Gun Laws in New York: Licenses, Restrictions, and Penalties

Gun laws in New York are among the strictest in the country: you need a state-issued license to possess a handgun at all, entire categories of semi-automatic rifles are banned, magazines over ten rounds are illegal, and carrying a loaded handgun without a New York license is a violent felony carrying a mandatory minimum of 3.5 years in prison. Out-of-state concealed carry permits are not recognized. What follows is what you actually need to know before buying, carrying, storing, or traveling with a firearm in the state.

You Need a License to Possess a Handgun

Under Penal Law § 400.00, no civilian may possess a handgun in New York without a state-issued pistol or revolver license.¹ There is no grace period and no exception for keeping a pistol at home while you figure out the paperwork. Possession without a license is a serious felony, covered further down.

Rifles and shotguns are regulated separately and generally do not require a state license to own, though New York City imposes its own permit scheme and federal rules still apply to every buyer.

Types of Pistol and Revolver Licenses

The license you hold controls what you can actually do with a handgun. The main categories:

Premises license. Limits you to keeping a handgun at a specific address, usually your home or business. You can transport it unloaded and locked to an authorized range or hunting location, but you cannot carry it in public.
Concealed carry license. Permits carrying a handgun concealed on your person. Subject to the most intensive application requirements, including a 16-hour training course and character references.
Carry business license. Authorizes concealed carry tied to a specific business. Not transferable to another person, occupation, or address without written approval from the licensing authority.
Carry guard license. Issued to licensed security guards for carry only while actively employed and in direct transit between home and work.

Outside New York City, counties issue their own variants, but these categories cover most civilian situations.

How to Apply for a License

Applications go to your local licensing officer, typically the county sheriff or, in cities, the police commissioner. In New York City, applications go through the NYPD License Division. The core form is the PPB-3, available through the New York State Police website or your county clerk.² It asks for detailed employment and residential history and specific disclosures about mental health treatment.

For a concealed carry license you must also provide at least four character references who can speak to your moral character and confirm you have not made statements or engaged in conduct suggesting a risk of harm.¹ The statute does not bar relatives, but most local licensing authorities, including New York City, prohibit references related by blood or marriage. Check your county’s instructions.

Concealed carry applicants must complete a firearms safety course: 16 hours of classroom instruction plus a 2-hour live-fire session, taught by an instructor authorized by the state Division of Criminal Justice Services.³ The classroom portion covers state firearm laws, conflict de-escalation, and safe handling. You submit the certificate with your application.

Fingerprinting is mandatory, usually through IdentoGO or a similar vendor. Combined fingerprinting and background check fees typically run $100 to $200 and are nonrefundable whether you are approved or denied. Prints are run through both the state Division of Criminal Justice Services and the FBI. Concealed carry applicants also sit for an in-person interview with the licensing officer.

The licensing officer must act on your application within six months, and any delay must be explained to you in writing with specific reasons.¹ A denial must also come in writing with reasons, and you can appeal through the state court system within a limited window.

One note on a widely reported requirement: the 2022 Concealed Carry Improvement Act originally demanded disclosure of three years of social media accounts. That provision has been permanently enjoined through a court settlement, and the state has agreed not to enforce it. You should not be asked for social media information.

Assault Weapon and Feature Restrictions

New York bans civilian possession of firearms classified as “assault weapons” under Penal Law § 265.00(22). The state uses a one-feature test: a semi-automatic rifle that can accept a detachable magazine qualifies as an assault weapon if it has even one prohibited feature.⁴ Prohibited rifle features include:

A folding or telescoping stock
A pistol grip protruding conspicuously below the action
A thumbhole stock
A second handgrip or protruding grip for the non-trigger hand
A bayonet mount
A flash suppressor, muzzle brake, or threaded barrel designed to accept one
A grenade launcher

Semi-automatic shotguns and pistols have their own feature lists. A semi-automatic pistol that can accept a detachable magazine outside the pistol grip, for example, is classified as an assault weapon regardless of other features.

Owners who legally possessed assault weapons before January 15, 2013, when the SAFE Act took effect, could register them with the state. Registered weapons can be kept but cannot be sold or transferred to anyone within New York. That narrow grandfathering is the only exception; there is no general “pre-ban” exemption.

Magazine Capacity and Loading Limits

Separate from the assault weapon ban, New York prohibits possession of any magazine, belt, drum, or similar device capable of holding more than ten rounds.⁴ The only exceptions are tubular devices designed exclusively for .22 caliber rimfire ammunition and magazines qualifying as registered curios or relics (manufactured at least 50 years ago and registered with the State Police).

Penal Law § 265.37 adds a separate restriction on how many rounds you can actually load. Possessing a feeding device with more than seven rounds carries a graduated penalty structure:⁵

At home, first offense: a violation with a $200 fine.
At home, repeat offense: a class B misdemeanor with a $200 fine and up to three months in jail.
Outside the home, first offense: a class B misdemeanor with a $200 fine and up to six months in jail.
Outside the home, repeat offense: a class A misdemeanor.

The seven-round loading limit has faced ongoing legal challenges, and courts have at times blocked its enforcement. The ten-round capacity ban has been upheld. The safest approach is to avoid any magazine capable of holding more than ten rounds and to stay current on court rulings affecting the loading limit.

Where You Cannot Carry, Even With a License

A valid concealed carry license does not let you bring a firearm into locations the state designates as “sensitive.” Under Penal Law § 265.01-e, these include government buildings, courthouses, schools and universities, healthcare facilities, places of worship, public parks, playgrounds, libraries, and public transit systems, among others.⁶ Carrying in a sensitive location is a class E felony, punishable by up to four years in prison.⁷ Your license provides no defense. Some designations surprise people. Times Square is one of them.

