New York does not honor a carry permit issued by any other state. For a private citizen, the only exemption that makes lawful public carry possible is...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New York does not honor a carry permit issued by any other state. For a private citizen, the only exemption that makes lawful public carry possible is written to reach one thing: a license issued under New York law.
Penal Law 265.20(a)(3) exempts "Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter." A permit issued by another state is not a license under Penal Law 400.00 or 400.01, so it does not open that exemption. New York State guidance is plain: "You are still required to have a license to possess a pistol or revolver. Nothing in the recent United States Supreme Court decision changes this fact."
Treat a home-state permit as having no effect here. The path to carry in New York is a New York license, and nonresidents may apply.
Penal Law 265.00(3) defines "firearm" to include "any pistol or revolver," so a carry handgun is a firearm for every offense below. The possession offenses that reach a visitor carrying on a foreign permit each carry a fixed grade:
The magazine your handgun was sold with can be that device, and possessing it is a class D felony by itself. No paragraph of Penal Law 265.20(a) exempts a private visitor relying on a foreign permit from that offense, and the federal transport conditions below do not cure it. Penal Law 265.37 separately makes it unlawful "to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition," a class B misdemeanor for a first offense outside the possessor's home. Check the gun and the bag.
Penal Law 265.03(3) carries an exception a traveler cannot use. Possession "shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business." The exception is written to the possessor's own home or place of business. It does not name a hotel room, a short-term rental, or a vehicle. If you are staying anywhere else, do not assume it covers you without advice from a New York attorney.
The definition of "loaded" is a trap. Penal Law 265.00(15) defines a loaded firearm as "any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm." An empty pistol and a box of matching cartridges in the same bag meet it.
Even a New York license does not reach New York City on its own. Penal Law 400.00(6) provides that a license to carry or possess a pistol or revolver "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 Second Circuit described the same structure in Frey v. City of New York, No. 23-365-cv (2d Cir. Sept. 19, 2025): "With some exceptions inapplicable to this appeal, state law requires individuals who want to carry firearms in the City to obtain a license issued by the City, or a special permit if the individual has already obtained a license elsewhere." The panel affirmed the denial of a preliminary injunction against that requirement and remanded for further proceedings. The constitutional question is not settled.
New York City's guidance agrees: "New York City has its own licensing laws different from the rest of New York State, and an individual must possess an appropriate license or permit from New York City to carry a firearm within the City."
The City permit requirement sits on top of a state license, and a permit from outside New York State does not substitute for either. The travel provisos in Penal Law 400.00(6), including transport in a locked container where "the trip through the city of New York is continuous and uninterrupted," run to holders of a license issued under that section. They are not a route for another state's permit.
Under 38 RCNY 5-01(d), Special Licenses are issued "to persons in possession of a valid New York State County Carry License," and revocation, cancellation, suspension or surrender of the county license automatically voids the City license.
Penal Law 265.01-e, criminal possession of a firearm, rifle or shotgun in a sensitive location, reaches possession "in or upon a sensitive location," where the person "knows or reasonably should know such location is a sensitive location." It is a class E felony that binds licensees.
Penal Law 265.01-e(2)(n) covers "any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals." Penal Law 265.01-e(2)(t) covers "the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage."
Before flying with a firearm into or out of a New York airport, confirm handling with your airline and the airport operator, including what applies once you leave the secured area.
New York State guidance is direct:
New York law does not require residency or in-state employment to apply for a firearm license. While the Penal Law directs applicants who live or work in New York to file their firearm application in the county of residence or principal place of employment, this provision does not exclude nonresidents from applying. Licensing officers may accept applications from nonresidents, and residency is not among the eligibility criteria for being issued a firearm license.
Penal Law 400.00(3)(a) is that venue rule. Applications are made to the licensing officer in the city or county "where the applicant resides, is principally employed or has his or her principal place of business as merchant or storekeeper." Penal Law 400.00(2)(f) authorizes carry: to "have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person."
