New York Gun Laws
Gun Laws Overview
RIFLES & SHOTGUNS | HANDGUNS | |
---|---|---|
Permit to Purchase | No* | Yes |
Registration of Firearms | No* | Yes |
Licensing of Owners | No* | Yes |
Permit to Carry | No* | Yes |
* Except in New York City. The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. RECIPROCITY NOTES: Michigan recognizes New York’s RESIDENT permit only. |
STATE STATUS | |
---|---|
Castle Doctrine | No Law |
No-Net Loss | No Legislation |
Right to Carry Confidentiality | Provisions Enacted |
Right to Carry in Restaurants | Legal |
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
Purchase
No permit is required for the purchase of a rifle or shotgun (except in New York City). A license to carry or possess a pistol or revolver is required to purchase a handgun. (See HANDGUNS- POSSESSION and CARRY.) Elsewhere than the City of New York, a person licensed to carry or possess a pistol or revolver may apply at any time to the licensing officer in the county of their residence for an amendment of his or her license to include one or more such handguns, or to remove a handgun held under the license. MORE |
Possession - Rifles and Shotguns
There is no state license requirement for the possession of a rifle or shotgun, so long as the rifle has barrel(s) at least 16 inches in length and the shotgun has barrel(s) at least 18 inches in length. MORE |
Possession - Handguns
A license is needed to possess a handgun. The application is made to the licensing officer of the city or county where the applicant resides, is principally employed, or where his principal place of business as a merchant or storekeeper is located. An alien may obtain a pistol license if he or she meets these requirements. NY Penal Law § 400(3). MORE |
Carry
New York State issues various types of handgun licenses under NY Penal Law § 400.00(2) (e.g., to have and possess in a dwelling by a householder; to have and possess in a place of business by a merchant). Not all license types allow unrestricted concealed carrying. The license must specify whether it is issued to carry on the person or possess on the premises, and if on the premises, it must specify the place where the licensee may possess the handgun. NY Penal Law § 400.00(7). An applicant for a license to carry outside the home must be required to show, in addition to the requirement for possession, that “proper cause” exists for the issuance of a carry license. MORE |
Antiques
The New York law's definition of a "firearm" does not include an antique firearm. NY Penal Law § 265.00(3). An "antique firearm" is defined as any unloaded muzzle-loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver that uses fixed cartridges that are no longer available in the ordinary channels of commercial trade. NY Penal Law § 265.00(14). A license is not required to possess, collect or carry an unloaded antique firearm. MORE |
Non-Residents
It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license. MORE |
Machine Guns
A machine gun is defined as any weapon from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger, and includes a submachine gun. MORE |
Assault Weapons and Magazines
It shall be unlawful to possess any “assault weapon” or “large capacity ammunition feeding device” except as permitted by the law. Residents of New York who lawfully owned an "assault weapon," as defined, prior to January 15, 2013 were required to either sell it or register it with the State Police before April 15, 2014. NY Penal Law § 400.00(16-a). Registration information includes the registrant's name, date of birth, gender, race, residential address, social security number and a description of each weapon being registered. MORE |
Range Protection
The owner of a shooting range may present an affirmative defense in any suit brought against it in which noise or noise pollution is claimed in the suit. NY Gen. Bus. Law § 150. MORE |
Miscellaneous Provisions
As part of the NY SAFE Act, NY Penal Law § 265.45 was added to require the owner or other custodian of a firearm to safely store the firearm when he or she “resides” with an individual who the owner-custodian knows or has reason to know is prohibited from possessing a firearm under the listed sections of federal law, 18 U.S.C. 922(g)(1), (4), (8), (9) (note that the state law limits the application of the misdemeanor domestic violence offense in subs.(g)(9)). "Safe storage" requires the use of an “appropriate safe storage depository” (a safe or other secure container which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access), or rendering the firearm incapable of being fired by use of a gun-locking device appropriate to that weapon. A failure to comply with this requirement is a class A misdemeanor. MORE |
Note
Unless otherwise noted, the word firearm in this digest is used in its general sense, as any rifle, shotgun, or handgun. However, readers of the New York law should be aware that the term “firearm” when it appears in the text of the statutes, means only handguns and other firearms of a size which may be concealed upon the person. |
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