New York Weapon Restrictions for Concealed Carry

New York Weapon Restrictions for Concealed Carry

New York is a licensed-carry state, not a permitless or constitutional-carry state. A license issued under Penal Law § 400.00 is required to possess or carry a handgun, and a separate concealed carry license is required to carry outside the home or business. Even with a valid license, where and how you may carry is sharply limited by statute. After the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022), New York enacted the Concealed Carry Improvement Act (CCIA), effective September 1, 2022, which removed the old "proper cause" standard but added sensitive-location and restricted-location crimes, enhanced eligibility screening, expanded safe-storage rules, and ammunition background checks. Several CCIA provisions were challenged in Antonyuk v. James (formerly Antonyuk v. Hochul / Antonyuk v. Nigrelli / Antonyuk v. Chiumento). In its October 24, 2024 decision (120 F.4th 941, cert. denied April 7, 2025), the Second Circuit upheld most of the law, including the sensitive-location crime as a general matter, and vacated the preliminary injunction that had barred enforcement of the place-of-worship category. The social-media-disclosure item in Penal Law § 400.00(1)(o)(iv) has not been repealed, but a court-ordered settlement keeps it off the application form. Penal Law § 265.01-d is still on the books and enjoined in part: a federal court permanently enjoined its enforcement as to private property open to the public, and the Second Circuit affirmed that injunction on May 18, 2026 (Christian v. James, 176 F.4th 189). As to private property that is not held open to the public, § 265.01-d still applies on its own terms. Those points are flagged below.

Sensitive Locations - Firearms Prohibited

Under Penal Law § 265.01-e, it is a crime to possess a firearm, rifle, or shotgun in or upon a "sensitive location" when the person knows or reasonably should know the location is a sensitive location. This applies even to a person holding a valid concealed carry license. The offense is a class E felony.

Designated Sensitive Locations

Penal Law § 265.01-e(2) defines sensitive locations to include:

• Any place owned or under the control of federal, state, or local government for the purpose of government administration, including courts
• Any location providing health, behavioral health, or chemical dependence care or services
• Any place of worship under Penal Law § 265.01-e(2)(c), which the statute excepts only for "those persons responsible for security at such place of worship" (this category is in force; see the place-of-worship note below)
• Libraries, public playgrounds, public parks, and zoos (a "public park" does not include privately held land within a public park not dedicated to public use, or the forest preserve as defined in Environmental Conservation Law § 9-0101(6))
• Programs serving children, youth, or young adults licensed, regulated, certified, funded, or approved by the Office of Children and Family Services, legally exempt childcare providers, and childcare programs permitted by the NYC Department of Health and Mental Hygiene
• Nursery schools, preschools, and summer camps (with a limited exception tied to Penal Law § 265.20 subdivisions 7-c, 7-d, and 7-e at summer camps)
• Programs licensed, regulated, certified, operated, or funded by the Office for People with Developmental Disabilities
• Programs licensed, regulated, certified, operated, or funded by the Office of Addiction Services and Supports
• Programs licensed, regulated, certified, operated, or funded by the Office of Mental Health
• Programs licensed, regulated, certified, operated, or funded by the Office of Temporary and Disability Assistance
• Homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, emergency shelters, and residential programs for victims of domestic violence
• Residential settings licensed, certified, regulated, funded, or operated by the Department of Health
• Buildings and grounds of educational institutions, colleges and universities, licensed private career schools, school districts, public schools, charter schools, non-public and private schools, BOCES, special act schools, preschool special education programs, and state-operated or state-supported schools
• Any place, conveyance, or vehicle used for public transportation or transit, including subway cars, train cars, buses, ferries, airports, train stations, subway and rail stations, and bus terminals
• Establishments holding an active license for on-premises consumption of alcohol, and establishments licensed for on-premises cannabis consumption
• Performance, entertainment, gaming, or sporting venues such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concert and exhibit halls, conference centers, banquet halls, gaming facilities, and video lottery terminal facilities
• Polling places
• Any public sidewalk or other public area restricted from general public access for a limited time or special event by permit, heightened law enforcement protection, or governmental restriction, where identified by clear and conspicuous signage
• Any gathering of individuals to collectively express their constitutional rights to protest or assemble
• The area commonly known as Times Square, as determined and identified by the City of New York and marked with clear and conspicuous signage

Place of Worship - In Force

Places of worship are in the statutory list and that category is in force. The statute carves out only "those persons responsible for security at such place of worship" (Penal Law § 265.01-e(2)(c)). In Antonyuk v. James (2d Cir. Oct. 24, 2024, 120 F.4th 941, cert. denied April 7, 2025), the Second Circuit wrote: "we VACATE the district court's preliminary injunction against enforcement of § 265.01-e(2)(c)."

