New York is a licensed-carry state with some of the most restrictive firearm transport rules in the country. There is no constitutional or permitless carry....
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 with some of the most restrictive firearm transport rules in the country. There is no constitutional or permitless carry. A license to carry a handgun is issued under Penal Law 400.00, and possessing a handgun without a license is a crime. The 2022 Concealed Carry Improvement Act (CCIA), effective September 1, 2022, layered new location-based crimes and storage rules on top of the existing framework. Anyone moving a firearm through New York has to account for state law, federal interstate protections, and stricter local ordinances in places like New York City and Buffalo.
New York treats unlicensed handgun possession as a felony, presumes possession from the mere presence of a firearm in a vehicle, and criminalizes possession in a long list of "sensitive locations" regardless of license status. Because the CCIA is the subject of ongoing federal litigation (the Antonyuk cases), some of its applications have been limited by the courts while the statutory text remains on the books. The practical takeaway is to plan transport carefully and assume the strictest rule applies unless you have confirmed otherwise.
Under New York Environmental Conservation Law and Department of Environmental Conservation (DEC) hunting regulations, a person may not transport or possess a loaded rifle or shotgun in or on a motor vehicle. The firearm must be unloaded in both the chamber and the magazine. A crossbow must be uncocked, and a longbow rules also apply during hunting season.
DEC guidance on "unloaded" status:
Source: NYSDEC hunting regulations (dec.ny.gov).
New York defines a "loaded firearm" to include not only a firearm actually loaded with ammunition, but also "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." This is verified against the statutory text of Penal Law 265.00(15).
The consequence matters for transport: carrying an unloaded handgun in a vehicle while also carrying compatible ammunition in that same vehicle can constitute possession of a "loaded firearm." For an unlicensed person, possession of a loaded firearm outside the home or place of business is criminal possession of a weapon in the second degree under Penal Law 265.03, a class C felony.
Penal Law 265.45, "Failure to safely store rifles, shotguns, and firearms in the first degree," sets out a vehicle storage rule. Under subdivision 2, no person may leave a rifle, shotgun, or firearm out of that person's immediate possession or control inside a vehicle without first:
Subdivision 3 defines a "safe storage depository" as a safe or other secure container that, when locked, cannot be opened without the key, keypad, combination, or other unlocking mechanism, and that is fire-, impact-, and tamper-resistant. The same subdivision states expressly that a glove compartment or glove box does not qualify as a safe storage depository.
The statute exempts on-duty police officers, qualified law enforcement officers authorized to carry under 18 U.S.C. 926B, and military personnel acting in their official capacity. Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor.
Note on the prior version of this guide: an earlier draft described Penal Law 265.50 as a "second degree" safe-storage offense. That is incorrect. Penal Law 265.50 is the crime of criminal manufacture, sale, or transport of an undetectable firearm (see below). The safe-storage rule that governs vehicle storage is Penal Law 265.45.
Penal Law 265.15(3) provides that the presence in an automobile (other than a stolen one or a public omnibus) of a firearm, large capacity ammunition feeding device, defaced firearm, firearm silencer, and other listed weapons is "presumptive evidence of its possession by all persons occupying such automobile" at the time the weapon is found. In practice, a firearm found in a car can be charged against every occupant.
The statute lists exceptions to this presumption:
The City of Buffalo restates a similar rule by ordinance: the presence in an automobile of any firearm, rifle, or shotgun that is openly visible is presumptive evidence of possession by all occupants, except when found in a vehicle for hire.
Sources: Penal Law 265.15(3); Buffalo City Code Chapter 180.
The CCIA created two location-based crimes that can be triggered while traveling, not just while standing still.
Litigation status: both provisions were challenged in Antonyuk v. James (later captioned Antonyuk v. Hochul). The Second Circuit upheld most of the CCIA but enjoined enforcement of the sensitive-location rule as applied to places of worship, and parts of the restricted-location framework have been the subject of continuing injunction litigation, including a remand from the Supreme Court for further consideration. Because enforcement of some applications has been limited by the federal courts while the statutory text stands, do not assume an enjoined application is being enforced, and do not assume an upheld provision is void. Confirm the current posture before relying on either.
A driver who carries a handgun through New York can pass through or stop in a sensitive or restricted location without realizing it, so route planning matters.
Sources: Penal Law 265.01-e; Penal Law 265.01-d; Antonyuk litigation.
Penal Law 265.10(2) makes it a class D felony to transport or ship any machine-gun, firearm silencer, assault weapon, large capacity ammunition feeding device, or disguised gun, and also a class D felony to transport or ship as merchandise five or more firearms. Transporting or shipping a rapid-fire modification device is a class E felony.
Transporting or shipping as merchandise any firearm other than an assault weapon, or a switchblade knife, pilum ballistic knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star, chuka stick, sandbag, or slungshot, is a class A misdemeanor.