New York City has an express nonresident route. Under 38 RCNY 5-03(b), "A person who resides outside of New York State and is not principally employed within New York City may apply for a carry handgun license pursuant to this section," subject to each of these:
Under 38 RCNY 5-25, requests to add more than one handgun to a Non-Resident Carry license under 5-03(b) "shall not be approved."
Federal law protects transport, not carry. Section 926A entitles a person to transport a firearm only when all of these are true:
A separate proviso attaches to one class of vehicle only. For a vehicle with no compartment separate from the driver's compartment, the firearm or ammunition "shall be contained in a locked container other than the glove compartment or console." A vehicle with a trunk falls under condition 5 above, not this proviso.
Section 926A moves a firearm through New York. It does not authorize carrying one and does not convert a foreign permit into a New York license.
Penal Law 265.20(a)(13) exempts possession of pistols and revolvers by a nonresident while attending or traveling to or from an organized competitive pistol match or league competition "under auspices of, or approved by, the National Rifle Association," or an organized match sanctioned by the International Handgun Metallic Silhouette Association, in which the person is a competitor. The first three are conditions of the exemption. The fourth governs what your paperwork proves:
Penal Law 265.20(a)(13-a) applies the same conditions to a nonresident registered participant at an organized convention or exhibition for the display of or education about firearms under National Rifle Association auspices or approval, with convention or exhibition documentation in place of match documentation. It opens with a geographic exclusion: "Except in cities not wholly contained within a single county of the state."
Penal Law 265.20(a)(12) is a third route. It exempts a member or coach of an accredited college or university target pistol team transporting a pistol or revolver into or through New York state for a collegiate, olympic or target pistol shooting competition under National Rifle Association auspices or approval, provided it is "unloaded and carried in a locked carrying case and the ammunition therefor is carried in a separate locked container." It turns on team membership, not a permit.
These are competition and exhibition exemptions. They do not authorize carrying a loaded handgun for self-defense.
One limit runs through all of them, and through the 265.20(a)(3) license exemption this page rests on. Penal Law 265.20(a)(16) provides that "rifle," "shotgun," "pistol," "revolver," and "firearm" as used in paragraphs three, twelve, thirteen and thirteen-a "shall not include a disguised gun or an assault weapon."
Penal Law 265.20(a)(11) exempts "Possession of a firearm or large capacity ammunition feeding device by a police officer or sworn peace officer of another state while conducting official business within the state of New York."
Under 18 U.S.C. 926B, a qualified law enforcement officer "who is carrying the identification required by subsection (d)" may carry a concealed firearm that has moved in interstate or foreign commerce, subject to subsection (b). Section 926C does the same for a qualified retired officer. Subsection (b) of each preserves state laws letting private persons or entities restrict concealed firearms on their property, and state laws that "prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park."
New York names these federal categories in its location offenses. Penal Law 265.01-e(3)(a) exempts "qualified law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C 926B, or qualified retired law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926C." Penal Law 265.01-d(2)(c) carries the parallel exemption for restricted locations.
Retirement alone is not a license. New York State guidance: "Retired law enforcement officials will need to apply for a concealed carry license."
Penal Law 400.00(6) makes a license "effective throughout the state." That state is New York, and the provision reaches no other jurisdiction.
Before traveling out of New York with a handgun, check the destination with that state's attorney general, state police, or licensing agency, and check every state you will drive through. Recognition changes by legislation and by court order, so verify close to your travel date.
| Statute | Conduct | Grade |
|---|---|---|
| Penal Law 265.01(1) | Any firearm | Class A misdemeanor |
| Penal Law 265.01-b(1) | Any firearm | Class E felony |
| Penal Law 265.02(7), (8) | Assault weapon or large capacity ammunition feeding device | Class D felony |
| Penal Law 265.03(3) | Any loaded firearm, outside home or place of business | Class C felony |
| Penal Law 265.01-e | Firearm, rifle or shotgun in a sensitive location | Class E felony |
This page covers one part of our New York concealed carry guide.
Read the complete New York guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.