Home Gun Laws New York

New York Gun Laws

New York is a shall-issue state in the wake of NYSRPA v. Bruen (2022), but the 2022 Concealed Carry Improvement Act (Chapter 371 of the Laws of 2022) replaced the struck-down 'proper cause' standard with a 'good moral character' review, mandatory 16-hour in-person training plus two hours of live-fire, an in-person interview with the licensing officer, and four character references. The state imposes a 10-round magazine capacity limit, bans defined assault weapons, requires universal background checks for firearm transfers, mandates a background check and $2.50 fee for every ammunition sale through the New York State Police, and maintains a long list of statutorily-defined 'sensitive locations' where licensed carry is prohibited. New York has no constitutional carry, no general firearms preemption (New York City requires a separate validation of state-issued licenses), and recognizes no out-of-state pistol permits.

Sourced from official state legislature, AG, and ATF documents. Last verified June 6, 2026.

At a glance

Carry permit regime
Shall Issue
Open carry
Prohibited
Permitless carry
No
Permit minimum age
21
Castle doctrine
Stand your ground
Universal background check
Red flag / ERPO law
Assault weapon ban
Magazine capacity limit
10 rounds
Firearm registration
State preemption
Handgun purchase age
21
Long gun purchase age
18
Duty to disclose to police

In a vehicle

Loaded handgun (without permit)
Permit Required
Loaded in glove box
Loaded in center console
Loaded in trunk
Rental car — same rules
Employer parking-lot protection

Common questions

Can I keep a loaded handgun in my glove box without a permit?

No. New York requires a pistol license under Penal Law § 400.00 for any loaded handgun in a vehicle. Possession without a license is a Class C felony under § 265.03 with no general motor-vehicle exception. The glove box specifically does not count as 'safe storage' under PEN § 265.45.

Jump to the statute →

Do I need a permit to carry concealed in New York?

Yes — a § 400.00(2)(f) carry-concealed pistol license is required. Post-Bruen and post-CCIA, the licensing officer must find 'good moral character,' and the applicant must complete an in-person interview, submit four character references, complete 16 hours of classroom training plus 2 hours of live-fire, and pass a written test.

Jump to the statute →

Can I open carry a handgun in New York?

No. New York's pistol license authorizes only 'carry concealed.' Open carry of a handgun is treated as unlawful possession. Long-gun open carry in public is heavily restricted by the sensitive-locations statute (PEN § 265.01-e) and by local rules.

Jump to the statute →

What changed after the Bruen ruling?

After NYSRPA v. Bruen (June 2022) struck down New York's 'proper cause' requirement, the state enacted the Concealed Carry Improvement Act (Chapter 371 of 2022), effective September 1, 2022. It replaced 'proper cause' with a 'good moral character' review, added mandatory 16 hours of in-person training plus 2 hours of live fire, required four character references and an in-person interview, and created the long list of 'sensitive locations' where licensed carry is still prohibited. The Second Circuit upheld most of the CCIA in October 2024 and the Supreme Court denied review in April 2025.

Jump to the statute →

What counts as a sensitive location in New York?

PEN § 265.01-e lists 20 categories: government and court buildings, healthcare facilities, places of worship (with security exceptions), libraries, public parks, playgrounds and zoos, child-care and OPWDD/OASAS/OMH/OTDA programs, nursery schools and summer camps, shelters, all schools through college, public transit (subway, bus, train, airport), bars and other alcohol- or cannabis-licensed establishments, performance and sporting venues, polling places, permitted protests or assemblies, and Times Square. Carrying a firearm there — even with a valid license — is a Class E felony.

Jump to the statute →

What is New York's magazine capacity limit?

10 rounds. PEN § 265.00(23) defines a 'large capacity ammunition feeding device' as any feeding device that holds — or can be restored to hold — more than 10 rounds. The SAFE Act's original 7-round loaded-magazine rule was struck down in NYSRPA v. Cuomo and is not enforced.

Jump to the statute →

Are suppressors and short-barreled rifles legal in New York?