Private property is a separate trap. Penal Law § 265.01-d presumes all private property is off-limits to firearm carry unless the owner affirmatively permits it, either through posted signage welcoming firearms or express verbal consent.⁸ If you are not sure whether permission has been given, the legal answer is to leave the firearm behind.

Ammunition Purchase Rules

Every ammunition purchase in New York requires a background check. Executive Law § 228 designates the State Police as the point of contact, and licensed dealers must record the purchaser’s name, address, and the date of every transaction.⁹ Most transactions include a small administrative fee.

You cannot have ammunition shipped directly to your home. Online orders must go to a licensed dealer or gunsmith in New York, who completes the transfer in person after verifying your identification. Dealers typically charge $10 to $25 for handling the transfer.

Safe Storage and Vehicle Transport

Penal Law § 265.45 requires safe storage whenever you live with a person under 18, someone subject to an extreme risk protection order, or someone prohibited from possessing firearms due to a felony or serious offense conviction.¹⁰ Note that this applies even if you are not the person subject to the order; if someone in your household becomes subject to one, your firearms must be locked up.

The same statute governs leaving firearms in vehicles. An unattended firearm in a car must be unloaded and locked in a secure storage container that is not visible from outside the vehicle. A glove compartment does not qualify. The container must be fire-resistant, impact-resistant, and tamper-resistant, lockable by key, keypad, or combination. Ammunition should be removed from the firearm during transport. Tucking a handgun under the seat or in a center console will get you charged.

Penalties for Unlicensed Handgun Possession

This is where New York hits hardest. Possessing a loaded handgun without a valid New York license is criminal possession of a weapon in the second degree under Penal Law § 265.03, a class C violent felony.¹¹ The mandatory minimum is 3.5 years in prison. Judges cannot go below it.

Intent does not matter. You do not need to be doing anything threatening. Carrying a loaded handgun on your person, in your car, or in your bag without a New York license is enough. A concealed carry permit from another state provides zero protection. People flying into New York airports with legally owned handguns from their home states have been arrested and charged with this felony. Possessing five or more firearms also triggers this charge.

Federal Prohibitions That Also Apply

Federal law adds its own layer on top of state rules. Under 18 U.S.C. § 922(g), the following categories of people are prohibited from possessing any firearm or ammunition:¹²

Anyone convicted of a crime punishable by more than one year in prison
Fugitives from justice
Unlawful users of or persons addicted to controlled substances
Anyone adjudicated as mentally defective or committed to a mental institution
Undocumented immigrants and most nonimmigrant visa holders
Anyone dishonorably discharged from the armed forces
Former U.S. citizens who have renounced their citizenship
Anyone subject to certain domestic violence restraining orders
Anyone convicted of a misdemeanor crime of domestic violence

Violating federal prohibitions carries up to 15 years in federal prison under 18 U.S.C. § 924(a)(8).¹³ Three or more prior convictions for violent felonies or serious drug crimes trigger a 15-year mandatory minimum under the Armed Career Criminal Act.

Marijuana Changes Nothing at the Federal Level

Although New York legalized recreational marijuana, cannabis remains a Schedule I controlled substance under federal law. That makes any marijuana user, recreational or medical, an “unlawful user of a controlled substance” under 18 U.S.C. § 922(g)(3), and therefore federally prohibited from possessing firearms or ammunition.¹² When buying from a licensed dealer, you must complete ATF Form 4473, which asks whether you are an unlawful user of marijuana or any other controlled substance. Answering “no” while being a user is a separate federal crime. Under current federal law, you cannot legally use marijuana and possess firearms at the same time.

Driving Through New York With a Firearm

The federal Firearm Owners’ Protection Act (FOPA) provides a safe passage provision under 18 U.S.C. § 926A.¹⁴ If you can legally possess a firearm at both your starting point and your destination, you can transport it through New York, provided the firearm is unloaded and neither the gun nor ammunition is readily accessible from the passenger compartment. In a vehicle without a separate trunk, both must be in a locked container, not a glove compartment or console.

FOPA is narrower than many people assume. It covers reasonably direct travel, not extended stops. Overnight hotel stays, sightseeing days, or unnecessary stops can take you outside its protection. FOPA also functions as a legal defense you raise in court; it does not prevent an initial arrest. Keep the trip direct and carry documentation of your travel plans.

Keeping Your License Current

A pistol license is not a one-time event. Licenses issued after January 15, 2013 must be recertified every five years, and holders of older licenses were also required to recertify under the SAFE Act. Recertification requires confirming your name, address, date of birth, and providing an updated list of all handguns you own, including make, model, and serial numbers. You can recertify online through the State Police firearms portal or by mail.

Failing to recertify results in automatic license revocation and mandatory surrender of your firearms. There is no reliable reminder system. Track the deadline yourself.

1
New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms
2
Gun Safety. Forms
3
Gun Safety in New York State. Frequently Asked Questions – New Concealed Carry Law
4
New York State Senate. New York Penal Code PEN 265.00 – Definitions
5
New York State Senate. New York Penal Code 265.37 – Unlawful Possession of Certain Ammunition Feeding Devices
6
New York State Senate. New York Penal Code 265.01-e – Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location
7
New York State Senate. New York Penal Code 70.00 – Sentence of Imprisonment for Felony
8
New York State Senate. New York Penal Code 265.01-d – Criminal Possession of a Weapon in a Restricted Location
9
New York State Senate. New York Executive Code 228 – National Instant Criminal Background Checks
10
New York State Senate. New York Penal Code 265.45 – Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree
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New York State Senate. New York Penal Code 265.03 – Criminal Possession of a Weapon in the Second Degree
12
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
13
Office of the Law Revision Counsel. 18 USC 924 – Penalties
14
Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms