New York Permit Basics

New York is a licensed-carry state. It is not a permitless or constitutional-carry state. A person generally may not possess or carry a handgun in New York without a license issued under Penal Law 400.00, and carrying outside the home or place of business without that license is a felony. The discussion below states what the statutes say and, where courts have limited enforcement of particular provisions after the Supreme Court's 2022 Bruen decision, notes the current rule.

Governing Statute

New York's firearms licensing system is governed primarily by Penal Law 400.00 ("Licensing and other provisions relating to firearms"). That statute sets the eligibility requirements, application and investigation procedures, license types, the training mandate, recertification obligations, and the grounds for revocation. The statewide license and record database is created and maintained under Penal Law 400.02, and the criminal offenses for unlicensed and unlawful possession sit in Article 265 of the Penal Law.

A License Is Required to Possess or Carry a Handgun

Unlike many states, New York requires a license simply to possess a handgun, not only to carry one in public. The carry license, issued under Penal Law 400.00(2)(f), authorizes a person to "have and carry concealed, without regard to employment or place of possession," subject to state and federal law. Other license categories under Penal Law 400.00(2) are limited to a dwelling, a place of business, or specified employment.

New York does not authorize open carry of handguns. A handgun carried in public must be concealed and carried under a valid carry license.

Carrying or possessing a handgun without the required license is a crime:

• Criminal possession of a firearm, Penal Law 265.01-b, reaches a person who possesses any firearm (which for this purpose means a handgun and certain other covered weapons) without authorization. It is a class E felony.
• Criminal possession of a weapon in the second degree, Penal Law 265.03, reaches, among other things, possession of a loaded firearm outside the person's home or place of business. It is a class C violent felony, which under Penal Law 70.02 carries a determinate prison term of three and one-half to fifteen years.

Penal Law 265.20 lists the statutory exemptions from these weapons offenses, including the exemption for persons holding a valid Penal Law 400.00 license.

The Concealed Carry Improvement Act (Post-Bruen Framework)

In New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), the Supreme Court struck down New York's "proper cause" requirement, which had forced applicants to demonstrate a special need for self-defense to obtain a carry license. The Court held that a state may not condition public carry on showing such a special need, but it expressly endorsed objective licensing criteria such as fingerprinting, background checks, mental-health records checks, and training requirements.

The licensing requirement itself survived Bruen. Only the "proper cause" standard was invalidated. In response, Governor Hochul signed the Concealed Carry Improvement Act (CCIA), S.51001, on July 1, 2022, and it took effect on September 1, 2022. The CCIA replaced "proper cause" with enhanced, objective eligibility standards, created a list of "sensitive locations" where carry is barred, set a private-property default rule, added training and storage requirements, and required background checks on ammunition purchases.

Eligibility Requirements

Under Penal Law 400.00(1), no carry license may issue except to an applicant who meets all of the following:

• Age. At least 21 years of age. A person honorably discharged from the U.S. Army, Navy, Marine Corps, Air Force, or Coast Guard, or from the New York National Guard, is not subject to the age restriction. Penal Law 400.00(1)(a).
• Good moral character. Defined by statute 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." Penal Law 400.00(1)(b). This is the CCIA's statutory definition; it replaced the prior case-law gloss courts had used.
• Not disqualified by the criminal, fugitive, controlled-substance, immigration, citizenship, mental-health, or guardianship grounds set out in Penal Law 400.00(1)(c) through (m) (discussed below).
• Residence or principal place of employment or business in the jurisdiction of the licensing officer. Penal Law 400.00(3)(a).

For a carry license under Penal Law 400.00(2)(f), the applicant must also satisfy the additional CCIA requirements in Penal Law 400.00(1)(o):

• An in-person interview with the licensing officer.
• Names and contact information for the applicant's spouse or domestic partner and other adults in the home, and disclosure of whether minors reside there.
• No fewer than four character references who can attest to the applicant's good moral character.
• A certificate of completion of the training required by Penal Law 400.00(19).
• A list of the applicant's former and current social media accounts from the past three years. Penal Law 400.00(1)(o)(iv). This social-media-disclosure requirement was struck down by the Second Circuit in Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), and certiorari was denied in 2025, so it is not enforceable even though the text remains in the statute.

Disqualifying Factors

A license may not issue, and an existing license is subject to revocation, where the applicant (Penal Law 400.00(1)(c) through (m)):

• Has been convicted anywhere of a felony or a "serious offense" as defined in Penal Law 265.00(17), or is the subject of an outstanding warrant for such an offense.
• Is a fugitive from justice.
• Is an unlawful user of or addicted to a controlled substance as defined in 21 U.S.C. 802.
• Is a noncitizen who is unlawfully in the United States, or who renounced U.S. citizenship.
• Has been discharged from the Armed Forces under dishonorable conditions.
• Has been involuntarily committed under Mental Hygiene Law article 9 or 15, Criminal Procedure Law article 730 or section 330.20, Correction Law section 402 or 508, or Family Court Act section 322.2 or 353.4; has been civilly confined in a secure treatment facility under Mental Hygiene Law article 10; or has been the subject of a report under Mental Hygiene Law section 9.46.
• Is subject to a license-disqualifying order under Criminal Procedure Law section 530.14 or Family Court Act section 842-a.
• Has had a guardian appointed based on a determination that the person lacks the mental capacity to manage his or her own affairs.