No. Firearm silencers are categorically banned at the state level under Penal Law § 265.02(2) regardless of federal NFA registration. Short-barreled rifles and shotguns fall within New York's 'firearm' definition (PEN § 265.00(3)) and are unlawful for ordinary civilians. Machine guns are also banned.

Jump to the statute →

Does New York require a background check for private gun sales?

Yes. General Business Law § 898 requires every firearm transfer between non-FFL individuals to be processed through a licensed dealer, who runs the NICS check through the New York State Police. Only narrow family-member transfers are exempt. The dealer may charge up to $10 per transaction.

Jump to the statute →

Does New York require a background check to buy ammunition?

Yes. Since September 13, 2023, every retail ammunition purchase in New York is screened through the NY State Police statewide ammunition sales database. The buyer pays a $2.50 fee per transaction. The Second Circuit upheld the ammunition background-check law in October 2025.

Jump to the statute →

Do I need to register my firearm in New York?

Handguns are tied to a specific § 400.00 license; ownership changes require license amendment, so handguns are effectively registered. Assault weapons grandfathered under the SAFE Act had to be registered with the NYSP by April 15, 2014 and must be recertified every 5 years. Semi-automatic rifles purchased on or after September 4, 2022 require a separate semi-automatic rifle license.

Jump to the statute →

Is New York a stand-your-ground state?

No. New York imposes a duty to retreat before using deadly physical force when retreat can be accomplished with complete personal safety (PEN § 35.15). The state recognizes a castle-doctrine exception inside your dwelling and authorizes deadly force to prevent or terminate a burglary of a dwelling or occupied building (PEN § 35.20).

Jump to the statute →

Do I have to tell police I'm armed during a traffic stop?

No. New York has no statutory duty to proactively inform a peace or police officer that you are carrying. A licensee must, however, carry the license and present it on the officer's demand under PEN § 400.00(8).

Jump to the statute →

Does New York honor any other state's pistol permit?

No. New York recognizes no out-of-state concealed carry permits or pistol licenses. A nonresident who wishes to carry must obtain a New York license. Approximately 27 states — mostly permitless-carry jurisdictions — honor a New York pistol license, but you should verify before travel.

Jump to the statute →

Can I carry in a bar or restaurant that serves alcohol?

No. PEN § 265.01-e lists any establishment licensed for on-premise alcohol or cannabis consumption as a 'sensitive location.' Carrying there — even with a valid pistol license — is a Class E felony.

Jump to the statute →

How old do I have to be to buy a gun in New York?

21 for any handgun (federal FFL rule, mirrored by the state pistol-license age). 18 for ordinary long guns. As of September 4, 2022 you must also be 21 and hold a separate semi-automatic rifle license to purchase a semi-auto rifle. Federal law sets handgun FFL purchases at 21.

Jump to the statute →

Permitless / Constitutional Carry

New York does not have constitutional or permitless carry. Carrying a loaded firearm — openly or concealed — outside the home or place of business without a pistol license issued under Penal Law § 400.00 is unlawful possession of a weapon under Penal Law Article 265.

"No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older... (b) of good moral character... (c) who has not been convicted anywhere of a felony or a serious offense."

N.Y. Penal Law § 265.01 et seq.; § 400.00 statute

Penal Law § 265.01 is the baseline misdemeanor weapon-possession statute referenced by the 'Article 265' / '§ 265.01 et seq.' framework throughout New York firearms law. A person is guilty of criminal possession of a weapon in the fourth degree (a Class A misdemeanor) when they possess any firearm, electronic dart gun, electronic stun gun, switchblade, gravity knife, or other enumerated weapon; possession by a non-citizen of a rifle, shotgun, or firearm; or possession of any dangerous or deadly instrument or weapon with intent to use unlawfully against another.

"A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or 'Kung Fu star'."

N.Y. Penal Law § 265.01 (Criminal Possession of a Weapon in the Fourth Degree) statute

Concealed Carry Permit

Applicants for a § 400.00(2)(f) license to carry concealed must be 21+ (no age floor for honorably discharged military), of 'good moral character,' provide four character references, submit a list of current and former social media accounts from the past three years, complete an in-person interview with the licensing officer, complete 16 hours of in-person classroom instruction plus 2 hours of live-fire training, and pass a written test with 80% proficiency.

