New York gun laws require a license to possess any handgun, ban civilian ownership of assault weapons and magazines holding more than ten rounds, prohibit firearms in a long list of sensitive locations even for licensed carriers, and treat unlicensed handgun possession as a felony. The state does not recognize concealed carry permits from any other state. The current framework comes from the 2013 SAFE Act and the 2022 Concealed Carry Improvement Act, which the legislature passed after the Supreme Court struck down New York’s old “proper cause” standard in New York State Rifle & Pistol Association, Inc. v. Bruen.
Who Can Own and Carry a Handgun
Every handgun in New York requires a license, and under the SAFE Act so does every semiautomatic rifle. Penal Law 400.00 sets the baseline: applicants must be at least 21 (honorably discharged veterans are excepted), show “good moral character,” and pass a background investigation.1New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms Good moral character means having the temperament and judgment to be trusted with a weapon without endangering yourself or others, and the licensing officer weighs criminal history, mental health records, domestic violence history, and outstanding warrants.
Several categories of people are automatically disqualified: anyone with a felony or serious offense conviction, anyone involuntarily committed to a mental health facility, anyone subject to an active extreme risk protection order, anyone dishonorably discharged from the military, and unlawful users of controlled substances.1New 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 with a certified instructor, covering firearm safety, conflict de-escalation, and the legal standards for using deadly force. The application also requires at least four non-relative character references.1New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms
The CCIA originally required applicants to turn over three years of social media accounts. That provision was challenged in court, and as of early 2026 New York agreed to stop enforcing it as part of a settlement. The requirement still appears in the statute text but is no longer applied.
Residents of the five boroughs apply through the NYPD’s online licensing portal. Everyone else applies through their county’s licensing authority, which is typically the county judge, sheriff, or clerk. Licensing officers have six months to process an application under Penal Law 400.00(4-a).1New York State Senate. New York Penal Code 400.00 – Licensing and Other Provisions Relating to Firearms Concealed carry licenses must be recertified with the State Police every three years.2Gun Safety. Pistol Permit Recertification
Where You Cannot Carry
A valid New York license is not a passport to carry anywhere. The CCIA designates a long list of “sensitive locations” under Penal Law 265.01-e where firearms are banned regardless of licensure, and carrying in one is a Class E felony punishable by up to four years in prison.3New York State Senate. New York Penal Code 70.00 – Sentence of Imprisonment for Felony The sensitive locations include:
- Federal, state, and local government buildings, including courthouses
- Nursery schools, preschools, K-12 schools, colleges, universities, and summer camps
- Hospitals, behavioral health providers, substance abuse treatment centers, and developmental disability facilities
- Parks, playgrounds, zoos, and libraries
- All public transportation vehicles and facilities
- Theaters, stadiums, museums, amusement parks, concert halls, conference centers, and gaming facilities
- Bars and restaurants that serve alcohol, and licensed cannabis consumption locations
- Homeless, family, and domestic violence shelters
- Any gathering where people are collectively exercising the right to assemble, including protests and rallies
- Polling places during elections
- Times Square within boundaries set by New York City
Houses of worship were originally on the sensitive locations list, but the Second Circuit Court of Appeals blocked that provision. Religious institutions now decide for themselves whether to allow firearms on their property.
The Private Property Default
The CCIA also made private property a “restricted location” under Penal Law 265.01-d. You cannot bring a firearm onto private property unless the owner has posted clear signage specifically permitting firearms or has given you express verbal consent.5New York State Senate. New York Penal Code 265.01-D – Criminal Possession of a Weapon in a Restricted Location Walking into a store, restaurant, or office with no posted signage means the legal presumption is that your firearm is not permitted. Violation is a Class E felony.
A court order has partially enjoined this provision. As of 2026, the State Police are not enforcing it against people carrying on private property held open to the public, but the law remains on the books and enforcement could resume.4Gun Safety. Frequently Asked Questions – New Concealed Carry Law
What’s Banned Outright
The SAFE Act bans assault weapons for civilian ownership. Under Penal Law 265.00(22), a semiautomatic rifle that accepts a detachable magazine counts as an assault weapon if it has even one prohibited feature, such as a folding or telescoping stock, a protruding pistol grip, a thumbhole stock, a bayonet mount, a flash suppressor, or a muzzle brake. A similar one-feature test applies to semiautomatic pistols and shotguns, and revolving-cylinder shotguns are banned outright.6New York State Senate. New York Penal Code 265.00 – Definitions Possessing an assault weapon is a Class D felony, carrying up to seven years in state prison.3New York State Senate. New York Penal Code 70.00 – Sentence of Imprisonment for Felony Weapons lawfully owned before the SAFE Act took effect in 2013 could be registered with the state to remain legal; unregistered pre-ban weapons have no safe harbor.
