New York is now a shall-issue state since the Supreme Court’s ruling on the NYSRPA v Bruen on June 23rd, 2022, with concealed weapons licenses issued at the local level by the county sheriff or court system.
A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual in New York. Private sales must be processed by a licensed firearms dealer. It is illegal to possess an unregistered handgun.
Open carry is not addressed in New York state law, although a New York Pistol License (NYPL) is required to possess a loaded handgun outside of the home or place of business.
Concealed carry is only legal with a NYPL. The minimum age is 21, with the exception of honorably discharged members of the military, who can be any age. The application process may differ depending on the type of license and the issuing county. NY doesn’t recognize permits/licenses from any other states and only residents, part-time residents or anyone who is principally employed or has his or her principal place of business can obtain NYPLs. The one exception are pistol licenses from New York City, which are valid statewide. In addition, a NYPL is not valid in the five counties that make up New York City. No handguns can be taken into the city unless New York City has validated your license. Some areas are off-limits, including schools and courthouses. There are several types of NYPLs available, but the most commonly issued are the concealed carry and possess on premises licenses. Both licenses can be endorsed with restrictions such as only to be carried during hunting or traveling to or from target practice. In terms of reciprocity, New York does not honor permits from any other states.
Where can I carry with my New York permit?
Yes
Yes, Constitutional Carry
Yes, Other Restrictions
No
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Important Firearm Laws
public access to concealed carry registry?
Yes, although gun owners may request that their application information be exempt from public disclosure. However, local and state law enforcement shall have access to such database in the performance of their duties.
red flag law?
New York has a red flag law. It allows police, district attorneys, family or household members, and school administrators or their designees to petition a court to have an order of protection issued to a person to remove their firearms, suspend any firearm license, and prevent them from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun.
non-resident permitting?
Yes for part-time NY State residents or anyone who is principally employed or has his or her principal place of business in the state.
duty to inform officer you're carrying?
New York law does not impose a duty to inform law enforcement that you are carrying a firearm, even if asked. However, if you are lawfully stopped and carrying, you should be prepared to produce your license, and officers may take steps to verify your lawful possession.
driver's license linked to carry license?
No. Your New York driver’s license is not linked to your New York pistol license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information.
brandishing?
No definition of brandishing was found in New York law.However, a person is guilty of menacing in the second degree when he or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he engages in fighting or in violent, tumultuous or threatening behavior.
carry while using alcohol or drugs?
Not addressed in state statutes.
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
"no weapons allowed" signs enforced?
No. However, on July 1, 2022, Gov. Hochul signed legislation that made "no carry" the default for private property, unless deemed permissible by property owners. Property owners who do decide to allow concealed carry will have to post signage saying concealed carry is allowed on the premises. According to Section 265.01-D, an individual is guilty of criminal possession if he or she enters into or remains on or in private property where the owner or lessee does not have clear and conspicuous signage indicating that carrying firearms is permitted.
preemption?
Yes. There is partial preemption primarily for handgun licensing. New York laws confer power upon local governments to adopt laws that relate to, among other things, the “protection, order, conduct, safety, health and well-being of persons or property.” However, local laws may not conflict with the state constitution or general laws.
"assault weapons" ban
Yes. An assault weapon is defined as a semi-automatic pistol or rifle that uses a detachable magazine or a semi-automatic shotgun, and which has at least one other characteristic listed in the Penal Law, or a revolving, cylinder shotgun.
See New York State Penal Law § 265.00 (22) for additional definitions, including a list of the characteristics that classify as an assault weapon.
Carry Basics
weapons other than handguns allowed?
No. A New York license does not allow carriers to conceal weapons other than handguns,
ammunition restrictions?
Yes. Armor-piercing ammunition and any bullets containing an explosive substance designed to explode or detonate upon impact are prohibited. An ammunition seller or firearms dealer may not transfer any ammunition to anyone other than a licensed dealer unless he or she conducts a check against records maintained in the state’s electronic database and receives a number identifying the transaction and signifying that the transferee is not prohibited by state or federal law from possessing the firearm or ammunition. The ammunition seller or gun dealer must also check a valid driver’s license or other photo identification of the prospective purchaser prior to transfer.
There is now a law that requires a background check and fee for all ammunition purchases.
open carry permitted?