"a minimum of sixteen hours of in-person live curriculum approved by the division of criminal justice services and the superintendent of state police... and a minimum of two hours of a live-fire range training course."

N.Y. Penal Law § 400.00(1), (19) (CCIA, Ch. 371 of the Laws of 2022) statute

Licenses issued under paragraph (f) of subdivision two (carry concealed) must be recertified or renewed every three years. Premises and employment-related licenses recertify every five years. Recertification is handled by the New York State Police (excluding NYC, Nassau, Suffolk, and Westchester, which have their own renewal regimes).

"such licenses shall be recertified or renewed every three years following the issuance of such license."

N.Y. Penal Law § 400.00(10)(d) statute

The New York State Police administer pistol permit recertification for the 55 upstate counties; New York City, Nassau, Suffolk, and Westchester run their own licensing regimes. Failure to recertify on the prescribed cycle terminates the license.

"Pistol Permit Recertification"

NY State Police — Pistol Permit Recertification ag

Open Carry

The statute issues only 'carry concealed' licenses to private individuals (subdivision 2(f)). Open carry of a handgun is not authorized by statute and is treated as unlawful possession; long-gun open carry in public places is broadly prohibited under PEN § 265.01-e (sensitive locations) and other restrictions.

"(f) have and carry concealed, without regard to employment or place of possession subject to the restrictions of state and federal law, by any person."

N.Y. Penal Law § 400.00(2)(f) statute

Vehicle Carry

Possessing a loaded firearm anywhere in New York other than in the possessor's home or place of business is a Class C felony unless the person holds a valid New York pistol license. There is no general motor-vehicle exception that allows a non-licensee to keep a loaded handgun in a vehicle.

"such person possesses any loaded firearm. Such possession shall not... constitute a violation of this subdivision if such possession takes place in such person's home or place of business."

N.Y. Penal Law § 265.03 (Criminal Possession of a Weapon in the Second Degree) statute

A firearm, rifle, or shotgun left in a vehicle outside the owner's immediate possession or control must have the ammunition removed and be locked in an appropriate safe storage depository, out of sight from outside the vehicle. The glove compartment or glove box is expressly excluded from the definition of safe storage depository.

"a glove compartment or glove box shall not be considered an appropriate safe storage depository."

N.Y. Penal Law § 265.45(2) (Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree) statute

A traveler who may lawfully possess a firearm both at origin and destination may transport it through New York under federal law if the firearm is unloaded and neither it nor any ammunition is readily accessible from the passenger compartment; in a vehicle without a separate trunk, the firearm and ammunition must be in a locked container other than the glove compartment or console. Overnight stays in New York are not protected.

"during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment."

18 U.S.C. § 926A (federal Firearm Owners' Protection Act transport defense) atf

Employer Parking-Lot Protection

New York has no 'guns-in-trunks' or employer parking-lot protection statute. Private employers may prohibit firearms anywhere on company property, including in employee vehicles parked in employer lots. Penal Law § 265.01-d (the CCIA private-property 'restricted location' rule) was held unconstitutional 10/9/2024 in Christian v. James (W.D.N.Y. 22-CV-695-JLS) but never created an affirmative right to carry on private property.

"A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession."

No employer parking-lot protection statute in New York statute

Reciprocity

New York recognizes no out-of-state pistol licenses. A New York-issued pistol license is valid throughout the state except within the City of New York, which requires a separate special permit issued by the NYPD Police Commissioner. Approximately 27 states recognize a New York pistol permit (most of them permitless-carry jurisdictions that effectively honor any state license).

"A license to carry or possess a pistol or revolver... shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city."

N.Y. Penal Law § 400.00(6); NY State Police firearms page ag

Castle Doctrine

New York applies a castle-doctrine exception to its general duty to retreat: a person has no duty to retreat before using deadly physical force when in his or her dwelling and not the initial aggressor. Penal Law § 35.20(3) additionally authorizes deadly force to prevent or terminate a burglary of a dwelling or occupied building.

