In New York, what disqualifies you from owning a gun ranges from any felony conviction to a licensing officer’s judgment that you lack good moral character. The state layers its own rules on top of federal firearm prohibitions and requires a license just to possess a handgun, so the screen is wider here than almost anywhere else in the country. Criminal history, mental health adjudications, court orders, age, substance use, and immigration status can each independently block legal ownership, and any one of them is enough.
Criminal Convictions
A criminal record is the most common reason people are barred from owning a firearm in New York. The disqualifications split into three groups: felonies, a specific set of misdemeanor “serious offenses,” and domestic violence convictions under federal law.
Any Felony, Anywhere
A conviction for any felony, in any jurisdiction, permanently prohibits you from possessing a firearm in New York. The type of felony does not matter, and no waiting period lifts the ban on its own. The prohibition applies under both New York law and federal law independently, so a conviction that slipped through one system would still be caught by the other.1Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts
Misdemeanor “Serious Offenses”
New York labels a category of misdemeanors “serious offenses” and treats a conviction for one the same as a felony for firearm purposes. The list is long. It includes illegal weapon possession, stalking in the third or fourth degree, forcible touching, sexual misconduct, sexual abuse in the second or third degree, endangering the welfare of a child, criminal possession of a controlled substance in the seventh degree, and issuing abortional articles, among others.2New York State Senate. New York Penal Law 265.00 – Definitions
A second group of serious offenses applies only when the victim is a family or household member. In that context, offenses that wouldn’t otherwise be disqualifying become so: third-degree assault, menacing, criminal obstruction of breathing, unlawful imprisonment, coercion, harassment in the first degree, and criminal trespass in the second or third degree.2New York State Senate. New York Penal Law 265.00 – Definitions
Any misdemeanor conviction from another jurisdiction that contains all the essential elements of a New York felony also counts as a serious offense. So an out-of-state conviction can disqualify you even if that state classified the crime differently.
Domestic Violence Misdemeanors
Federal law adds a separate, permanent ban for anyone convicted of a misdemeanor crime of domestic violence. This applies where the offense involved the use or attempted use of physical force against a spouse, former spouse, co-parent, cohabitant, or someone with whom you had a dating relationship.3Legal Information Institute (LII) / Cornell Law School. 18 U.S.C. 921(a)(33) – Misdemeanor Crime of Domestic Violence
The label on the charge does not control. What matters is whether the offense involved physical force and a qualifying relationship. The conviction must also have provided the right to counsel and, where applicable, a jury trial. A pardon or expungement lifts the prohibition only if it does not expressly bar firearm possession.3Legal Information Institute (LII) / Cornell Law School. 18 U.S.C. 921(a)(33) – Misdemeanor Crime of Domestic Violence
Mental Health Adjudications
Mental health disqualifications turn on formal legal proceedings, not on whether you’ve ever seen a therapist or taken medication. Voluntarily seeking treatment does not disqualify you.
You are prohibited from possessing a firearm if a court, board, or other lawful authority has involuntarily committed you to a mental institution. The commitment must be formal; a short emergency room hold that never becomes a commitment order does not qualify. The ban also applies if you have been legally determined to lack the mental capacity to manage your own affairs, or found not guilty by reason of mental defect in a criminal case.4Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal Firearms Prohibitions Under 18 U.S.C. 922(g)(4)
New York’s SAFE Act adds a reporting mechanism. Certain mental health professionals who conclude that a patient poses a serious risk of harm to themselves or others must report that determination to the appropriate authorities, and the report can lead to suspension or revocation of an existing license and surrender of any firearms the person owns.5New York State Senate. New York Mental Hygiene Law 9.46
Court Orders
Two types of court orders can strip your firearm rights even without a criminal conviction: orders of protection and Extreme Risk Protection Orders.
Orders of Protection
When a New York family court or criminal court issues an order of protection, the court must revoke the respondent’s firearm license and require surrender of all firearms if it finds the underlying conduct involved infliction of physical injury, use or threatened use of a deadly weapon, or behavior constituting a violent felony. The court must also suspend or revoke the license where it finds a substantial risk the respondent could use a firearm against the protected person.
