New York Gun Laws: Licenses, Carry Rules, and Penalties

New York gun laws require a state-issued license before you can possess a handgun or a semiautomatic rifle, restrict where you can carry even with a valid permit, ban certain firearms and magazines outright, and treat unlicensed possession of a loaded handgun as a Class C violent felony. Nearly every step of buying, carrying, or transferring a firearm runs through a background check, a licensing officer, or both.

Who Qualifies for a Firearm License

Penal Law Section 400.00 sets the eligibility rules. You must be at least 21, though honorably discharged members of the U.S. military or New York National Guard are exempt from that age floor. You also need to be a legal resident of the state or maintain a principal place of business in it.¹

The statute demands “good moral character,” defined as the temperament and judgment to be trusted with a weapon without endangering yourself or others. Licensing officers evaluate that through background investigations, personal interviews, and character references, and different officers can weigh the standard differently.¹

Several categories of applicants are automatically disqualified:

Anyone with a felony conviction anywhere, or a “serious offense” as defined under New York law
Anyone involuntarily committed to a mental health facility under the Mental Hygiene Law
Anyone subject to an outstanding order of protection or an extreme risk protection order
Anyone whose prior firearm license was revoked or who is under a suspension or ineligibility order

These bars apply regardless of how long ago the disqualifying event occurred.¹

The License Types

New York does not issue one all-purpose gun license. Section 400.00 lists distinct categories, each with different privileges. A premises (dwelling) license lets you keep a handgun only at home. A premises (business) license lets a merchant or storekeeper keep one at their place of business. A concealed carry license lets you carry a concealed handgun without location restriction, subject to the sensitive-location and restricted-location laws below. A semiautomatic rifle license, required since September 2022, is a separate permit for buying or taking possession of any semiautomatic rifle.¹

The concealed carry license is the broadest and the hardest to get. Premises licenses are more common, particularly in New York City, where most applicants receive a premises-only license. Non-semiautomatic rifles and standard shotguns require no state-level permit, though New York City has its own separate rifle and shotgun permit run by the NYPD.

Applying for a Concealed Carry License

The concealed carry application is the most demanding path. You need documentation, training, and patience.

Character References

The statute requires at least four character references who can speak to your moral character and confirm you have made no statements or engaged in conduct suggesting you would harm yourself or others.¹ Most jurisdictions require that references be non-family members who have known you for a meaningful period, though the exact rules vary by county.

Mandatory Training

You must complete an in-person firearms safety course before a licensing officer will issue or renew a concealed carry license. The course has two parts: a minimum of 16 hours of classroom instruction covering firearm safety, conflict de-escalation, use of deadly force, suicide prevention, and New York’s sensitive-location laws, followed by a minimum of two hours of live-fire range training. Both portions must be taught by an instructor authorized by the Division of Criminal Justice Services. Training typically costs between $175 and $350.¹

Fees, Fingerprints, and Timeline

You will pay several fees. In New York City, the NYPD charges a $340 application fee for a handgun license plus an $88.25 fingerprinting fee.² Outside the city, fees vary by county but generally include the same $88.25 fingerprint charge along with local administrative costs. Combined with training, the total out-of-pocket cost often lands between $400 and $800 before you know whether you will be approved.

After fingerprinting, the licensing officer takes over. Outside New York City that is usually a county court judge; within the city it is the police commissioner. Expect a review period of roughly six months while investigators verify your background, contact your references, and possibly schedule an in-person interview. Some counties move faster; others take considerably longer.²

The Social Media Requirement Is Currently Enjoined

The Concealed Carry Improvement Act originally required applicants to disclose the account names for their social media presence over the past three years so licensing officers could review posts and online activity. The Second Circuit enjoined that requirement in Antonyuk v. James, finding it infringes Second Amendment rights and raises serious First Amendment concerns.³ The state cannot enforce it while litigation continues.

Semiautomatic Rifle Permits

Since September 2022, a separate license has been required to purchase or take possession of any semiautomatic rifle. You must be at least 21 to apply, and the application goes through the same licensing officer who handles handgun permits. A background check applies. There is no separate training mandate unless you are also applying for a concealed carry handgun license. The semiautomatic rifle license must be recertified every five years; missing that deadline is a violation punishable by a fine of up to $250.¹ Non-semiautomatic rifles and standard shotguns can still be purchased at age 18 without a state-level permit.

Banned Weapons, Magazines, and Ghost Guns

New York bans assault weapons under a definition combining action type with specific physical features. A semiautomatic rifle qualifies as an assault weapon if it accepts a detachable magazine and has even one listed feature, including a folding or telescoping stock, a pistol grip, a thumbhole stock, a bayonet mount, a flash suppressor, or a threaded barrel designed to accept one. Semiautomatic shotguns and pistols have their own feature lists.⁴ The definitions are technical, so if you are unsure whether a specific firearm qualifies, check the statutory language directly.

Possessing an assault weapon is criminal possession of a weapon in the third degree, a Class D felony with a maximum of seven years in prison.⁵ Owners who lawfully held an assault weapon before the SAFE Act had to register it; newly banned models cannot be sold in the state.

Magazine capacity is capped at 10 rounds. You may buy, sell, and possess any magazine holding up to 10 rounds, regardless of when it was made.⁶ Possessing a large-capacity feeding device, meaning anything designed to hold more than 10 rounds, is also a Class D felony under Section 265.02.⁵

Since 2022, New York has also banned the possession, sale, and manufacture of ghost guns, meaning firearms without serial numbers, including those assembled from unfinished frames or receiver kits. Possession can result in a Class E felony charge, and the component kits themselves cannot legally be sold.

