Are Guns Banned in New York? Bans, Licensing, and Penalties

Guns are not banned in New York, but the state runs one of the most restrictive firearm regimes in the country. Qualified residents can legally own handguns, rifles, and shotguns after clearing a licensing process, a background check, and, for concealed carry, mandatory training. What the state does ban outright is a defined category of “assault weapons,” silencers, ghost guns, and magazines that hold more than ten rounds. So the answer to whether guns are banned in New York is no, but the follow-up matters: certain firearms are banned, certain people are barred from owning any firearm, and even a lawful owner faces detailed rules about where the gun can go and how it must be stored.

Which Firearms Are Actually Banned

New York prohibits an entire class of firearms it defines as assault weapons. Under Penal Law § 265.00, a semi-automatic rifle with a detachable magazine counts as an assault weapon if it has even one additional feature from a specific list: a folding or telescoping stock, a thumbhole stock, a protruding grip for the non-trigger hand, a pistol grip, a bayonet mount, a flash suppressor or muzzle brake, or a grenade launcher.1New York State Senate. New York Penal Code 265.00 – Definitions Semi-automatic shotguns and pistols have parallel feature lists that trigger the same ban. A weapon that looks common can cross into prohibited territory with a single tactical accessory.

Possessing an assault weapon is criminal possession of a weapon in the third degree, a Class D felony punishable by up to seven years in prison.2New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree

Silencers are completely banned regardless of federal NFA registration. Ghost guns, meaning unserialized firearms or unfinished frames and receivers without manufacturer markings, are also prohibited; possession without a gunsmith or dealer license is a Class A misdemeanor carrying up to one year in jail.3New York State Senate. New York Penal Code 265.01 – Criminal Possession of a Weapon in the Fourth Degree Machine guns fall under the federal 1986 civilian transfer ban, and New York’s assault weapon statute layers on top of that.4Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act

Magazine and Ammunition Limits

The magazine cap is ten rounds. Any magazine, drum, belt, or feeding device that holds more than ten rounds, or can be readily converted to hold more, qualifies as a “large capacity ammunition feeding device” under Penal Law § 265.00(23).1New York State Senate. New York Penal Code 265.00 – Definitions Possession is a Class A misdemeanor under § 265.36.5New York State Senate. New York Penal Law 265.36 – Unlawful Possession of a Large Capacity Ammunition Feeding Device If you’re driving in from a state that permits 15- or 30-round magazines, they cannot come with you.

Ammunition itself now requires a background check at the point of sale. A dealer cannot transfer ammunition to a buyer who hasn’t first passed one. The narrow exceptions are sales between licensed dealers and ammunition for immediate on-site use at a range or trap shoot.6New York State. Ammunition Registration The requirement applies to every caliber.

Who Is Barred From Owning a Firearm

Even for weapons that are perfectly legal, New York bars a broad set of people from possessing any firearm. Penal Law § 400.00 lists the disqualifiers. A felony conviction anywhere in the country is a permanent bar. A conviction for a “serious offense,” which includes certain misdemeanors like stalking and domestic violence charges, also disqualifies an applicant.7New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms

Other bars include involuntary commitment to a mental health facility, a court finding that the person lacks capacity to manage their own affairs, fugitive status, a dishonorable discharge, an active order of protection, and unlawful use of controlled substances.7New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms

New York also has an extreme risk protection order statute. Under Article 63-A of the Civil Practice Law and Rules, a court can temporarily prohibit a person from purchasing or possessing firearms if evidence shows a risk of harm to themselves or others.8New York State Senate. New York Civil Practice Law and Rules Article 63-A – Extreme Risk Protection Orders Federal law adds the Lautenberg Amendment, which permanently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, regardless of state law.9U.S. Marshals Service. Lautenberg Amendment

How to Legally Own a Gun in New York

Handgun ownership requires a state license. Since the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, New York operates as a “shall-issue” state: if you meet the objective criteria, the license must be granted. The criteria are extensive.

Every handgun applicant must supply at least four character references who can vouch for both moral character and the absence of behavior suggesting a risk of harm.7New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms Concealed carry applicants must complete 16 hours of in-person classroom instruction and two hours of live-fire training, covering safe handling and the legal boundaries of using a firearm in public.10New York State. Frequently Asked Questions – New Concealed Carry Law A full background check completes the process.