For a carry license specifically, Penal Law 400.00(1)(n) adds a five-year lookback: the applicant must not have been convicted within five years before the application of assault in the third degree (Penal Law 120.00), misdemeanor driving while intoxicated (Vehicle and Traffic Law 1192), or menacing (Penal Law 120.15).

Federal prohibited-person categories under 18 U.S.C. 922(g) apply on top of these state grounds. A person barred from possessing firearms under federal law cannot lawfully hold a New York license.

Training Requirement

Before issuance or renewal of a carry license under Penal Law 400.00(2)(f), an applicant must complete an in-person live firearms safety course with a curriculum approved by the Division of Criminal Justice Services and the Superintendent of State Police. Penal Law 400.00(19) sets the minimum at:

• A minimum of 16 hours of in-person classroom instruction, covering 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 and restricted locations in Penal Law 265.01-d, use of deadly force, suicide prevention, and the basic principles of marksmanship; and
• A minimum of 2 hours of live-fire range training.

That is 18 hours total. The applicant must score at least 80 percent on a written test and demonstrate live-fire proficiency, after which a duly authorized instructor issues a certificate of completion endorsed under penalty of perjury.

Application, Investigation, and Appeals

Applications are made to the licensing officer where the applicant resides, is principally employed, or has a principal place of business. Penal Law 400.00(3)(a). Before a license issues, the police authorities investigate all statements in the application, take the applicant's fingerprints in quadruplicate, and search state (DCJS) and federal (FBI) records. Penal Law 400.00(4). The licensing officer must act on an application within six months of presentment absent good cause for delay. Penal Law 400.00(4-b).

If an application is denied, not renewed, not recertified, or revoked, the licensing officer must issue a written notice stating the reasons. The applicant may, within 90 days of receiving that notice, request a hearing before the appeals board established by DCJS and the State Police. Penal Law 400.00(4-a).

License Form, Handgun Specification, and Amendment

A carry or possess license specifies each covered handgun by calibre, make, model, manufacturer, and serial number, and indicates whether it authorizes carry on the person or possession on premises. Penal Law 400.00(7). A licensee who acquires an additional handgun, or who disposes of a listed handgun, must apply to the licensing officer to amend the license. Penal Law 400.00(9).

Carrying and Display of the License

Every licensee carrying a handgun must have the carry license on his or her person, and every person licensed to possess on particular premises must keep the license on those premises. Upon demand, the license must be exhibited for inspection to a police officer or to a peace officer acting within his or her special duties. Penal Law 400.00(8). Failure to exhibit the license is presumptive evidence that the person is not licensed.

Validity, and New York City Is Separate

A license issued under Penal Law 400.00 is generally valid throughout the state, except that it is not valid within New York City unless the NYPD Police Commissioner issues a special permit granting validity. Penal Law 400.00(6). New York City administers its own, stricter handgun-licensing scheme through the Police Commissioner; the City's local provisions are found in New York City Administrative Code 10-131 and Title 38 of the Rules of the City of New York. A person who intends to possess or carry a handgun in New York City should confirm requirements directly with the NYPD License Division.

Recertification

• Carry licenses issued under Penal Law 400.00(2)(f) must be recertified or renewed every three years following issuance. Penal Law 400.00(10)(d).
• All pistol or revolver licensees must recertify to the Division of State Police on the schedule set in Penal Law 400.00(10)(b). Failure to recertify acts as a revocation of the license.
• A license to purchase or possess a semiautomatic rifle must be recertified every five years; failure to renew it is a violation punishable by a fine not to exceed $250. Penal Law 400.00(10)(c).

Semiautomatic Rifle License

Effective September 4, 2022, New York requires a separate license to purchase or take possession of a semiautomatic rifle (other than an assault weapon or disguised gun). Penal Law 400.00(2). A handgun license alone does not authorize the purchase of a semiautomatic rifle, semiautomatic rifles do not have to be individually listed on the license, and the license must be recertified every five years. Penal Law 400.00(10)(c).

Revocation and Suspension

A license is revoked or is subject to revocation when the licensee is convicted anywhere of a felony or serious offense, becomes ineligible for any reason, or engages in conduct that would have warranted denial. Penal Law 400.00(11)(a). A licensing officer must revoke a license obtained through a knowing material false statement on the application. A report under Mental Hygiene Law 9.46 triggers a suspension or revocation order through DCJS. Penal Law 400.00(11)(b). On revocation or suspension, the person must surrender the license and any firearms, rifles, or shotguns to law enforcement; unsurrendered weapons may be removed and declared a nuisance. Penal Law 400.00(11)(c).

A general note on penalties: any violation of Penal Law 400.00 itself is a class A misdemeanor. Penal Law 400.00(15).