Where You Can and Cannot Carry

A valid concealed carry license does not open the whole state to you. The Concealed Carry Improvement Act created two categories of off-limits areas, and carrying in either is a Class E felony with a maximum of four years in prison.⁷

Sensitive Locations

Section 265.01-e lists the sensitive locations. They include:

Government buildings and courts at every level
Healthcare and behavioral health facilities
Places of worship, with a narrow exception for designated security personnel
Public parks, playgrounds, libraries, and zoos
Schools, colleges, and universities of all types
Childcare programs, nursery schools, and summer camps
Homeless shelters, domestic violence shelters, and family shelters
Programs operated or funded by state agencies serving people with developmental disabilities, addiction, or mental health needs
Public transit systems, including subway stations and buses

The Second Circuit upheld nearly all of these designations. The exception is places of worship, where an injunction prevents enforcement for now.⁸⁹

Restricted Locations on Private Property

New York flips the default rule most states use for private property. Under Section 265.01-d, you may not carry a firearm onto private property unless the owner has affirmatively permitted it, through clear signage stating firearms are allowed or through express verbal consent.¹⁰ The absence of a “no guns” sign does not mean you are welcome. You need an affirmative “yes.” Violating this rule is also a Class E felony.

Safe Storage at Home and in Vehicles

Section 265.45 applies when you leave a firearm outside your immediate control and any of these conditions exist: you live with someone under 18, you live with someone you know is prohibited from possessing firearms, or you know a child under 16 is likely to gain access. In those situations, you must lock the firearm in a safe storage container or secure it with a gun locking device before leaving it unattended.¹¹

Vehicles have their own rule. If you leave a firearm in an unattended car, you must first unload the ammunition and lock the weapon in a secure container that is out of sight from outside the vehicle. A glove compartment does not count as an appropriate storage container. Violations of either rule are Class A misdemeanors.¹¹

Private Sales Must Go Through a Dealer

New York requires that all private firearm sales and transfers go through a licensed dealer. The dealer submits a request to the Division of State Police to run a national instant criminal background check before completing the transfer. The dealer can release the firearm once NICS issues a “proceed” response, or if 30 calendar days pass without a denial.¹² Skipping the dealer is illegal regardless of whether the buyer would have passed the check.

Extreme Risk Protection Orders

New York’s red flag law lives in Article 63-A of the Civil Practice Law and Rules. If a judge finds that someone poses a significant risk of harming themselves or others, the court can order that person to surrender all firearms to law enforcement.¹³ A temporary order can be issued the same day a petition is filed, and police will serve it and collect any firearms. The respondent then gets a hearing before a judge decides whether to impose a final order, which can last up to one year.¹⁴

Recertification Deadlines

New York firearm licenses are not permanent. Concealed carry permit holders must recertify every three years. Premises license holders and semiautomatic rifle license holders recertify every five years.¹⁵¹ Recertification is done online through the State Police portal. You will need your driver’s license or state ID number and an up-to-date inventory of your licensed pistols and revolvers, and you must affirm that you are not currently prohibited from possessing firearms. Missing the deadline does not automatically create a felony, but it is a violation with a fine of up to $250 for semiautomatic rifle licenses, and licensing officers will hold a lapse against you in future applications.

Penalties for Unlicensed Possession

This is where the law lands hardest. Possessing a loaded firearm without a valid license is criminal possession of a weapon in the second degree, a Class C violent felony with a mandatory minimum prison sentence and a maximum of 15 years.¹⁶ Prosecutors, particularly in New York City, do not tend to plead these cases down casually. Even possessing an unloaded handgun without a license can result in felony charges under other subsections.

Related offenses stack up quickly. Possessing an assault weapon or a large-capacity magazine is a Class D felony with up to seven years.⁵ Carrying a licensed firearm into a sensitive or restricted location is a Class E felony with up to four years.⁸ Out-of-state visitors who assume their home permit carries over often find out the hard way that it does not.

Who Is Exempt

Section 265.20 carves out exemptions for active law enforcement officers, peace officers, members of the military acting in official capacity, corrections personnel, and licensed dealers and manufacturers.¹⁷ People undergoing supervised live-fire training as part of the licensing process are temporarily exempt while on the range. Antique pistols made in or before 1898 with certain ignition systems fall under their own license category with fewer restrictions.¹ Everyone else, including retired law enforcement who have not maintained proper credentials, is subject to the full Penal Law.

1
New York State Senate. New York Code PEN 400.00 – Licensing and Other Provisions Relating to Firearms
2
NYPD Online License Application System. New Application Instructions
3
Justia Law. Antonyuk v James, No. 22-2908 (2d Cir. 2024)
4
New York State Senate. New York Code PEN 265.00 – Definitions
5
New York State Senate. New York Code PEN 265.02 – Criminal Possession of a Weapon in the Third Degree
6
New York State. Resources for Gun Owners
7
New York State Senate. Senate Bill S51001
8
New York State Senate. New York Code PEN 265.01-e – Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location
9
Office of the New York State Attorney General. Attorney General James Successfully Defends Gun Safety Regulations
10
New York State Senate. New York Code PEN 265.01-d – Criminal Possession of a Weapon in a Restricted Location
11
New York State Senate. New York Code PEN 265.45 – Safe Storage of Rifles, Shotguns and Firearms
12
New York State Senate. New York Code GBS 898 – Private Sale or Disposal of Firearms, Rifles and Shotguns
13
New York State Senate. New York Civil Practice Law and Rules Article 63-A – Extreme Risk Protection Orders
14
New York State Unified Court System. Basic Steps in an Extreme Risk Protection Order Case (ERPO)
15
New York State. Pistol Permit Recertification
16
New York State Senate. New York Code PEN 265.03 – Criminal Possession of a Weapon in the Second Degree
17
New York State Senate. New York Code PEN 265.20 – Exemptions