One narrow piece of relief survives, and it does not run to the public. The same opinion records that the court's earlier consolidated opinion "left intact the preliminary injunction issued by the district court in Spencer, which prohibited enforcement of § 265.01-e(2)(c) against plaintiffs in that case," and that nothing in the amended Antonyuk opinion "should be construed as having any effect on the preliminary injunction issued and upheld in Spencer." That order binds the defendants as to the Spencer plaintiffs. It is not a general license to carry in a place of worship.

Treat a place of worship as a class E felony sensitive location unless you are within the security carve-out or one of the Penal Law § 265.01-e(3) exemptions. A place of worship is also private property, and the operator may prohibit firearms through signage or under property law. Confirm current enforcement status on gunsafety.ny.gov before relying on any of this.

Adirondack and Catskill Parks

Penal Law § 265.01-e(2)(d) provides that for purposes of the sensitive-location crime a "public park" does not include "(i) any privately held land within a public park not dedicated to public use or (ii) the forest preserve as defined in subdivision six of section 9-0101 of the environmental conservation law." Land in either of those two categories is not a sensitive location by virtue of sitting inside a park. Specific places within the parks that independently qualify as sensitive or restricted locations, for example libraries or government buildings, remain subject to the law.

Exemptions from the Sensitive-Location Crime

Penal Law § 265.01-e(3) lists who the section does not apply to, including:

• Qualified law enforcement officers authorized to carry under 18 U.S.C. § 926B, and qualified retired law enforcement officers authorized to carry under 18 U.S.C. § 926C
• Police officers as defined in Criminal Procedure Law § 1.20(34), including those who are retired
• Peace officers designated by Criminal Procedure Law § 2.10
• Security guards registered under article 7-A of the General Business Law who hold a special armed registration card, while at their place of employment during work hours
• Active-duty military personnel
• Persons licensed under Penal Law § 400.00(2)(c), (d), or (e) while in the course of their official duties
• Government employees with the express written consent of their supervising agency, for natural resource protection and management
• Persons lawfully taking wildlife under a DEC hunting permit or license, and persons lawfully engaged in hunter education, marksmanship practice or competition, or firearms safety training
• Persons operating a state- or municipality-licensed program out of their residence, in compliance with applicable storage rules
• MTA and NYC Transit Authority revenue control and security employees authorized to carry as part of their employment, while acting in their official duties
• Persons engaged in historical reenactments, educational programming involving historical weapons of warfare, or motion picture or theatrical productions
• Persons responsible for the storage or display of antique firearms, rifles, or shotguns at museums and historic sites, while acting within their official duties
• Persons participating in military ceremonies, funerals, and honor guards
• Persons lawfully learning, practicing, training for, competing in, or traveling for the sport of biathlon

Restricted Locations - Private Property

Penal Law § 265.01-d(1) makes it a crime to possess a firearm, rifle, or shotgun and enter or remain on private property where the person knows or reasonably should know that the owner or lessee "has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent." Note that the text reaches private property generally, not only property held open to the public. As written, the statute sets a default of "no carry" unless the owner posted a sign or gave consent. Criminal possession of a weapon in a restricted location is a class E felony.

Litigation status: still on the books, enjoined in part. Section 265.01-d has not been repealed and has not been struck down as a whole. On October 10, 2024, the U.S. District Court for the Western District of New York entered a permanent injunction in Christian v. James ordering that the defendants and those acting with them are "permanently enjoined, effectively immediately, from enforcing N.Y. Pen. L. § 265.01-d with respect to private property open to the public, and their regulations, policies, and practices implementing it." The Second Circuit affirmed that injunction on May 18, 2026. Christian v. James, 176 F.4th 189 (2d Cir. 2026). New York State Police say the same in operational terms on gunsafety.ny.gov: "Due to a court ruling NYSP is not currently enforcing this provision with respect to possession of a firearm, rifle, or shotgun upon private property that is held open to the public."