Separately, Penal Law 265.50 makes it a class D felony to knowingly manufacture, sell, transport, ship, or possess with intent to sell an undetectable firearm, rifle, or shotgun (one that is not detectable by a metal detector calibrated to the Security Exemplar under 18 U.S.C. 922(p), or a major component that does not generate an adequate image under airport screening).
Sources: Penal Law 265.10(2); Penal Law 265.50.
Penal Law 265.20 lists the exemptions to New York's possession and transport crimes. The transport-relevant exemptions, verified against the statutory text, include:
Source: Penal Law 265.20.
Federal law provides a narrow safe harbor for traveling through New York:
"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle."
The statute adds that for a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition must be in a locked container other than the glove compartment or console.
Key limits:
Source: 18 U.S.C. 926A.
Carrying a weapon on an aircraft is governed by federal law. Under 49 U.S.C. 46505, an individual who has a concealed dangerous weapon accessible to them in flight, or who places or attempts to place a loaded firearm in aircraft property, can be fined and imprisoned for up to 10 years. This is the controlling statute for aircraft and airport secured areas, not the general sentencing provisions of 18 U.S.C. 924.
Firearms may be transported in checked baggage only if they are unloaded, in a locked hard-sided container, and declared to the airline, with ammunition packed according to airline and TSA rules. A New York carry license does not authorize a firearm at a TSA screening checkpoint, and an airport may also be a sensitive location under Penal Law 265.01-e.
New York City runs its own handgun licensing system under the New York City Administrative Code (10-131) and Title 38 of the Rules of the City of New York, separate from and stricter than the state Penal Law 400.00 process. A handgun license issued elsewhere in New York does not by itself authorize possession in the five boroughs. Manufacturer transport of pistols or revolvers into, out of, or within New York City requires the written consent of the NYC Police Commissioner under Penal Law 265.20(a)(9-a). Treat NYC as a distinct jurisdiction when planning any transport.
Some cities impose additional transport and storage rules. The City of Buffalo (City Code Chapter 180) requires, among other things:
Check local ordinances along any planned route.
Source: Buffalo City Code Chapter 180.
Hunters moving harvested deer or bear must follow DEC tagging and transport rules. A tagged carcass may be transported by the hunter or by someone in the hunter's company. If a person other than the hunter transports the carcass, an additional tag with both parties' names, addresses, and signatures is required. E-tag users must report the harvest electronically before transport; paper-tag users must attach the carcass tag and report within the time DEC requires.
Source: NYSDEC deer and bear hunting regulations (dec.ny.gov).
New York's mandatory concealed carry firearm safety training, required under Penal Law 400.00(19) (a minimum of 16 hours of in-person live curriculum plus 2 hours of live-fire range training), includes instruction on safe storage and transport, on state and federal firearm law, on sensitive and restricted locations under Penal Law 265.01-e and 265.01-d, and on the use of deadly physical force and the duty to retreat under Penal Law 35.15. New York imposes a duty to retreat outside the home before using deadly force and has no stand-your-ground law; the only exception to retreat in 35.15(2) is for a person in their own dwelling who is not the initial aggressor.
Sources: Penal Law 400.00(19); Penal Law 35.15; NY State Police minimum training standards (troopers.ny.gov).
| Statute | Subject | Classification |
|---|---|---|
| Penal Law 265.00(15) | Definition of "loaded firearm" | Definitional |
| Penal Law 265.01 | Criminal possession of a weapon, 4th degree | Class A misdemeanor |
| 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 | Class E felony |
| Penal Law 265.01-e | Criminal possession of a firearm, rifle, or shotgun in a sensitive location | Class E felony |
| Penal Law 265.02 | Criminal possession of a weapon, 3rd degree | Class D felony |
| Penal Law 265.03 | Criminal possession of a weapon, 2nd degree (includes loaded firearm outside home or business) | Class C felony |
| Penal Law 265.10(2) | Transport or shipment of prohibited weapons / 5+ firearms as merchandise | Class D felony (rapid-fire device, class E; other firearm as merchandise, class A misdemeanor) |
| Penal Law 265.15(3) | Automobile presumption of possession | Evidentiary presumption |
| Penal Law 265.20 | Exemptions (licensed holders, hunters, competitors, merchandise transport) | Exemptions |
| Penal Law 265.45 | Failure to safely store rifles, shotguns, and firearms, 1st degree | Class A misdemeanor |
| Penal Law 265.50 | Criminal manufacture, sale, or transport of an undetectable firearm | Class D felony |
| Penal Law 35.15(2) | Use of deadly physical force; duty to retreat | Justification defense |
| Penal Law 400.00 | Handgun license; training under subdivision 19 | Licensing |
| 18 U.S.C. 926A | Federal interstate transport of firearms | Federal protection |
| 49 U.S.C. 46505 | Carrying a weapon on an aircraft | Federal crime |
Sources: New York Penal Law Articles 265 and 400; 18 U.S.C. 926A; 49 U.S.C. 46505; NYSDEC hunting regulations; Buffalo City Code Chapter 180; Antonyuk litigation.
This page covers one part of our New York concealed carry guide.
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