New York City Profile
Wednesday, November 12, 2014
Gun Laws Overview
|RIFLES & SHOTGUNS||HANDGUNS|
|Permit to Purchase||Yes||Yes|
|Registration of Firearms||Yes||Yes|
|Licensing of Owners||Yes||Yes|
|Permit to Carry||Yes||Yes|
NOTE: Handgun licenses issued elsewhere in New York State are not valid in New York City.
The reader is strongly encouraged to read NY Penal Law section 400.00 on licensing first, and then New York City’s charter and administrative code. The administrative code is a state statute, passed by the State Legislature. The New York City police commissioner is the licensing authority for New York City and the licensing division of the New York City police department has issued regulations which apply to firearms in the city.
|Castle Doctrine||No Law|
|No-Net Loss||No Legislation|
|Right to Carry Confidentiality||No Provisions|
|Right to Carry in Restaurants||Complete Ban|
|Right To Carry Laws||Rights Restricted-Very Limited Issue|
|Right To Carry Reciprocity and Recognition||None|
|Right to Keep & Bear Arms State Constitutional Provisions||No Provisions|
Laws on Purchase, Possession and Carrying of Firearms
All Firearms - Purchase and Possession
Only a person age 21 or older can be granted a permit to purchase and possess a firearm. It is unlawful for any person to sell, offer for sale, or dispose of a firearm to any person under the age of 21 within the city of New York, unless such person is otherwise exempt by law.MORE
It is unlawful for any individual to knowingly possess a firearm in public, private or parochial schools of any level including day care, nursery or preschool level through high school and vocational schools. (NYC Charter Chapter 18-C Section 459) and NYS Penal Law Section 265.01 (3).The gun-free school zone (See NYC Charter Chapter 18-c section 460) includes in, on, or within any building, structure, athletic playing field, playground or school land or within one thousand feet of the real property boundary line compromising any such school. Exceptions include firearms possessed in the home or business of a licensed or permitted person.
Affirmative defenses to prosecution for carrying a firearm within the proximity of a gun-free school zone exist for a licensed or permitted individual possessing a firearm when the firearm is:
It is unlawful to knowingly or with reckless disregard for the safety of another, to discharge a firearm in a school zone. Affirmative defenses to prosecution exist for a licensed or permitted individual when discharged:
It is unlawful for any person who is the lawful owner or lawful custodian of any firearm to store, place or leave such firearm out of his or her immediate possession or control, without having rendered such weapon inoperable by employing a safety-locking device. The provisions of this section shall not apply to weapons owned or lawfully possessed by a police officer or a federal law enforcement officer.
It is unlawful for any person or business enterprise to sell any firearm, which does not contain a safety-locking device. A safety-locking device shall mean a design adaptation or attachable accessory that will prevent the use of the weapon by an unauthorized user. (10-311)
It shall be unlawful for any person, business, licensed manufacturer, licensed importer, or licensed dealer to sell, transfer, deliver or dispose of any firearm in the city of New York unless it is accompanied by the following warning, which shall be on a label affixed to the weapon and on a separate sheet of paper included within the firearm: “THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE WEAPON STORAGE. ALL WEAPONS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN AND ANY OTHER UNAUTHORIZED PERSONS.” (10-311)
Any person who applies for and obtains authorization to purchase a weapon or otherwise lawfully obtains a firearm weapon is required to purchase or obtain a safety-locking device at the time he or she obtains the firearm. Violations are subject to imprisonment and or fines.LESS
Handguns - Purchase and Possession
Approval from the Commissioner must be obtained for each handgun purchased under the license. A 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 under New York State law.MORE
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. Unless indicated otherwise, such licenses and permits shall expire on the first day of the second January after the date of issuance. Every license to carry or possess a pistol or revolver in the city may be issued for a term of no less than one year or more than three years.
There are different handgun licenses with different privileges granted under each. A license for a handgun shall be issued as a:
A license may be granted to an applicant who is of good moral character, who is over the age of 21 years, who has not been convicted of a serious offense, who states if and when he has ever been treated for mental illness, who is not subject to a protective court order and to whom no good cause exists for the denial of the license. The age requirement shall not apply to persons honorably discharged from the military. (SEE NY Penal Law Section 400.00).