What changed on property open to the public, such as a store, diner, pharmacy, or gas station, is the default. Instead of possession being criminal unless the owner affirmatively permits it, permission is presumed unless the owner withdraws it. About that class of property, and only that class, the Supreme Court reached the same conclusion in a case about a Hawaii law, Wolford v. Lopez, No. 24-1046 (U.S. June 25, 2026). The property owner keeps the right to exclude firearms, and a posted or stated prohibition must be honored under property and trespass law. As to private property that is not held open to the public, § 265.01-d still applies on its own terms, and no court has held otherwise. The sensitive-location statute in Penal Law § 265.01-e is a separate layer and is untouched by this injunction, so a bar, a theater, a stadium, a hospital, a place of worship, a transit station and Times Square all remain class E felony locations.

Exemptions from the Restricted-Location Crime

Penal Law § 265.01-d(2) does not apply to:

• Police officers as defined in Criminal Procedure Law § 1.20
• Peace officers as defined in Criminal Procedure Law § 2.10
• Qualified law enforcement officers authorized to carry under 18 U.S.C. § 926B, and qualified retired law enforcement officers authorized to carry under 18 U.S.C. § 926C
• Security guards registered under article 7-A of the General Business Law who hold a special armed registration card, while at their place of employment during work hours
• Active-duty military personnel
• Persons licensed under Penal Law § 400.00(2)(c), (d), or (e) while in the course of their official duties
• Persons lawfully taking wildlife under a DEC hunting permit or license, or as otherwise authorized under Environmental Conservation Law §§ 11-0707 and 11-0709
• MTA and NYC Transit Authority revenue control and security employees authorized to carry as part of their employment, while acting in their official duties

The restricted-location exemption list is narrower than the sensitive-location list. Exemptions for biathlon, historical reenactments, museum and historic-site workers, military ceremony participants, government employees on natural-resource duty, retired police officers as a separate category, and home-program operators appear only in the sensitive-location statute, not the restricted-location statute.

Possession and Carry Crimes (License Required)

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

• Criminal possession of a firearm (Penal Law § 265.01-b) - possessing any firearm, or failing to register a pre-2013 grandfathered firearm. Class E felony.
• Criminal possession of a weapon in the fourth degree (Penal Law § 265.01) - the lowest-level weapon possession offense (covers various weapons and possession by a person convicted of a felony or serious offense, among other conduct). Class A misdemeanor.
• Criminal possession of a weapon in the third degree (Penal Law § 265.02) - includes possessing an assault weapon, a large capacity ammunition feeding device, a defaced firearm, or a firearm after a prior conviction. Class D felony.
• Criminal possession of a weapon in the second degree (Penal Law § 265.03) - includes possessing any loaded firearm outside the home or place of business. Class C felony.

Exemptions from the weapons-possession offenses, including the exemption for a person carrying a handgun under a valid Penal Law § 400.00 license, are listed in Penal Law § 265.20.

Assault Weapon Restrictions

New York's SAFE Act prohibits the manufacture, transport, disposition, and possession of assault weapons. "Assault weapon" is defined by military-style design features in Penal Law § 265.00(22). In general:

• A semiautomatic rifle that can accept a detachable magazine and has at least one listed feature (folding or telescoping stock, conspicuous pistol grip, thumbhole stock, second handgrip, bayonet mount, flash suppressor or threaded barrel, or grenade launcher) is an assault weapon
• A semiautomatic shotgun with at least one listed feature is an assault weapon
• A semiautomatic pistol that can accept a detachable magazine and has at least one listed feature is an assault weapon
• Revolving cylinder shotguns are assault weapons
• A firearm that is manually operated by bolt, pump, lever, or slide action cannot be an assault weapon (Penal Law § 265.00(22)(g)(i)), and certain antique and 50-year-old firearms are excluded

Possessing an assault weapon is criminal possession of a weapon in the third degree, a class D felony (Penal Law § 265.02(7)).

Registration of Grandfathered Assault Weapons

• Penal Law § 400.00(16-a)(a) gave an owner of a weapon covered by Penal Law § 265.00(22)(e) or (f), possessed before the 2013 chapter that added the paragraph took effect, one year from the effective date of that subdivision to register it with the Superintendent of State Police or to amend an existing license. That window has closed.
• One narrow registration path stays open on its own terms: a firearm, rifle or shotgun manufactured at least fifty years before the current date and covered by Penal Law § 265.00(22)(g)(vi), if transferred into New York, "may be registered at any time, provided such weapons are registered within thirty days of their transfer into the state."
• Owners of validly registered, grandfathered assault weapons "shall recertify to the division of state police every five years thereafter. Failure to recertify shall result in a revocation of such registration."
• An assault weapon acquired after the registration window closed that was never validly registered is not covered by the § 265.00(22)(g)(v) carve-out for a "weapon validly registered pursuant to subdivision sixteen-a of section 400.00," so possessing it is criminal possession of a weapon in the third degree, a class D felony (Penal Law § 265.02(7)).