"The actor is under no duty to retreat if he or she is: (i) in his or her dwelling and not the initial aggressor."

N.Y. Penal Law § 35.15(2)(a)(i) statute

A person in possession or control of a dwelling or occupied building who reasonably believes another is committing or attempting to commit a burglary may use deadly physical force when reasonably believed necessary to prevent or terminate the burglary.

"may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary."

N.Y. Penal Law § 35.20(3) statute

Stand Your Ground

New York is NOT a stand-your-ground state. Penal Law § 35.15(2)(a) requires a person to retreat before using deadly physical force outside the home, if the actor knows that retreat can be accomplished with complete personal safety. The only exception is the castle-doctrine (dwelling) carve-out.

"The actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others, he or she may avoid the necessity of so doing by retreating."

N.Y. Penal Law § 35.15(2)(a) statute

Duty to Disclose

New York imposes no statutory duty to proactively inform a law enforcement officer that you are carrying. A licensee must carry the license and produce it 'upon demand' for inspection by a peace or police officer, but is not required to volunteer the information.

"Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties, or police officer."

N.Y. Penal Law § 400.00(8) (exhibition and display on demand) statute

Prohibited Places

The CCIA's 'sensitive locations' list bars possession of any firearm, rifle, or shotgun — even by license holders — in 20 statutorily-enumerated categories including government buildings, health care facilities, places of worship (with security exceptions), libraries, playgrounds, public parks, zoos, child care programs, nursery schools and summer camps, programs licensed by OPWDD/OASAS/OMH/OTDA, shelters, schools (K-college), public transit, alcohol- and cannabis-licensed establishments, performance and sporting venues, polling places, permitted protest gatherings, and Times Square. Violation is a Class E felony.

"any place owned or under the control of federal, state or local government, for the purpose of government administration, including courts... any establishment issued a license for on-premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law... the area commonly known as Times Square."

N.Y. Penal Law § 265.01-e (Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location) statute

Section 265.01-d makes it a Class E felony to carry a firearm onto private property without the owner's express consent or 'clear and conspicuous signage' affirmatively permitting carry. On 10/9/2024 the U.S. District Court for the Western District of New York held this provision unconstitutional in Christian v. James (22-CV-695-JLS); enforcement of the affirmative-consent rule is enjoined while appeals continue. Property owners may still prohibit firearms by their own posting or oral notice.

"where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent."

N.Y. Penal Law § 265.01-d (Criminal Possession of a Weapon in a Restricted Location) statute

Background Checks

Every sale, exchange, or disposal of a firearm, rifle, or shotgun in New York between non-FFL individuals must be processed through a federally licensed dealer who submits a National Instant Criminal Background Check request to the New York State Police. The dealer may charge up to $10 per transaction. Limited exceptions exist for transfers between immediate family members.

"a national instant criminal background check must be completed by a dealer who shall submit a request to the division of state police."

N.Y. General Business Law § 898 (private sales background checks) statute

The New York State Police maintain both a statewide firearm license/record database and a separate statewide ammunition sales database. Since September 13, 2023, every retail ammunition purchase requires the seller to verify the buyer's eligibility through the NYSP database. The buyer pays a $2.50 background-check fee per ammunition transaction; firearm transfers carry a $9.00 fee. The Second Circuit upheld the ammunition background-check law in October 2025.

"There shall be a statewide license and record database specific for ammunition sales which shall be created and maintained by the division of state police."

N.Y. Penal Law § 400.02 (Statewide license and record database) + CCIA ammunition-check provisions statute

Minimum Purchase Age

A pistol license under PEN § 400.00 requires the applicant be at least 21 (with an exemption for honorably discharged military). Federal law sets 21 for handgun purchases from an FFL and 18 for long guns. New York additionally requires anyone purchasing a semi-automatic rifle on or after September 4, 2022 to be at least 21 and to hold a semi-automatic rifle license, regardless of where purchased.

"Twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply."

18 U.S.C. § 922(b)(1) (federal) + N.Y. Penal Law § 400.00(1)(a) (state pistol license) atf

Firearm Registration

Every handgun lawfully possessed in New York must be tied to a specific § 400.00 license; ownership changes require license amendment. Assault weapons lawfully possessed before January 15, 2013 had to be registered with the State Police by April 15, 2014, and registrations must be recertified every five years. Semi-automatic rifles purchased on or after September 4, 2022 require a separate semi-automatic rifle license under Ch. 374 of the Laws of 2022.

"Licenses shall be recertified or renewed every three years following the issuance of such license."

N.Y. Penal Law § 400.00 (handgun license) + § 400.00(16-a) (SAFE Act assault-weapon registration) statute

Signed June 6, 2022 in the wake of the Buffalo supermarket shooting, Chapter 374 of the Laws of 2022 requires a separate Semi-Automatic Rifle License — administered through the same § 400.00 framework as a pistol license — to purchase or take possession of any semi-automatic rifle on or after September 4, 2022. The law also raises the minimum age for those purchases to 21 and creates the crimes of criminal purchase and criminal sale of a semi-automatic rifle. Licenses must be recertified every five years. Semi-automatic rifles owned before September 4, 2022 are grandfathered.

"Requires a license to purchase or take possession of a semiautomatic rifle; establishes the crimes of criminal purchase of a semiautomatic rifle and criminal sale of a semiautomatic rifle; requires recertification of licenses to purchase or take possession of a semiautomatic rifle every five years."

Chapter 374 of the Laws of 2022 (A10503) — Semi-Automatic Rifle License statute

Red Flag / ERPO

New York's Extreme Risk Protection Order (red flag) law was enacted in 2019 and expanded in June 2022 to allow petitions by police officers, district attorneys, family or household members, school administrators (or their designees), and licensed health care practitioners who have treated the respondent within the prior six months. A temporary ERPO may issue ex parte; a final ERPO can last up to one year.

"Application for an extreme risk protection order."

CPLR Article 63-A (§§ 6340-6348) — Extreme Risk Protection Orders statute

Assault Weapon Ban

New York bans 'assault weapons' under a one-feature test enacted by the SAFE Act (Ch. 1 of the Laws of 2013). A semiautomatic rifle that accepts a detachable magazine and has any one of an enumerated list of features (folding/telescoping stock, pistol grip, thumbhole stock, bayonet mount, flash suppressor, grenade launcher, etc.) qualifies as a banned assault weapon. Pre-2013 lawfully-owned assault weapons were grandfathered if registered with the NYSP by April 15, 2014.

"A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics: a folding or telescoping stock; a pistol grip."

N.Y. Penal Law § 265.00(22) (definition); § 265.02(7) (prohibition) statute

Signed January 15, 2013, the SAFE Act is the underlying session law that enacted the current one-feature assault-weapon test in PEN § 265.00(22), the 10-round magazine cap in PEN § 265.00(23), the universal background check regime in GBL § 898, the assault-weapon registration requirement in PEN § 400.00(16-a), and the mental-health reporting framework. The original 7-round loaded-magazine limit included in the Act was struck down in NYSRPA v. Cuomo (W.D.N.Y. 2013, aff'd 2d Cir. 2015) and is not enforced.

"Enacts the NY Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013."

Chapter 1 of the Laws of 2013 (S2230) — NY Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 statute

Magazine Capacity

A 'large capacity ammunition feeding device' is any magazine, belt, drum, feed strip, or similar device with capacity for more than 10 rounds, or readily restorable to such capacity. Possession is unlawful under PEN § 265.36. The SAFE Act's original 7-round loaded-magazine rule was struck down as unconstitutional in NYSRPA v. Cuomo (W.D.N.Y. 2013, aff'd 2d Cir. 2015); the State has stipulated not to enforce it.

"A magazine, belt, drum, feed strip, or similar device, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition."