Suppressors and short-barreled rifles are banned entirely for civilian possession under Penal Law 265, regardless of whether you hold a federal ATF tax stamp. There are no exceptions for hunting or recreational shooting.
Ghost guns, meaning firearms without serial numbers, are illegal. Possessing a ghost gun is a Class A misdemeanor under Penal Law 265.01(9), carrying up to a year in jail, and the same penalty applies to possessing an unserialized frame or receiver.7New York State Senate. New York Penal Code 265.01 – Criminal Possession of a Weapon in the Fourth Degree A licensed gunsmith who fails to engrave and register an unserialized firearm or unfinished frame faces a Class E felony charge.
No magazine holding more than ten rounds may be possessed in New York, whether designed for a handgun, rifle, or shotgun. The SAFE Act’s original seven-round loading limit for ten-round magazines was suspended and is no longer in effect; you may load a ten-round magazine to capacity.8Gun Safety. Changes to the SAFE Act Pre-1994 magazines lost their grandfathered status under the SAFE Act.
Buying Ammunition and Storing Firearms
Every ammunition sale in New York must go through a background check system operated by the State Police under Penal Law 400.03. The seller verifies the buyer’s photo ID and records the date, the buyer’s name, age, occupation, and residence along with the caliber and quantity purchased.9New York State Senate. New York Penal Code 400.03 – Sellers of Ammunition Online ammunition cannot ship directly to your door; the SAFE Act requires all ammunition transfers to occur in person between a licensed dealer or registered seller and the buyer. Ammunition ordered from out of state must be sent to a licensed New York dealer who processes the sale in person.10Office of the New York State Attorney General. Attorney General James Cracks Down on Online Ammunition Sellers Illegally Shipping Ammunition to New York
Firearms must be securely stored whenever you live with someone under 18 or anyone you know or reasonably should know is prohibited from possessing firearms. Secure storage means a fire-resistant, impact-resistant, and tamper-resistant container that cannot be opened without a key, keypad, or combination, or the firearm must be rendered inoperable with an appropriate trigger lock. Failing to comply is a Class A misdemeanor.11New York State Senate. New York Penal Code 265.45 – Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree Firearms left in vehicles must have all ammunition removed and the firearm locked in an appropriate safe storage depository hidden from view. A glove compartment does not qualify. Negligent storage can also create civil liability if someone gains access to the firearm and causes injury.
Penalties for Unlicensed Possession
This is where New York’s firearm laws have the sharpest edge. Possessing any handgun without a valid New York license is a Class E felony, punishable by up to four years in state prison.3New York State Senate. New York Penal Code 70.00 – Sentence of Imprisonment for Felony If the handgun is loaded and you are outside your home or place of business, the charge becomes criminal possession of a weapon in the second degree, a Class C violent felony carrying up to 15 years.12New York State Senate. New York Penal Code 265.03 – Criminal Possession of a Weapon in the Second Degree Possessing three or more firearms is a Class D felony with a maximum of seven years, and ten or more is a Class B felony.
The home and place-of-business exception is narrow. It does not cover your car, a friend’s house, or a hotel room. New York prosecutors regularly bring these charges and judges regularly impose prison time.
Out-of-State Permits and Travel Through New York
New York does not recognize concealed carry permits from any other state, and it offers no non-resident license. A Texas or Florida permit is legally meaningless the moment you cross the state line, and carrying on one exposes you to the same felony charges as carrying without any license.
Federal law provides a narrow safe harbor for direct interstate travel. Under 18 U.S.C. 926A, you may transport a firearm through New York if you are traveling between two places where you may lawfully possess it, provided the firearm is unloaded and neither the gun nor the ammunition is readily accessible from the passenger compartment.13Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms In a vehicle without a separate trunk, both must be in a locked container other than the glove compartment or center console. The protection covers continuous, direct travel only. Overnight stops in New York City with a handgun in luggage, even locked in a case, have led to felony arrests despite defendants invoking this provision.
Extreme Risk Protection Orders
New York’s red flag law lets law enforcement officers, district attorneys, school administrators, and medical professionals petition a court for an extreme risk protection order that temporarily removes firearms from someone who poses a danger to themselves or others. A judge can issue a temporary ERPO on an emergency basis, and a full hearing follows within days where the respondent can contest it. A final ERPO lasts up to one year and can be renewed.14New York State Division of Criminal Justice Services. Extreme Risk Protection Order Model Policy While an ERPO is active, the subject must surrender all firearms to law enforcement and cannot purchase new ones. Possessing a firearm in violation of an active ERPO is a separate criminal offense and can disqualify you from future licensure.