NRA-ILANRA-ILA
Firearms
Laws For
As of November,
1998
New York City
A synopsis of state laws on purchase,
possession and carrying of firearms.
QUICK REFERENCE
CHART Permit to Purchase Registration of Firearms Licensing of Owners Permit to Carry
PURCHASE --
HANDGUNS Approval from the commissioner must be obtained for each
handgun purchased under the license. The license contains a
description of each handgun possessed by the license holder.
Additional handguns may be added by means of a Purchase
Authorization Coupon and an amendment to the license. It is unlawful for any person, business, licensed
manufacturer, licensed importer or licensed dealer, to sell,
transfer, deliver or dispose of any pistol without a safety
locking device. A pistol or revolver sold by a licensed
manufacturer, licensed importer or licensed dealer in the
city must have the following warning attached: THE USE OF A
LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF
RESPONSIBLE FIREARM STORAGE. FIREARMS SHOULD BE STORED
UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM
THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN AND OTHER
UNAUTHORIZED PERSONS.
POSSESSION --
HANDGUNS A license is required to possess a handgun for any
purpose. The Commissioner of the New York City Police
Department is the issuing authority for handgun
licenses. There are different handgun licenses with different
privileges granted under each. A license for a handgun shall
be issued to: (1) have and possess in a dwelling by a
householder; (2) have and possess in his place of business
by a merchant or storekeeper; (3) have and carry concealed
for employment purposes; (4) have and carry concealed,
without regard to employment or place of possession; (5)
possess a target handgun; and (6) have, possess, collect and
carry antique pistols. The applicant for a handgun license must: 1. Be of "good moral character." 2. Not have been convicted of a felony or a serious
offense. 3. Not have suffered from a mental illness or been
hospitalized for mental illness. 4. Be a person concerning whom "no good cause exists" for
the denial of the license. To obtain a handgun license to possess in a household or
place of business, or to possess a target pistol, no showing
of need is required. The applicant must meet the eligibility
requirements listed above. The application procedure
includes fingerprinting and the submission of 2 photos of
the applicant. The non-refundable application fee of all
licenses is $170.00 for the first two years. Licenses may
not be issued for more than 3 years and renewals are $170.00
for two years. Only a licensed handgun owner is allowed to possess
ammunition suitable for the licensed handgun and is allowed
to possess an ammunition feeding device for the licensed
handgun, but not to exceed 17 rounds capacity.
CARRYING--
HANDGUNS The license to possess a handgun is a license to carry
unless restricted, but almost all licenses are restricted.
If there are no restrictions the licensee may carry the
handgun concealed on or about his person, loaded or
unloaded. Handgun licenses issued elsewhere in New York State are
not valid in New York City. New York City licenses are valid
throughout New York State. However, a New York State license
to carry or possess will be valid in New York City in the
absence of a New York City license provided that the
handguns are transported by the licensee in a locked
container and the trip through New York City is continuous
and uninterrupted. A license to possess a handgun in one's household or
place of business or to possess a target handgun does not
authorize the licensee to carry a handgun on or about his
person except in the very limited circumstances outlined
above (under POSSESSION). Similarly, a target handgun
license does not grant the holder the right to keep a loaded
handgun in his home or place of business. To do so one must
have a license to have and possess either in one's dwelling
or one's place of business. A "target" license authorizes the holder to transport his
unloaded handgun to and from a shooting range or hunting
field in a locked container. An "on premises" license permits the holder to possess a
handgun in his home or place of business. The holder may
obtain 2 authorizations a year to transport his handgun(s);
unloaded and in a locked container, to and from an
authorized shooting range. To obtain a license to carry a concealed handgun the
applicant is required to show that "proper cause" exists for
the issuance of the license. The decision to issue or deny
this license is within the discretion of the commissioner
and his decision will only be overturned by a court if it
can be shown that he abused his discretion. A license may not be transferred. The license holder must
have the license in his possession while carrying a handgun,
and each person licensed to possess a handgun on his
premises is required to have a license on such premises. On
demand of any peace officer a license must be exhibited.