N.Y. Penal Law § 265.00(23) (definition); § 265.36 (possession ban) statute

NFA Items

Suppressors (firearm silencers) are categorically banned for civilian possession in New York under PEN § 265.02(2) — possession is a Class D felony regardless of federal NFA registration. Short-barreled rifles and shotguns are likewise prohibited under PEN § 265.02 except for licensed dealers and qualified law enforcement. Machine guns and assault weapons are banned outright.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

N.Y. Penal Law § 265.02(2), § 265.00(15-a); 26 U.S.C. ch. 53 (NFA) atf

New York's 'firearm' definition includes any rifle with a barrel under 16 inches or any shotgun with a barrel under 18 inches, making short-barreled NFA items unlawful at the state level outside of narrow dealer or law-enforcement exceptions. Federal NFA registration does NOT cure the state prohibition.

"a shotgun having one or more barrels less than eighteen inches in length; or a rifle having one or more barrels less than sixteen inches in length."

N.Y. Penal Law § 265.00(3); § 265.02 (criminal possession of a weapon in the third degree) statute

State Preemption

New York does NOT have a general firearm preemption statute. Cities including New York City, Buffalo, Rochester, and Albany maintain firearm regulations more restrictive than state law. A New York-issued pistol license is statewide in scope except within New York City, where a separate validation by the NYPD Police Commissioner is required.

"Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance... shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued."

No general firearm preemption statute; N.Y. Penal Law § 400.00(6) (geographic scope of pistol license) statute

Recent Changes

Signed July 1, 2022 in response to NYSRPA v. Bruen, the CCIA (Ch. 371) replaced the struck-down 'proper cause' standard with a 'good moral character' review, mandated 16 hours of classroom and 2 hours of live-fire training for new pistol license applicants, required four character references and a social media disclosure, created the long list of 'sensitive locations' under PEN § 265.01-e, and created the default 'no carry on private property without express consent' rule under § 265.01-d (later held unconstitutional). Most provisions took effect September 1, 2022.

"AN ACT to amend the penal law, the general business law, the executive law, the civil practice law and rules and the state finance law, in relation to licensing and other provisions relating to firearms."

Chapter 371 of the Laws of 2022 (S51001) — Concealed Carry Improvement Act (CCIA) statute

On September 13, 2023, the NY State Police activated the statewide ammunition sales database mandated by the CCIA. Every retail ammunition sale must be processed through the database; the buyer pays $2.50 per transaction. The Second Circuit upheld the ammunition background-check law on October 15, 2025 in a ruling subsequently announced by Attorney General Letitia James.

"a firearms dealer or ammunition seller may not transfer ownership of ammunition to any purchaser who is not a firearms dealer or ammunition seller, unless the purchaser has first passed a background check."

NY State Police — Ammunition Background Check System launch (September 13, 2023) ag

On October 9, 2024, the U.S. District Court for the Western District of New York held that Penal Law § 265.01-d — the CCIA provision criminalizing carry on private property open to the public unless the owner had posted signage permitting firearms — violates the Second Amendment. Enforcement of the affirmative-consent rule has been enjoined.

"Per US District Court Western District of New York Case 22-CV-695-JLS Ruled Unconstitutional the requirement to post signs allowing carry on private property open to the public."

Christian v. James, W.D.N.Y. Case No. 22-CV-695-JLS (Oct. 9, 2024) court

The Second Circuit upheld the bulk of the CCIA — including the 'good moral character' licensing standard and most 'sensitive location' designations — in October 2024. The Supreme Court denied certiorari on April 7, 2025, leaving the Second Circuit's framework controlling in New York. The 'social media disclosure' applicant requirement was struck down.

"Antonyuk v. James"

Antonyuk v. James (2d Cir.), cert. denied Apr. 7, 2025 (No. 24-795) court

Chapter 432 of the Laws of 2024 amended Penal Law § 400.00 to add a five-year disqualifying lookback for assault-third, misdemeanor DWI, and menacing convictions for applicants under paragraph (f), and refined the in-person interview, character reference, and social media review procedures (subsequently subject to the Antonyuk social-media ruling).

"for a license issued under paragraph (f) of subdivision two of this section, the applicant shall meet in person with the licensing officer for an interview."