Magazine Capacity Restrictions

• A "large capacity ammunition feeding device" is a magazine, belt, drum, feed strip, or similar device that holds, or can be readily restored or converted to accept, more than 10 rounds (Penal Law § 265.00(23)). A tubular .22 rimfire device and certain registered curios or relics are excluded.
• Possessing a large capacity ammunition feeding device is criminal possession of a weapon in the third degree, a class D felony (Penal Law § 265.02(8)).
• New York has a separate seven-round load limit that is still in the statute books. Penal Law § 265.37 makes it "unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition." Inside the possessor's home a first offense is a violation with a $200 fine and each later offense is a class B misdemeanor with a $200 fine and up to three months. Anywhere else a first offense is a class B misdemeanor with a $200 fine and up to six months, and each later offense is a class A misdemeanor.
• The Second Circuit held that seven-round load limit unconstitutional in New York State Rifle & Pistol Association v. Cuomo, 804 F.3d 242 (2d Cir. 2015). It concluded that "New York's seven-round load limit does not survive intermediate scrutiny in the absence of requisite record evidence and a substantial relationship between the statutory provision and important state safety interests," and affirmed the judgment of the Western District of New York "insofar as it held this provision unconstitutional." Section 265.37 was not repealed, and it keeps its own graded offense in the Penal Law.
• That 2015 holding rested on intermediate scrutiny, the means-end framework the Supreme Court replaced in New York State Rifle & Pistol Association v. Bruen (2022) with a test rooted in the Second Amendment's text as informed by history. Because the analysis the Second Circuit used is no longer the governing one, confirm the current enforcement position on gunsafety.ny.gov or with a New York attorney rather than assuming the load limit is dead.
• The State's own gun safety site describes the SAFE Act amendments as "[s]uspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds." That statement is about what may be purchased. Section 265.37 has not been repealed, so confirm the current enforcement position on gunsafety.ny.gov or with a New York attorney before loading a magazine above seven rounds.
• Under Department of Environmental Conservation hunting regulations, a semi-automatic firearm used to hunt may generally not hold more than a limited number of rounds; check the current DEC hunting rules for the specific load limit and exceptions.

Prohibited Ammunition and Accessories

• Explosive bullets - knowingly possessing a bullet containing an explosive substance designed to detonate upon impact is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(7)), a class A misdemeanor
• Armor-piercing ammunition - possessing armor-piercing ammunition with intent to use it unlawfully against another is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(8)); armor-piercing ammunition is defined in Penal Law § 265.00(18)
• Rapid-fire modification devices - knowingly possessing any bump stock, trigger crank, binary or burst trigger system, pistol converter, or any other device "designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun" (Penal Law § 265.00(26)) is criminal possession of a rapid-fire modification device (Penal Law § 265.01-c), a class A misdemeanor
• Pistol converters and convertible pistols - effective August 25, 2026, Penal Law § 265.00(36) narrows "pistol converter" to a device that, "when installed in or attached to the rear of the slide of a semi-automatic pistol, replaces the backplate and interferes with the trigger mechanism." The same amendment adds Penal Law § 265.00(37), "convertible pistol," meaning a semi-automatic pistol with a cruciform trigger bar that can be readily altered by hand or with common household tools so it can be converted into a machine-gun by installing a pistol converter, and it folds "any convertible pistol that is equipped with a pistol converter" into the definition of "machine-gun" in Penal Law § 265.00(1). Possessing a machine-gun is reached by Penal Law § 265.02(2), a class D felony. Beginning May 31, 2027, a dealer in firearms or gunsmith who sells, transfers, disposes of, or transports or ships as merchandise a convertible pistol is guilty of a class D felony (Penal Law § 265.10(10))
• Ammunition transfers - under Penal Law § 400.03(3), a licensed dealer in firearms or a registered seller of ammunition may not transfer ammunition to a person who is not a dealer or seller unless the transferor first contacts the statewide license and record database, receives a unique identification number, and verifies the transferee's identity from a valid state identification document