PURCHASE -- LONG
GUNS The permit to possess a rifle or shotgun also serves as a
permit to purchase a rifle or shotgun. No person lawfully in possession of a rifle or shotgun
may dispose of it except to: 1. A licensed dealer. 2. The holder of a valid rifle and shotgun permit. 3. An exempt person such as members of the military,
peace officers, and non-residents of New York City. A non-resident of New York City who has not been issued a
permit may purchase a rifle or shotgun from a licensed New
York City dealer provided that he subscribes and swears or
affirms to a written statement that he would not be
disqualified from purchasing a rifle or shotgun if he were a
city resident, that he is qualified to purchase a rifle or
shotgun in the place where he resides and can document that
he is a bona-fide resident of a jurisdiction outside New
York City. Non-resident purchasers have 24 hours to remove
any long arms so purchased from New York City, and in the
event the purchaser is traveling to another country the
dealer is authorized to deliver at a terminal to a
representative of the railroad, airline or shipping company
for placement aboard such train, plane or ship. There are 3 ways that a rifle or shotgun sale may be
registered with the Firearms Control Section: 1. The New York City dealer who makes the sale is
required to register the sale. 2. The permit holder is required to register his purchase
when he buys from a dealer outside the city. 3. In a sale between permit holders the parties involved
are required to register. Where the sale is made by a city dealer, the dealer
issues a certificate of registration to the buyer and sends
a copy to the Firearms Control Section. In all other
dispositions the Firearms Control Section issues the
certificate of registration. The disposing of the rifle or
shotgun must be recorded on forms supplied by the Firearms
Control Section. The original copy must be sent to the
Firearms Control Section within 72 hours of the purchase or
acquisition, and 1 copy will be retained by the seller and 1
copy by the purchaser or recipient. Both parties must have
their registration certificates amended to show the addition
of the rifle or shotgun.
POSSESSION -- LONG
GUNS A permit issued by the Firearms Control Section of the
Police Department's License Division is required to possess
a rifle or shotgun in New York City. The applicant must
submit 4 photos taken within 30 days of application, be
fingerprinted, and submit 2 affidavits from persons setting
forth his good character. The fee for a rifle and shotgun
permit and renewal is $55. The permit is valid for 3 years
and is subject to automatic renewal, upon sworn application,
and without investigation, unless the Police Commissioner
has reason to believe that the status of the applicant has
changed since the previous application. It is unlawful for a person to possess a rifle or shotgun
unless he is the holder of a permit as well as a certificate
of registration, issued by the Firearms Control Section of
the Police Department's License Division for each rifle or
shotgun. There is no fee for the certificate of
registration; the board keeps a file of all current and past
holders of permits and certificates of registration. The following persons may not obtain a permit to possess
a rifle or shotgun: 1. Persons under 18 2 . Convicted felons or those convicted of certain
misdemeanors unless a certificate of good conduct has been
obtained. 3. Persons not of good moral character. 4. Persons who have suffered any mental illness or been
confined to any hospital or institution, public or private,
for mental illness. 5. Persons not now free from any mental disorders,
defects or diseases that would impair the ability to safely
posses or use a rifle or shotgun. 6. Persons for which just cause exists for the denial of
the permit. No later than 30 days from the submission of the
application, unless the police commissioner determines more
time is needed for an investigation and then it shall not
exceed 60 days, the Commissioner shall issue the permit or
shall notify the applicant of the denial of the application
and the reason or reasons. If an application for a permit is denied, the applicant
can submit an appeal to the Police Department's License
Division. A further appeal can be submitted to the
Commanding Officer of the License Division. Any person holding a valid license to carry a concealed
weapon in accordance with the provisions of the New York
Penal Law will be issued a shotgun or the rifle permit upon
application and payment of the $55 fee. The following persons may possess rifles and shotguns
without a permit or certificate: 1. Persons under 18 when in the actual presence or under
