Law 400.00(10)(d)), which is shorter than the standard recertification cycle for other handgun licenses. See the Renewal Process section.
Fees are set locally. Outside New York City and the counties of Nassau and Westchester, the statutory fee for a license to carry or possess a pistol or revolver is set by the county legislative body within a range of not less than three dollars and not more than ten dollars (Penal Law 400.00(14)). New York City and several counties set their own, substantially higher, fees and add fingerprinting and processing charges. Confirm the current amount with your licensing officer. See the Fees and Costs section.
The CCIA created two distinct location offenses:
Both statutes contain exemptions in subdivision (2) and (3), including for active and retired law enforcement and certain other roles. These two provisions have been the focus of post-Bruen litigation; see the litigation note. For the full breakdown, see the Prohibited Places and Restrictions sections.
New York is not a stand-your-ground state. Penal Law 35.15 imposes a duty to retreat before using deadly physical force outside the home: a person may not use deadly force if he or she knows that, with complete personal safety to oneself and others, the danger can be avoided by retreating. The statute contains a "castle" exception: there is no duty to retreat when a person is in his or her own dwelling and is not the initial aggressor (Penal Law 35.15(2)(a)(i)). Related justification rules for defense of premises appear in Penal Law 35.20. See the Use of Force, Castle Doctrine, and Self-Defense sections for detail.
Carrying or possessing a handgun without the required license is a felony in most circumstances:
A violation of Penal Law 400.00 itself is a class A misdemeanor (Penal Law 400.00(15)). Exemptions to the possession offenses are listed in Penal Law 265.20.
State licensing does not displace federal restrictions. Federal prohibited-person categories appear in 18 U.S.C. 922(g). Carrying a firearm into the secured area of an airport or aboard an aircraft is governed by 49 U.S.C. 46505. The Law Enforcement Officers Safety Act (LEOSA), 18 U.S.C. 926B and 926C, is a federal carry authority for qualified active and retired officers; it is not a New York state exemption, though New York's location statutes separately exempt certain officers. See the relevant topic sections for detail.
Major parts of the CCIA have been challenged since 2022, most prominently in Antonyuk v. Hochul and its appeal, Antonyuk v. James, along with related cases. The U.S. Court of Appeals for the Second Circuit upheld much of the CCIA, but the litigation has produced injunctions against specific applications at various stages, and some issues remain contested. Provisions that have drawn injunctions or continued challenge include the restricted-location default for private property (Penal Law 265.01-d), the place-of-worship restriction within the sensitive-locations list (Penal Law 265.01-e(2)(c)), and the social media disclosure requirement (Penal Law 400.00(1)(o)(iv)). Because enforceability of these specific applications has shifted with court rulings, do not assume any one of them is currently being enforced exactly as written, and do not assume any of them has been permanently voided. Confirm the current status with your licensing officer or counsel before you rely on it.
This page covers one part of our New York concealed carry guide.
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