To obtain a handgun license to possess in a household or place of business, no showing of need is required. The applicant must meet the eligibility requirements listed above. The application procedure is administered thru the pistol licensing division, and includes fingerprinting and the submission of 2 photos of the applicant taken within 30 days of the application date. Only a licensed handgun owner can legally possess handgun ammunition, provided it is in the caliber of the licensed handgun. (see 10-306 (g)).LESS
Handguns - Carrying
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.MORE
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 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 including transporting unloaded handguns and ammunition in separate locked containers, directly to and from an authorized range, or hunting location.
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, administered through the Pistol Licensing Division. A court will only overturn any decision granting or denying a concealed carry license if it can be shown that the Commissioner 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. The license must be exhibited on demand of any peace officer.LESS
Rifles and Shotguns - Purchase
The permit to possess a rifle or shotgun also serves as a permit to purchase a rifle or shotgun.MORE
No person lawfully in possession of a rifle or shotgun may dispose of it except to:
A non-resident of New York City who had 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 guns so purchased from New York City, and in the event it is necessary, the dealer is authorized to deliver the gun at a terminal to a representative of the railroad, airline or shipping company for placement aboard such train, plane or ship to have the gun and purchaser in same transportation. This exception does not include assault weapons.
There are three ways that a rifle or shotgun sale may be registered with the Firearms Control Section:
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 one copy will be retained by the seller and one copy by the purchaser or recipient. Both parties must have their registration certificates amended to show the transfer of the rifle or shotgun.LESS
Rifles and Shotguns - Possession
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 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.MORE
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:
Unless the Police Commissioner determines more time is needed for additional investigation, the Commissioner shall issue the permit or notify the applicant of the denial within 30 days. If additional investigation is needed, the Commissioner will notify the applicant no later than 60 days after the application date regarding the acceptance or denial of the permit application.
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 $55.00 fee.
The following persons may possess a rifle or shotgun without a permit:
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 less than 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 a magazine for the registered rifle or shotgun, provide it does not exceed five rounds capacity.LESS
Rifles and Shotguns - Carrying
It is unlawful for a person to carry a rifle or shotgun on 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 non-transparent 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.MORE
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 uses fixed cartridges, which are no longer available in the ordinary channels of commercial trade. This includes replicas. A license would be required to possess these handguns when the ammunition necessary to discharge them is possessed simultaneously.LESS
New York City has two definitions of firearm. The New York City Charter has a broader meaning of firearm to include any firearm (defined by the New York Administrative Code), rifle, shotgun, assault weapon, or machine gun. The New York City Administrative Code more narrowly defines firearm as any pistol or revolver, a shotgun having a barrel(s) less than eighteen inches in length, a rifle having a barrel(s) less than sixteen inches in length, or any weapon made from a shotgun or rifle with an overall length of less than 26 inches. Assault weapons (defined in the NYC Administrative code) are not considered firearms except as specifically provided, making this second definition different than the New York State Law.MORE
The definition of assault weapon includes semiautomatic center fire or rimfire rifle or semiautomatic shotgun, which has one or more of the following features:
In addition, the Commissioner shall, by rule, designate specific semiautomatic center fire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer’s name, as within the definition of assault weapon, if the Commissioner determines that such weapons are particularly suitable for military and not sporting purposes, which includes:
The definition of an assault weapon shall not include any rifle or shotgun modified to render it permanently inoperative.
It is unlawful for any person to possess or dispose of an assault weapon except for members of the military, persons employed with defense contracts for testing, and persons voluntarily surrendering an assault weapon to the Police Commissioner.
Ammunition feeding device means magazines, belts, feedstrips, drums or clips capable of being attached to or utilized with firearms, rifles, shotguns or assault weapons.
The presence of a rifle, or shotgun, or rifle or shotgun ammunition, in a vehicle, room, dwelling or structure, without a rifle and shotgun permit therefore and a certificate of registration therefore, or the presence of an assault weapon in a vehicle, room, dwelling or structure, shall be presumptive evidence of possession thereof by all persons occupying the vehicle, room, dwelling or structure at the time.
It is unlawful to alter, change, remove, disfigure, obliterate or deface the name of the make, model, manufacturer’s or serial number of a rifle, shotgun, handgun, or assault weapon.
Whenever the Mayor declares a state of emergency in New York City, the following activities are prohibited:
It is unlawful to fire or discharge any gun, pistol, rifle, fowling piece or other firearm in the City, except for certain premises designated by the Police Commissioner.
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.LESS
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