the direct supervision of an adult who possess a permit. 2. Persons in military service. 3. Peace officers. 4. Non-residents in transit. 5. Members of an accredited civilian rifle club who were
given rifles obtained through the DCM. 6. Members of a rifle team representing an educational
institution. 7. Persons transporting rifles and shotguns as
merchandise. 8. Persons who possess antique rifles and shotguns,
defined as those manufactured prior to 1894 and replicas
which are not designed to fire fixed ammunition, or for
which fixed ammunition is not commercially available. 9. Inheritance whether by testamentary bequest or by the
laws of intestacy, except that the person who receives or
acquires said rifle or shotgun is subject to obtaining a
permit as well as a certificate of registration. If the heir
or legatee of the owner of such a rifle or shotgun does not
qualify to possess the rifle or shotgun, the rifle or
shotgun may be possessed by the heir or legatee for the
purpose of sale for a period not exceeding 180 days or
further limited period beyond the 180 days as may be
approved by the commissioner, extensions in no event to
exceed a total of 90 days. Any New York City resident acquiring a rifle or shotgun
outside the city shall make application for a permit and
certificate of registration within 72 hours after bringing
such weapon into the city. Pending the issuance of such
permit and/or certificate the rifle or shotgun must be
deposited at the nearest police precinct. Non-residents in transit who are carrying rifles and
shotguns with them are exempt from the permit and
registration requirements provided they remain In New York
City for only 24 hours and the rifles and shotguns are at
all times unloaded and in a closed case, or in a locked
automobile trunk. Only a rifle or shotgun owner with a permit is allowed to
possess ammunition suitable for the registered rifle or
shotgun and is allowed to possess an ammunition feeding
device for the registered rifle or shotgun, but not to
exceed 5 rounds capacity.
CARRYING -- LONG
GUNS It is unlawful for a person to carry a rifle or shotgun
on or about his person or in a vehicle without a permit and
certificate of registration for such rifle or shotgun. A
rifle or shotgun carried in a vehicle must be unloaded and
not readily accessible. Rifles and shotguns carried in an
automobile trunk need not be cased, but they must be
unloaded. It is unlawful to possess or carry a loaded rifle or
shotgun in public. Unloaded shotguns or rifles carried or
possessed in public must be completely enclosed or contained
in a nontransparent carrying case.
ANTIQUES AND
REPLICAS Exempt from permit and certificate of registration
requirements are antique rifles and shotguns incapable of
being fired or discharged or which do not fire fixed
ammunition or those weapons manufactured prior to 1894 and
replicas for which fixed ammunition is not commercially
available. Also exempt is "any unloaded muzzle loading pistol or
revolver with a matchlock, flintlock, percussion cap, or
similar type of ignition system, or a pistol or revolver
which used fixed cartridges which are no longer available in
the ordinary channels of commercial trade." This includes
replicas. NOTE: A license would be required to possess these
handguns when the ammunition necessary to discharge them is
possessed simultaneously.
MISCELLANEOUS It is unlawful to fire or discharge any gun, pistol,
rifle, firing piece or other firearm in the city, except for
certain premises designated by the Police. Non-residents of New York City may apply for a rifle or
shotgun permit subject to the same conditions, regulations,
and requirements as residents of New York City. It is unlawful to possess or dispose of an "assault
weapon," which is defined as any semiautomatic rifle or
shotgun which has one or more of the following features:
folding or telescopic stock or no stock, conspicuously
protruding pistol grip, bayonet mount, flash suppressor or
threaded barrel designed to accommodate a flash suppressor,
barrel shroud, grenade launcher, or modification of such
features, or other features determined by the police
commissioner to be suitable for military and not sporting
purposes. The commissioner shall by rule designate specific
semiautomatic rifles or shotguns as "assault weapons."
"Assault weapon" also includes any revolving shotgun or part
intended to convert a rifle or shotgun into an "assault
weapon." "Assault weapon" shall not include any rifle or
shotgun modified to render it permanently inoperative. It is unlawful to alter, change, remove, disfigure,
obliterate or deface the name of the maker, model,
manufacturer's or serial number of a rifle, shotgun or
assault weapon.
SOURCES: New York City Administrative Code sec.10-131, sec.10301,
ET.SEQ.