Ghost Guns and Unfinished Frames or Receivers

• Ghost guns - an unserialized firearm, rifle, or shotgun that does not comply with Penal Law § 265.07 is a "ghost gun" (Penal Law § 265.00(32)). Knowingly possessing a ghost gun while not a licensed gunsmith or dealer is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(9)), a class A misdemeanor
• Unfinished or unserialized frames or receivers - knowingly possessing an unserialized or unfinished frame or receiver while not a licensed gunsmith or dealer is criminal possession of a weapon in the fourth degree (Penal Law § 265.01(10)), a class A misdemeanor
• Manufacture and shipping - effective August 25, 2026, Penal Law § 265.10(1) makes it a class D felony to manufacture or cause to be manufactured any "machine-gun, ghost gun, unfinished frame or receiver, firearm silencer, major component of a firearm, assault weapon, large capacity ammunition feeding device or disguised gun." Manufacturing a rapid-fire modification device is a class E felony. The same amendment adds "ghost gun" to the class D felony transport-or-ship list in Penal Law § 265.10(2)
• Digital firearm manufacturing code - effective August 25, 2026, Penal Law § 265.00(39) defines "digital firearm manufacturing code" as digital instructions, such as computer-aided design files, that may be used to program a three-dimensional printer or a CNC milling machine to produce a firearm, rifle, shotgun, ghost gun, unfinished frame or receiver, firearm silencer, rapid-fire modification device, or major component. Knowingly selling, transferring, distributing, selling access to, providing or otherwise disposing of that code to a person who does not hold both a Penal Law § 400.00 gunsmith license and a valid federal firearms license is a class A misdemeanor under Penal Law § 265.10(11), subject to the three exceptions stated in that subdivision. Possessing the code with intent to manufacture illegally, or to distribute it to a prohibited person or to a New York recipient lacking both licenses, is a class A misdemeanor under Penal Law § 265.10(12)

"Other" Firearms Reclassification

Effective in 2022, New York broadened the statutory definition of "firearm" in Penal Law § 265.00(3) to include "any other weapon" containing a component that provides housing or a structure designed to hold or integrate a fire control component designed to expel a projectile by action of an explosive. As a result, certain previously unclassified firearms (sometimes called "other" firearms, such as the Mossberg Shockwave or Remington 870 TAC-14) are now treated as firearms and may not be possessed or transferred without falling within an exemption under Penal Law § 265.20.

Body Armor Restrictions

New York restricts who may buy, take possession of, or sell body armor, and it adds a separate offense for wearing it during a violent felony.

Penal Law 270.20(2) defines "body armor" as "any product that is a personal protective body covering intended to protect against gunfire, regardless of whether such product is to be worn alone or is sold as a complement to another product or garment."

• Unlawful purchase (Penal Law 270.21). A person is guilty when, "not being engaged or employed in an eligible profession, they knowingly purchase or take possession of body armor." Eligible professions include police officers as defined in Criminal Procedure Law 1.20, peace officers as defined in Criminal Procedure Law 2.10, persons in military service for New York or the United States, and other professions designated by the Department of State under Executive Law 144-a. The offense is a class A misdemeanor for a first offense and a class E felony for any subsequent offense.
• Unlawful sale (Penal Law 270.22). A person is guilty when they sell, exchange, give or dispose of body armor to someone they know or reasonably should have known is not in an eligible profession. Class A misdemeanor for the first offense, class E felony for any subsequent offense.
• Unlawful wearing (Penal Law 270.20). Wearing body armor while committing a violent felony offense defined in Penal Law 70.02, in the course of and in furtherance of that crime, while possessing a firearm, rifle or shotgun, is a class E felony in its own right.

A concealed carry license is not an eligible profession and does not authorize a purchase. Check the Department of State's current list of designated professions before buying.

Prohibited Persons

Federal Prohibitions (18 U.S.C. § 922(g))

The following persons may not possess, receive, ship, or transport firearms or ammunition:

• Persons convicted of a crime punishable by imprisonment for a term exceeding one year
• Fugitives from justice
• Unlawful users of, or persons addicted to, a controlled substance
• Persons adjudicated as a mental defective or committed to a mental institution
• Aliens unlawfully in the United States, and most nonimmigrant-visa aliens
• Persons dishonorably discharged from the Armed Forces
• Persons who have renounced U.S. citizenship
• Persons subject to a qualifying domestic-violence restraining order
• Persons convicted of a misdemeanor crime of domestic violence

Being under indictment for a felony is a separate receipt-and-transport bar under 18 U.S.C. § 922(n); it is not part of the § 922(g) possession list.

