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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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 the law is being actively litigated after the Supreme Court's 2022 Bruen decision, notes the current enforceability.
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.
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:
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.
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.
Under Penal Law 400.00(1), no carry license may issue except to an applicant who meets all of the following:
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):
A license may not issue, and an existing license is subject to revocation, where the applicant (Penal Law 400.00(1)(c) through (m)):
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.
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:
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.
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).
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).
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.
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.
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).
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).
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).
A valid carry license does not authorize carry everywhere. Two CCIA offenses limit where a licensee may go armed, and both have been the subject of ongoing litigation.
Both provisions were challenged in the Antonyuk litigation (Antonyuk v. Nigrelli / Antonyuk v. James / Antonyuk v. Hochul). The Second Circuit largely upheld the CCIA's sensitive-location and restricted-location framework, but courts enjoined certain applications, most notably the restriction as applied to places of worship and the requirement that applicants disclose social media accounts. Because the precise scope of what is enforceable has shifted through district-court orders, stays, and appellate rulings, a license holder should verify the current status of any specific provision before relying on it. The statutory text remains on the books; do not assume any single provision is either fully operative or fully void without checking the latest court order.
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.
Independent of the carry license, New York's SAFE Act provisions restrict certain firearms and magazines:
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.
This page covers one part of our New York concealed carry guide.
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