New York requires a license to possess a pistol or revolver, not only to carry one in public. Penal Law 400.00 sets eligibility, the license classes,...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New York requires a license to possess a pistol or revolver, not only to carry one in public. Penal Law 400.00 sets eligibility, the license classes, who issues them, and how long they last. Application steps, costs, training, and place restrictions have their own sections.
Penal Law 265.00(10) defines "licensing officer," which differs by county:
Under Penal Law 400.00(3)(a) the application goes to the licensing officer where the applicant "resides, is principally employed or has his or her principal place of business as merchant or storekeeper". State guidance adds that residency and in-state employment are not eligibility criteria and nonresidents may apply.
No license issues or is renewed except for an applicant meeting each condition in paragraphs (a) through (o). Paragraph (o) is covered below. Paragraphs (a) through (n):
Federal prohibitors under 18 U.S.C. 922(g) apply independently.
Penal Law 400.00(1)(b) requires an applicant be "of good moral character, which, for the purposes of this article, shall 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."
In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), the Second Circuit vacated the district court's preliminary injunction against it and rejected a facial challenge, reading the definition as "a proxy for dangerousness" and declining to hold that "every denial on grounds of 'good moral character' as defined by New York will violate the Second Amendment, though various avenues lie open for as-applied challenges." A denial must carry the written notice Penal Law 400.00(4-a) requires, and an applicant denied, not renewed, not recertified, or revoked may appeal within ninety days to the board created by the Division of Criminal Justice Services and the superintendent of state police.
For a license under Penal Law 400.00(2)(f), Penal Law 400.00(1)(o) requires that the applicant "shall meet in person with the licensing officer for an interview" and submit:
The interview, the four references, and the cohabitant disclosure are operative. The Second Circuit vacated the preliminary injunction against the cohabitant disclosure; the district court's refusal to enjoin the other two went unchallenged on appeal.
Clause (iv) is different. The Second Circuit affirmed the district court's preliminary injunction against it, holding that "[c]onditioning a concealed carry license on such a disclosure imposes a burden on the right to bear arms that is without sufficient analogue in our Nation's history or tradition of firearms regulation." In a March 2026 stipulation, the State Defendants, the Superintendent of the State Police and the Onondaga County licensing officer, consented to a permanent injunction against enforcing the clause "against any Plaintiff," though the form attached runs as to plaintiff Lawrence Sloane, and the Superintendent agreed to "ensure that the PPB-3 license application form does not include language requiring social media information," the injunction to terminate if the Legislature repeals the clause. The court so ordered the stipulation on March 30, 2026. The text stays in the statute, and the current PPB-3 does not ask for social media accounts.
Penal Law 400.00(2) provides for a gunsmith or dealer license, a semiautomatic rifle license, and a pistol or revolver license, the last two excluding assault weapons and disguised guns. The pistol or revolver license issues to:
New York City licenses issue from the police commissioner under Penal Law article 400, with City handgun classes in 38 RCNY 5-01 (rifles and shotguns are permitted separately under chapter 3) and fees in Administrative Code 10-131:
The City rule amendment effective December 16, 2022 repealed the former Limited Carry Business License and dropped "Business" from the Carry and Special Carry names. The "New York Resident or Non-Resident" designation came later, in an amendment effective January 5, 2025.
Penal Law 400.00(6) makes a license valid notwithstanding any local law or ordinance and not transferable to another person or premises. A license to carry or possess a pistol or revolver, or to purchase or take possession of a semiautomatic rifle, "not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city."
The subdivision supplies five exceptions in which such a license is valid in the city without a City permit: covered firearms bought from a licensed city dealer and taken out immediately, or carried through the city, each in a locked container on a continuous and uninterrupted trip; armored car security guards during their employment; and a retired police officer, retired federal law enforcement officer, or state tax department peace officer under Criminal Procedure Law 2.10(4), whose license must be marked accordingly.
Continued validity works two ways depending on where the license was issued. Penal Law 400.00(10)(a) sets the terms:
Penal Law 400.00(10)(b) provides that "All licensees shall be recertified to the division of state police every five years thereafter," subject to paragraph (d), and that failure to recertify "shall act as a revocation of such license." Paragraph (d) overrides both cycles for concealed carry: licenses under paragraph (f) of subdivision two "shall be recertified or renewed every three years following the issuance of such license."
State guidance states the same split and adds that holders of licenses issued in New York City, Nassau, Suffolk, or Westchester do not recertify with the State Police but follow their county's requirements.
Penal Law 400.00(2) provides that this license "shall be issued to purchase or take possession of such a semiautomatic rifle when such transfer of ownership occurs on or after the effective date of chapter two hundred twelve of the laws of two thousand twenty-two that amended this subdivision." State guidance gives that date as September 4, 2022 and says a person who lawfully possessed such a rifle before then does not need the license.
Criminal purchase of a semiautomatic rifle, Penal Law 265.65, is purchasing or taking possession of one without that license; it is a class A misdemeanor for the first offense and a class E felony for subsequent offenses. Criminal sale, Penal Law 265.66, is selling, exchanging, giving or disposing of one, knowing or having reason to know what it is, to a person without that license; it is a class E felony. Under Penal Law 400.00(10)(c) the license is recertified to the applicable licensing officer every five years, and failure to renew is a violation punishable by a fine not to exceed two hundred fifty dollars.
A license specifies each covered weapon and whether it was issued to carry on the person or to possess on the premises. Penal Law 400.00(7). A licensee carrying a pistol or revolver must have the carry license on his or her person and exhibit it on demand to a police officer or a peace officer acting pursuant to special duties. Penal Law 400.00(8). Outside New York City, Penal Law 400.00(9) lets a licensee apply to the licensing officer at any time to amend the license to add or cancel weapons. Any licensee must report a change of residence in writing "within ten days after such change occurs" and inscribe it on the license.
A license does not authorize carry everywhere. Sensitive-location and restricted-location limits, Penal Law 265.01-e and 265.01-d, are covered in the prohibited places section. Unlicensed handgun possession reaches Article 265: criminal possession of a firearm, Penal Law 265.01-b, is a class E felony, and criminal possession of a weapon in the second degree, Penal Law 265.03, covering a loaded firearm, with a limited home and place of business exception, is a class C felony. Any violation of Penal Law 400.00 is a class A misdemeanor. Penal Law 400.00(15).
Requirements differ by jurisdiction and change through legislation and litigation. Confirm current requirements with your county or city licensing officer, the New York State Police, or the NYPD License Division.
This page covers one part of our New York concealed carry guide.
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