Traditional long guns like hunting rifles and standard shotguns do not require a state-level permit for purchase in most of New York. New York City is the exception; rifles and shotguns need a separate city-issued permit within the five boroughs, with its own application and fees. For handguns, the NYC application fee is $340 for a three-year license, with fingerprinting costs additional.11NYPD License Division. New Application Instructions

Keeping the license valid is ongoing. Renewals must be filed on time, and if a firearm is lost or stolen, you must report it to police within 24 hours. Failing to report is a Class A misdemeanor.12New York State Senate. New York Penal Code 400.10 – Report of Theft or Loss of a Firearm, Rifle or Shotgun

A note on out-of-state licenses: New York does not recognize them. A concealed carry permit from another state gives you no authority to carry in New York, and possessing a loaded handgun here without a New York license is a violent felony.

Where You Cannot Carry Even With a License

A valid concealed carry license does not open every door. Under Penal Law § 265.01-e, a long list of “sensitive locations” is off-limits, and carrying there is a Class E felony with up to four years in prison.13New York State Senate. New York Penal Law 265.01-e – Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location The list includes:

  • Nursery schools, preschools, summer camps, K-12 schools, colleges, and universities
  • Any building used for government administration, including courthouses and polling places
  • Libraries, public playgrounds, public parks, and zoos
  • Times Square, as delineated by New York City and marked with posted signage

New York also flips the private property default that gun owners from other states expect. Under Penal Law § 265.01-d, you cannot carry a firearm onto private property unless the owner has posted signage saying firearms are welcome or has given you express permission.14New York State Senate. New York Penal Code 265.01-d – Criminal Possession of a Weapon in a Restricted Location In most states, private property is open to carry unless posted otherwise. New York reverses the presumption entirely.

Federal facilities within the state carry their own bars. Post offices and federal courthouses prohibit firearms under 18 U.S.C. § 930, with up to one year in prison for simple possession.15United States Postal Service. Possession of Firearms and Other Dangerous Weapons on Postal Service Property National parks in New York follow state possession rules, but firearms remain prohibited inside park buildings like visitor centers and ranger stations.16National Park Service. Firearms Regulations in the Park

Storage and Transport Rules That Catch People Off Guard

Two storage rules quietly convert routine habits into misdemeanors. If you live with anyone under 18 or anyone you know is prohibited from possessing firearms, you must lock your guns in a safe storage container or render them inoperable with a gun lock whenever they are not in your immediate possession or control.17New York State Senate. New York Penal Code 265.45 – Safe Storage of Rifles, Shotguns, and Firearms “Immediate possession or control” means on your person or within arm’s reach. A gun in a bedroom closet while you’re in the kitchen doesn’t qualify.

Any firearm left in a vehicle must be unloaded, locked in a secure container, and hidden from view. A glove compartment is not a safe storage container under the statute.17New York State Senate. New York Penal Code 265.45 – Safe Storage of Rifles, Shotguns, and Firearms Either storage violation is a Class A misdemeanor with up to a year in jail.

Travelers passing through the state have a narrow federal safe harbor. Under 18 U.S.C. § 926A, you can transport a firearm through any state if you can legally possess it at both your origin and destination, the gun is unloaded, and neither the firearm nor ammunition is readily accessible from the passenger compartment. In vehicles without a separate trunk, the firearm must be in a locked container other than the glove compartment or console.18Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms The protection covers continuous travel, not extended stays; any stop beyond refueling, or a firearm even slightly accessible, opens the door to a state charge.

Penalties for Getting It Wrong

The gap between what people expect and what New York actually charges is where the real risk lives. Possessing a loaded handgun without a New York license is not a misdemeanor. It is criminal possession of a weapon in the second degree, a Class C violent felony carrying up to 15 years in prison.19New York State Senate. New York Penal Code 265.03 – Criminal Possession of a Weapon in the Second Degree Visitors from more permissive states are the people who most often walk into this charge, frequently without realizing they needed a New York-specific license.

Other exposures scale with the offense:

Because New York treats unlicensed handgun possession as a violent felony, mandatory minimums can apply and plea options narrow considerably. A firearm legally purchased and carried in Pennsylvania or Virginia becomes the basis for a serious felony the moment it crosses into New York without a New York license.