Additional New York Disqualifiers

• A conviction for a felony or a "serious offense" as defined in Penal Law § 265.00(17), which lists specific misdemeanors (including illegally using, carrying, or possessing a weapon, and certain stalking, sexual, weapons, and domestic-violence-related offenses)
• A person subject to a Temporary or Final Extreme Risk Protection Order (TERPO/ERPO) under article 63-A of the CPLR, or an order of protection that suspends or revokes firearm rights
• Persons certified not suitable to possess a rifle or shotgun (Penal Law § 265.00(16))
• A licensing officer may also deny or revoke a Penal Law § 400.00 license based on the good-moral-character and eligibility standards in that section

Use of Force - Duty to Retreat

New York is not a stand-your-ground state. Under Penal Law § 35.15, a person may not use deadly physical force if the person knows that he or she can retreat with complete personal safety to self and others, except that there is no duty to retreat when the person is in his or her own dwelling and is not the initial aggressor (the "Castle" exception). Penal Law § 35.20 separately governs the use of force in defense of premises and allows deadly physical force against a burglary of an occupied dwelling or building. Concealed carry training must cover when deadly physical force is justified and the duty to retreat.

Safe Storage Requirements

The safe-storage statutes are Penal Law §§ 265.45 and 265.46. Penal Law § 265.50 is a different offense and covers undetectable firearms.

• Failure to safely store in the first degree (Penal Law § 265.45) applies to anyone who owns or has custody of a firearm, rifle, or shotgun and resides with a person who is (i) under 18 years of age, (ii) prohibited under a temporary or final Extreme Risk Protection Order or under 18 U.S.C. § 922(g)(1), (4), (8), or (9), or (iii) prohibited based on a felony or serious offense conviction. That owner must keep the weapon securely locked in an appropriate safe storage depository or rendered inoperable by a gun locking device when it is out of immediate possession or control. This is a class A misdemeanor.
• Penal Law § 265.45(2) also requires that a firearm left in an unattended vehicle have its ammunition removed and be securely locked in an appropriate safe storage depository out of sight from outside the vehicle. A glove compartment is not an appropriate depository.
• Failure to safely store in the second degree (Penal Law § 265.46) applies when the owner or custodian knows or has reason to know that a person under 16 years of age is likely to gain access, and fails to securely store the weapon. This is a violation punishable by a fine of up to $250.

Private Sale and Transfer Background Checks

Under General Business Law § 898, almost all private sales, exchanges, or disposals of firearms, rifles, and shotguns must go through a licensed dealer who runs a NICS background check through the State Police before the weapon is delivered:

• The dealer may charge a fee of no more than $10 per transaction (not per firearm)
• Transfers between members of an immediate family are exempt. "Immediate family" means spouses, domestic partners, children, and step-children
• A knowing violation is a class A misdemeanor

Domestic Violence Protections

• A court issuing an order of protection must suspend or revoke a firearm license, and order surrender of firearms, where the statutory risk findings are met
• Law enforcement responding to a family offense may take temporary custody of firearms in plain sight or found in a lawful search, and must take custody of firearms possessed by a person arrested for or suspected of a family offense
• Courts must consider a defendant's history of firearm use or possession and any order-of-protection history when setting bail or release conditions in domestic violence cases

Premises License vs. Concealed Carry License

A premises license authorizes possession of a pistol or revolver only in the licensee's home or place of business. It does not authorize carry outside those locations. A separate concealed carry license issued under Penal Law § 400.00 is required to carry a concealed handgun in public.

License Obligations

• A change of residence must be reported in writing within 10 days (Penal Law § 400.00(9))
• Lost or stolen firearms should be reported to police promptly
• A license to carry a concealed handgun under Penal Law § 400.00(2)(f) must be "recertified or renewed every three years following the issuance of such license" (Penal Law § 400.00(10)(d), added by the CCIA). Other pistol and revolver licensees are recertified to the Division of State Police every five years under Penal Law § 400.00(10)(b). Failure to recertify "shall act as a revocation of such license." Licensees in New York City, Nassau, Suffolk and Westchester follow their county's requirements rather than recertifying with the State Police
• A New York license is valid only within New York State

New York City Is Separate

New York City administers its own, stricter handgun licensing and possession rules through the NYPD License Division, governed separately under the New York City Administrative Code and the Rules of the City of New York. A license or practice that is lawful elsewhere in the state may not be lawful in New York City. Anyone carrying or possessing a handgun in New York City should confirm the applicable city rules in addition to state law.