Federal law imposes a parallel prohibition. Under 18 U.S.C. § 922(g)(8), you cannot possess a firearm while subject to a protective order that was issued after a hearing, restrains you from harassing or threatening an intimate partner or their child, and includes a finding that you represent a credible threat of physical force.1Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts
Extreme Risk Protection Orders
New York’s Red Flag Law lets courts temporarily remove firearms from someone who poses a risk of harm through an Extreme Risk Protection Order (ERPO). An ERPO prohibits the person from buying or possessing any firearm and requires surrender of guns they already own.6The State of New York – NY.Gov. Red Flag Gun Protection Law
Petitions can be filed by police officers, district attorneys, family or household members (including current or former spouses, co-parents, blood relatives, in-laws, current or former cohabitants, and current or former intimate partners), and school personnel like teachers, guidance counselors, and coaches.7New York State Unified Court System. Extreme Risk Protection Order – Red Flag Law Health care practitioners who examined the person within the preceding six months can also initiate the process, and a 2022 amendment requires police and district attorneys to file when they have credible information that someone is likely to cause serious harm.6The State of New York – NY.Gov. Red Flag Gun Protection Law
A judge decides a temporary ERPO the same day. A full hearing follows no sooner than three and no later than six business days after the temporary order is served. A final ERPO can last up to one year.8New York State Senate. New York Civil Practice Law and Rules 6343
Age Limits
You must be at least 21 to obtain a handgun license in New York. The only exception is for people honorably discharged from the U.S. military or the New York National Guard, who face no age restriction for handgun licensing.9New York State Senate. New York Penal Law 400.00 – Licensing and Other Provisions
New York also prohibits anyone under 21 from purchasing a semi-automatic rifle. For other long guns like bolt-action rifles and shotguns, federal law sets the floor at 18 when buying from a licensed dealer.1Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts
Drug Use, Immigration Status, and Other Categorical Bars
Federal and New York law both prohibit firearm possession for several additional categories of people:
- Fugitives from justice. Anyone with an active arrest warrant for a felony or serious offense is ineligible.
- Unlawful users of controlled substances. Current, regular use of any illegal drug disqualifies you, as does addiction to any controlled substance.
- Dishonorable discharge from the U.S. Armed Forces. This is a permanent federal disqualifier.
- Unauthorized immigration status. Anyone in the United States unlawfully is prohibited from possessing firearms under federal law.
Each of these prohibitions exists independently under 18 U.S.C. § 922(g) and New York Penal Law § 400.00.1Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts9New York State Senate. New York Penal Law 400.00 – Licensing and Other Provisions
Marijuana Is Still a Federal Problem
New York legalized recreational marijuana, but federal law still classifies cannabis as a controlled substance. Regular marijuana use can disqualify you from firearm possession federally regardless of what state law allows.
As of January 2026, the ATF revised its definition of “unlawful user” to require evidence of regular and recent use over an extended period continuing into the present. Isolated or sporadic use no longer qualifies, and the old standard that could be triggered by a single positive drug test or a single conviction within the past year has been removed.10Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance A consistent, current user is still prohibited. Lying about drug use on ATF Form 4473 during a purchase is a separate federal crime.
The Good Moral Character Requirement
Even if you clear every categorical bar, New York requires handgun license applicants to demonstrate “good moral character.” After the Supreme Court’s 2022 decision in NYSRPA v. Bruen struck down the state’s earlier discretionary standard, New York amended its law to define this requirement more specifically. An applicant must show the essential character, temperament, and judgment to be trusted with a weapon and to use it without endangering themselves or others.9New York State Senate. New York Penal Law 400.00 – Licensing and Other Provisions
Licensing officers investigate well beyond a standard criminal background check. The review can include your driving record, arrests that didn’t lead to conviction, personal references, and other indicators of judgment. The post-Bruen amendments also require applicants to submit a list of social media accounts. Conduct that is perfectly legal can still sink an application if the licensing officer concludes it reflects poor judgment, and different counties apply the standard differently. A denial on character grounds can be appealed through an Article 78 proceeding in state court.
Restoring Firearm Eligibility
If you’ve already been disqualified, getting your rights back is difficult in New York and, under federal law, effectively impossible for most people.
At the state level, someone with certain non-violent felony or serious offense convictions can apply for a Certificate of Relief from Disabilities. The certificate removes the automatic legal bar created by the conviction, but it does not guarantee approval of a handgun permit. The licensing officer retains full discretion under the good moral character standard.
Federally, if your conviction has been expunged, set aside, or pardoned, or if your civil rights have been fully restored, you may fall outside the prohibition. Federal courts have interpreted “civil rights restored” to mean key rights like voting, jury service, and holding public office must all have been returned. Partial restoration may not be enough.11Office of the Law Revision Counsel. 18 U.S.C. 925 – Exceptions: Relief From Disabilities
Federal law also allows prohibited persons to petition the Attorney General for relief from firearms disabilities under 18 U.S.C. § 925(c). In practice, Congress has included a rider in its annual appropriations bills since 1992 that prevents the ATF from spending money to process these applications, so the federal administrative pathway has been dead for over three decades.