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 2025), the Second Circuit upheld most of the law, including the sensitive-location crime as a general matter. The place-of-worship restriction and the social-media-disclosure requirement are not enforced, and a federal district court struck the private-property default in Penal Law § 265.01-d. 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) (enforcement of this restriction is enjoined and not in effect; see the place-of-worship note below). Persons responsible for security at the place of worship are separately exempt
• 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 - Enforcement Enjoined

The statutory list includes places of worship (Penal Law § 265.01-e(2)(c)), but the criminal ban on carrying there is enjoined and not enforced. In Antonyuk v. James (2d Cir. Oct. 24, 2024, 120 F.4th 941, cert. denied 2025), the Second Circuit affirmed the district court injunction barring enforcement of the place-of-worship restriction. A license holder generally may carry in a place of worship. Two limits still apply: a place of worship is private property, and the operator may prohibit firearms through signage or under property law; and persons responsible for security at the place of worship are separately exempt in any event. The rest of Penal Law § 265.01-e remains operative and is criminally enforceable as a class E felony.

Adirondack and Catskill Parks

State-owned or managed lands classified as state forest preserve, and generally private lands within these parks, are not sensitive locations by virtue of being inside the 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

Under Penal Law § 265.01-d, the statute makes it a crime to possess a firearm, rifle, or shotgun on private property held open to the public when the person knows or reasonably should know that the owner or lessee has not permitted the possession. Permission must be given either by clear and conspicuous signage stating that carrying firearms, rifles, or shotguns is allowed, or by express consent. As written, the statute sets a default of "no carry" unless the owner posts a sign or gives consent, and a violation is charged as a class E felony.

Litigation status: This statutory default-no-carry rule is not firmly operative. A federal district court (United States District Court for the Western District of New York, Case 22-CV-695-JLS) held the § 265.01-d default unconstitutional, and its enforceability is unsettled on appeal. The New York State Police are not currently enforcing this provision with respect to private property held open to the public (source: gunsafety.ny.gov). Do not treat the § 265.01-d default as firmly in effect. At the same time, this does not mean you may carry freely on private property: a private owner may always bar firearms under property and trespass law, so the safe practice is to carry on private commercial property only where the owner permits.

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

• The original registration window for assault weapons lawfully possessed before April 15, 2014 has closed. There is no longer a path to register a newly acquired assault weapon.
• Owners of validly registered, grandfathered assault weapons must recertify every five years with the State Police.
• An assault weapon acquired after April 15, 2014 that was never validly registered cannot be cured by registration and is unlawful to possess in New York.

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's separate seven-round load limit (Penal Law § 265.37) remains in the statute books but was struck down as unconstitutional in New York State Rifle & Pistol Association v. Cuomo (2d Cir. 2015) and is not enforced. Lawful magazines may be loaded up to their 10-round capacity.
• 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 similar device is criminal possession of a rapid-fire modification device (Penal Law § 265.01-c), a class A misdemeanor
• Ammunition background checks - since 2023, a background check conducted through the State Police is required for ammunition purchases

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
• Manufacturing and selling ghost guns and unfinished frames or receivers are separate felony offenses under Article 265 of the Penal Law

"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

A 2022 amendment expanded New York's prohibited "body armor" restrictions beyond soft bullet-resistant vests to include hard body armor. Sale and purchase of covered body armor are limited to persons in certain eligible professions. Confirm the current statutory definition and the list of eligible professions before buying or selling body armor.

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 existing version of this guide cited Penal Law § 265.50 for safe storage. That is incorrect: § 265.50 covers undetectable firearms. The correct safe-storage statutes are Penal Law §§ 265.45 and 265.46.

• 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 must be recertified to the State Police every three years (Penal Law § 400.00(10)(d), added by the CCIA). Other pistol and revolver licenses follow the general recertification schedule in Penal Law § 400.00(10)(b). Failure to recertify acts as a revocation of the license
• 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 2025): 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). The court affirmed the injunction against the place-of-worship restriction, which is not enforced. The social-media-disclosure requirement in Penal Law § 400.00(1)(o)(iv) was struck down and is not enforced. The good-moral-character standard, the 18-hour training requirement, the in-person interview, and the reference requirements (other than social media) were upheld. The Penal Law § 265.01-d private-property default was held unconstitutional by a federal district court (WDNY) and its appellate status is unsettled; the State Police are not enforcing it as to property held open to the public
• 2024: United States v. Rahimi upheld the federal domestic-violence restraining-order firearm bar under the Bruen historical-tradition framework

This content is compiled from primary statutory text (New York Penal Law and General Business Law via FindLaw), official New York State sources including gunsafety.ny.gov and the Attorney General's office, and reported federal court decisions. 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.