Statewide Database and Public Records

New York maintains a statewide license and record database under Penal Law 400.02. Records assembled for that database are not subject to disclosure under article 6 of the Public Officers Law (the Freedom of Information Law). Penal Law 400.00(5)(a). An applicant may also request that his or her application information be withheld from public disclosure on the statutory grounds in Penal Law 400.00(5)(b).

Sensitive Locations and Restricted Locations

A valid carry license does not authorize carry everywhere. Two CCIA offenses limit where a licensee may go armed, and the courts have now resolved how far each one reaches.

• Sensitive locations. Penal Law 265.01-e makes it a class E felony to possess a firearm, rifle, or shotgun in a statutorily listed "sensitive location" when the person knows or reasonably should know the location is sensitive. The list in Penal Law 265.01-e(2) is long and includes government buildings and courts; health and behavioral-health facilities; places of worship (except those responsible for security there); libraries, public playgrounds, public parks, and zoos; schools, colleges, and universities; childcare and youth programs; homeless and domestic-violence shelters; public transportation and transit facilities; establishments licensed for on-premises alcohol or cannabis consumption; theaters, stadiums, museums, amusement parks, and gaming facilities; polling places; permitted public gatherings and protests; and the area commonly known as Times Square.
• Restricted locations (private property). Penal Law 265.01-d made it a class E felony to carry on another person's private property unless the owner or lessee had posted clear and conspicuous signage permitting firearms or given express consent. That express-consent default has been struck down. The Second Circuit held it unconstitutional as applied to private property open to the public in Christian v. James, No. 24-2847 (2d Cir. May 18, 2026), and the Supreme Court held in Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026) that such default bans violate the Second and Fourteenth Amendments. The operative rule today: a licensee may carry on private property open to the public, such as a store, restaurant, or gas station, unless the owner or lessee actually prohibits it by conspicuous signage or by telling the licensee directly. Property owners keep their right to exclude firearms, and a licensee must honor a posted prohibition or a request to leave.

The sensitive-location list has its own settled map after litigation. In Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), with certiorari denied in 2025, the Second Circuit upheld most of the sensitive-location categories in Penal Law 265.01-e, and those remain enforceable. The same decision enjoined the place-of-worship category, Penal Law 265.01-e(2)(c), so a licensee may carry at a place of worship unless the institution that controls the property prohibits it, and struck the social-media-disclosure requirement in Penal Law 400.00(1)(o)(iv). Christian v. James separately upheld the public-parks category, so public parks remain off-limits to carry.

Self-Defense Note

This is a licensing section, and use-of-force rules are covered separately, but two points bear on carrying. New York 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 it can be avoided with complete safety by retreating, except that there is no duty to retreat in one's own dwelling when not the initial aggressor. Penal Law 35.15(2). New York has no stand-your-ground law. Defense of premises and the use of force to prevent a burglary in a dwelling are addressed in Penal Law 35.20.

SAFE Act Overlays

Independent of the carry license, New York's SAFE Act provisions restrict certain firearms and magazines:

• Assault weapons are defined in Penal Law 265.00(22) and may not be possessed unless lawfully grandfathered and registered under Penal Law 400.00(16-a).
• A "large capacity ammunition feeding device," defined in Penal Law 265.00(23) as a magazine or similar device that holds more than ten rounds, is generally unlawful to possess. (An earlier seven-round load limit was struck down in court; the ten-round capacity limit stands.) Criminal possession of a weapon in the third degree, Penal Law 265.02, is the felony offense most commonly charged for unlawful assault-weapon or large-capacity-device possession.

Key Legal References

• Penal Law 400.00 - primary licensing statute (eligibility, training, recertification, revocation)
• Penal Law 400.02 - statewide license and record database
• Penal Law 265.00 - definitions, including serious offense (17), assault weapon (22), and large capacity ammunition feeding device (23)
• Penal Law 265.01-b - criminal possession of a firearm (class E felony)
• Penal Law 265.01-d - criminal possession of a weapon in a restricted location; the private-property express-consent default was held unconstitutional as applied to property open to the public (Christian v. James, 2d Cir. 2026; Wolford v. Lopez, U.S. 2026)
• Penal Law 265.01-e - criminal possession of a firearm, rifle, or shotgun in a sensitive location (class E felony)
• Penal Law 265.03 - criminal possession of a weapon in the second degree (class C violent felony)
• Penal Law 265.20 - exemptions from the weapons offenses
• Penal Law 70.02 - sentences for violent felony offenses
• Penal Law 35.15 and 35.20 - justification and defense of premises
• 18 U.S.C. 922(g) - federal prohibited persons; 21 U.S.C. 802 - controlled substance definition
• New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022)
• Concealed Carry Improvement Act, S.51001 (signed July 1, 2022; effective September 1, 2022)
• Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), cert denied 2025 - governing decision on the CCIA sensitive-location and application challenges
• Christian v. James, No. 24-2847 (2d Cir. May 18, 2026) - struck the Penal Law 265.01-d private-property default; upheld the public-parks ban
• Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026) - held express-consent private-property default carry bans unconstitutional nationwide

Firearms law in New York continues to change through both legislation and litigation. Confirm current requirements with the New York State Police, your county or city licensing officer, or, for New York City, the NYPD License Division before relying on any specific provision.