Key Statutes

Recent Legislative and Litigation Developments

• September 1, 2022: The Concealed Carry Improvement Act took effect, creating the sensitive-location and restricted-location crimes, enhancing eligibility screening, strengthening safe storage, and adding ammunition background checks
• 2022: "Other" firearms reclassified within the statutory definition of "firearm"; body armor restrictions expanded
• Antonyuk v. James (2d Cir. Oct. 24, 2024, 120 F.4th 941; cert. denied April 7, 2025, No. 24-795): The Second Circuit upheld most of the CCIA, including the sensitive-location crime as a general matter (operative and criminally enforceable as a class E felony). It vacated the preliminary injunction against the place-of-worship category, § 265.01-e(2)(c), leaving intact only the separate Spencer injunction that runs to the plaintiffs in that case. It preserved the injunction as to Penal Law § 400.00(1)(o)(iv) and as to § 265.01-d applied to private property held open to the general public. The good-moral-character standard, the 18-hour training requirement, the in-person interview, and the reference requirements (other than social media) were upheld
• March 30, 2026, social media disclosure: Penal Law § 400.00(1)(o)(iv) has not been repealed. A stipulation of partial settlement in Antonyuk v. Hochul (N.D.N.Y.), so ordered by U.S. District Judge Glenn T. Suddaby, added a permanent injunction against enforcing the subparagraph and the Superintendent's agreement that "The Superintendent shall ensure that the PPB-3 license application form does not include language requiring social media information." The injunction terminates if the Legislature repeals the subparagraph. The text stays in the statute and the current PPB-3 does not ask for social media accounts
• 2024: United States v. Rahimi upheld the federal domestic-violence restraining-order firearm bar under the Bruen historical-tradition framework
• Christian v. James (2d Cir. May 18, 2026, 176 F.4th 189): The Second Circuit affirmed the October 10, 2024 permanent injunction barring enforcement of Penal Law § 265.01-d with respect to private property open to the public. The same decision affirmed judgment for the State on the public-parks sensitive-location ban, Penal Law § 265.01-e(2)(d), which remains enforceable
• Wolford v. Lopez (U.S. June 25, 2026, No. 24-1046): The Supreme Court reached the same conclusion about a Hawaii law. It is confirmatory here. The New York rule comes from the Christian injunction, not from Wolford
• Matters still open, as of August 2026: The public-transit claim in Christian is unresolved and Penal Law § 265.01-e(2)(n) remains in force. In an August 14, 2026 joint status letter the Christian plaintiffs said they "anticipate petitioning for certiorari regarding the ban on carrying in public parks before the deadline of September 16, 2026." Summary-judgment briefing continues in Antonyuk. Treat every enforcement point in this guide as of a date and confirm it on gunsafety.ny.gov
• August 25, 2026: Amendments to Penal Law §§ 265.00 and 265.10 took effect, narrowing the "pistol converter" definition, adding "convertible pistol," "three-dimensional printer," "digital firearm manufacturing code" and "cruciform trigger bar," folding a converter-equipped convertible pistol into the "machine-gun" definition, adding ghost guns, unfinished frames or receivers, firearm silencers and major components to the class D felony manufacturing offense, and creating the class A misdemeanor digital-code offenses in § 265.10(11) and (12)

This content is compiled from primary statutory text published by the New York State Senate (New York Penal Law and General Business Law), official New York State sources including gunsafety.ny.gov, and federal court opinions and docket filings. It is for educational reference only and is not legal advice. These laws are subject to change and active litigation. Consult a licensed New York attorney for specific guidance.

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Federal context

Lautenberg Amendment - 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence (MCDV), meaning any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person, triggers a federal lifetime firearm-possession bar that is independent of state law. The Lautenberg disability applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. United States v. Rahimi (2024) confirmed the constitutionality of the related federal § 922(g)(8) domestic-violence restraining-order disability under the Bruen historical-tradition test.