Chapter 432 of the Laws of 2024 — § 400.00 amendments (effective Oct. 9, 2024) statute

Signed October 9, 2024 and effective February 6, 2025, this law requires every New York court that issues or rescinds a temporary or final Extreme Risk Protection Order to notify the statewide registry of orders of protection and warrants within one business day, closing prior reporting gaps that had let some ERPOs go unrecorded.

"Beginning today, courts across New York State must notify the statewide registry of orders of protection and warrants when judges issue a temporary and/or final extreme risk order of protection."

S.3340 / A.5873 (Laws of 2024) — ERPO registry mandate (effective Feb. 6, 2025) ag

Recent law changes

Supreme Court denies certiorari in Antonyuk v. James — most of the CCIA stands

effective April 7, 2025

On April 7, 2025 the Supreme Court denied certiorari in Antonyuk v. James (No. 24-795), leaving in place the Second Circuit's October 2024 ruling that upheld the bulk of the CCIA — including the 'good moral character' licensing standard and most 'sensitive location' designations. The 2d Circuit had struck the applicant-social-media disclosure requirement.

Antonyuk v. James, No. 24-795 (S. Ct. cert. denied Apr. 7, 2025)

ERPO registry notification law (S.3340 / A.5873)

effective February 6, 2025

Signed October 9, 2024; effective February 6, 2025. Requires every New York court that issues or rescinds a temporary or final Extreme Risk Protection Order to notify the statewide registry of orders of protection and warrants within one business day, closing reporting gaps that had let some ERPOs go unrecorded.

Laws of 2024 (S.3340 / A.5873)

PEN § 265.01-d struck down — private-property carry consent rule held unconstitutional

effective October 9, 2024

In Christian v. James, 22-CV-695-JLS (W.D.N.Y. Oct. 9, 2024), the court held that the CCIA's 'restricted location' rule criminalizing carry on private property open to the public unless the owner posted signage affirmatively permitting carry violates the Second Amendment. Enforcement is enjoined. Property owners may still prohibit firearms by posting their own no-carry signs.

Christian v. James, 22-CV-695-JLS (W.D.N.Y. Oct. 9, 2024)

Ammunition background check system goes live

effective September 13, 2023

On September 13, 2023, the New York State Police activated the statewide ammunition sales database required by the CCIA. From that date, every retail ammunition sale must be screened through the database; the buyer pays $2.50 per transaction. The Second Circuit upheld the ammunition background-check law on October 15, 2025.

Penal Law § 400.02; CCIA implementation

Semi-automatic rifle license + age-21 requirement (Chapter 374 of the Laws of 2022)

effective September 4, 2022

Signed June 6, 2022 in response to the Buffalo supermarket shooting. Requires a separate New York Semi-Automatic Rifle License — administered like a pistol license — for the purchase or take-possession of any semi-automatic rifle on or after September 4, 2022, and raises the minimum age for those purchases to 21. Semi-auto rifles owned before that date are grandfathered.

Chapter 374 of the Laws of 2022 (A10503)

Concealed Carry Improvement Act (CCIA, Chapter 371 of the Laws of 2022)

effective September 1, 2022

Hochul signed S51001 on July 1, 2022 in response to NYSRPA v. Bruen. Replaced the struck-down 'proper cause' standard with a 'good moral character' review under PEN § 400.00, mandated 16 hours of classroom training plus 2 hours of live fire, required an in-person interview, four character references, and a social media disclosure (the social-media piece was later struck down by the 2d Circuit), created the 'sensitive locations' list at PEN § 265.01-e, and created the now-enjoined private-property consent rule at PEN § 265.01-d. Most provisions took effect September 1, 2022.

Chapter 371 of the Laws of 2022 (S51001)

NY SAFE Act (Chapter 1 of the Laws of 2013)

effective January 15, 2013

Signed January 15, 2013 in response to the Sandy Hook shooting. Expanded the state assault-weapon ban to a one-feature test, capped magazines at 10 rounds, required private-sale background checks through NYSP, created the assault-weapon registration regime, and added mental-health reporting duties. The original 7-round loaded-magazine limit was struck down in NYSRPA v. Cuomo (W.D.N.Y. 2013, aff'd 2d Cir. 2015).

Chapter 1 of the Laws of 2013 (S2230)

Where carry is prohibited

School

Possession of any firearm, rifle, or shotgun in or upon school buildings, grounds, or buses of any K-12 school, college, university, charter school, or licensed private career school is a Class E felony under PEN § 265.01-e(2)(m). Narrow exceptions exist for law enforcement and authorized security personnel.

N.Y. Penal Law § 265.01-e(2)(m)

Courthouse

Government administrative buildings 'including courts' are sensitive locations under PEN § 265.01-e(2)(a). Carrying a firearm there — even with a valid license — is a Class E felony.

N.Y. Penal Law § 265.01-e(2)(a)

Polling Place

Any location being used as a polling place is a sensitive location under PEN § 265.01-e(2)(q). Carrying a firearm there is a Class E felony.

N.Y. Penal Law § 265.01-e(2)(q)

Bar

Any establishment licensed under Articles 4, 4-A, 5, or 6 of the Alcoholic Beverage Control Law for on-premise consumption — and any cannabis-licensed on-premise consumption establishment — is a sensitive location under PEN § 265.01-e(2)(o). Carrying there is a Class E felony.

N.Y. Penal Law § 265.01-e(2)(o)

Government Building

Any place owned or under the control of federal, state or local government for the purpose of government administration is a sensitive location under PEN § 265.01-e(2)(a). Carrying a firearm there is a Class E felony, regardless of license.

N.Y. Penal Law § 265.01-e(2)(a)

Public Park Or Playground

Libraries, public playgrounds, public parks, and zoos are sensitive locations under PEN § 265.01-e(2)(d). The forest preserve and privately held land within a public park not dedicated to public use are excluded from the definition.

N.Y. Penal Law § 265.01-e(2)(d)

Public Transportation

Any place, conveyance, or vehicle used for public transportation or public transit — subway, train, bus, ferry, airport, or transit terminal — is a sensitive location under PEN § 265.01-e(2)(n). Carrying a firearm there is a Class E felony.

N.Y. Penal Law § 265.01-e(2)(n)

Place Of Worship

Any place of worship is a sensitive location under PEN § 265.01-e(2)(c), except for persons responsible for security at the place of worship. Carrying a firearm there is otherwise a Class E felony.

N.Y. Penal Law § 265.01-e(2)(c)

Entertainment Venue

Theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, gaming facilities, and video lottery terminal facilities are sensitive locations under PEN § 265.01-e(2)(p). Carrying a firearm there is a Class E felony.

N.Y. Penal Law § 265.01-e(2)(p)

Times Square

The area commonly known as Times Square, as determined and identified by the City of New York, is a sensitive location under PEN § 265.01-e(2)(t); the area must be clearly and conspicuously identified with signage. Carrying a firearm there is a Class E felony.

N.Y. Penal Law § 265.01-e(2)(t)

Reciprocity

States that honor New York's permit

AL AK AZ AR FL GA ID IN IA KS KY ME MS MO MT NE NH ND OH OK SD TN TX UT VT WV WY

Sources & methodology

Every fact on this page is paired with a citation to the underlying statute, attorney general guidance, court opinion, or ATF document. We do not rely on summaries from advocacy organizations as primary sources. Last verified June 6, 2026 against the official sources.

Legal disclaimer — please read

This page is for informational purposes only and is not legal advice. We are not attorneys and nothing here creates an attorney-client relationship. Gun laws are complex, change frequently, and are interpreted differently across jurisdictions and individual fact patterns.

Before relying on any information on this page — to carry a firearm, purchase a firearm, travel across state lines, or respond to a self-defense situation — you should:

  • Verify the current text of any cited statute directly with the official state legislature, attorney general, or state police website.
  • Check for amendments, pending litigation, or recent court rulings that may have changed the law since this page was last verified.
  • Consult a licensed attorney in New York for advice on your specific situation.

The controlling document is the statute or court ruling, not this page. We make no warranty as to the accuracy, completeness, or timeliness of this information, and we disclaim all liability for any reliance placed upon it.