Although open carry is not directly mentioned, New York State prohibits any state resident without a NY Pistol License, over the age of 21, from possessing a handgun without a valid license.
magazine limits for handguns?
Yes. No more than 10 rounds.
New York prohibits the manufacture, transportation, disposal and possession of any large capacity ammunition feeding device, which New York law defines as a magazine, belt, drum, feed strip or similar device that:
There are exceptions for attached tubular devices designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic.
constitutional carry?
No. New York does not recognize constitutional carry.
minimum age for concealed carry?
You must be 21 to concealed carry in New York.
gun permit licensure?
New York is now a shall-issue state.
byrna's?
New York City requires an annual license from the police commissioner to carry a Byrna.
Other parts of the state allow ownership without a permit, check with local authorities depending on the municipality.
Kinetic only - No PEPPER, PEPPER KITS, or MAX.
non-lethal weapons?
STUN GUNS and Tasers are legal to purchase and possess without a license as of 4/2019.
PEPPER SPRAY - Legal for self-defense purposes but highly regulated. Restrictions include:
BEAR SPRAY - NOT legal for personal defense in New York.
BLUDGEONS AND BATONS - Expandable batons are illegal to carry or possess in New York. Classified as "dangerous weapons," possession of batons or collapsible batons can lead to criminal charges.
Items such as blackjacks, nunchucks, and slingshots are also prohibited under New York law.
BRASS KNUCKLES - Illegal under New York law. Brass knuckles are classified as "prohibited weapons," and their possession, manufacture, or sale is strictly banned. Violations can lead to serious criminal charges.
Handgun Purchase & Possession
background checks for private gun sales? exceptions?
Yes. For firearms transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police and keep a record of the transaction. New York law requires anyone who intends to transfer a lawfully possessed handgun to first notify in writing the state police or local law enforcement.
There is an exception for transfers between immediate family members.
waiting period?
Although there is no specific waiting period prior to the purchase of a firearm in New York, all handgun purchasers must obtain a NYPL or permit to possess, and such licenses/permits may take up to 6 months to process. In addition, Bill A02690 took effect on September 12, 2019, requiring that firearm sales be suspended for a maximum of 30 days in those cases where the National Instant Criminal Background Check System (NICS) issues a "delayed" result, allowing time for the background check to be completed.
possess a handgun on my private property without a license?
No. A pistol license and background check are required to possess a handgun in New York State.
handgun registration?
Yes, all handguns need to be registered. There is no registration for long guns. Handguns are identified on a person's NY Pistol license by caliber, make, model, manufacturer’s name and serial number. The license also indicates if the handgun may be carried on the person or possessed in a particular location. A license holder may apply at any time to their local licensing officer to amend their license to add newly purchased handguns or remove handguns they have sold.
new york license exempts from background check?
No.
purchase permits?
Yes, for handguns. No for long guns.
A concealed carry license or a permit to possess a pistol or revolver is required to purchase a handgun.
minimum age to possess and transport?
You must be 21 years old to possess or transport a handgun in New York state.
handgun purchase process
New York law requires that a NICS background check be completed by a licensed firearms dealer before the sale, exchange or disposal of any firearm, unless the transaction is between members of an immediate family.
Before taking possession of a firearm you must supply the dealer with a purchase document. These can be obtained from the County Police Pistol License section. Before issuing a purchase document they will require a bill of sale from the dealer which includes the make, model, type, caliber and serial number of the firearm, plus confirmation the purchaser has passed a NCIS background check.
Upon completion of the background check by the licensed dealer, the dealer must finalize a document that confirms that such a check was performed. All dealers must maintain transaction records on their premises and the records must be open at all reasonable hours for inspection by law enforcement. A dealer may charge a fee of up to $10.00 per transaction.
Purchase documents are valid for 20 days. The firearm must be presented to the state licensing unit within that period for inspection so it can be entered into the database.
Top Gun Laws & Concealed Carry Permit Information For New York Residents
Concealed Carry Basics Faq
hunter harassment law?
Yes. Interference with lawful taking of wildlife, such as hunting, fishing or trapping, is prohibited. This includes travel, camping, and other acts preparatory to taking, which occur on lands or waters upon which the affected person has the right or privilege to take such wildlife.
carry while bow hunting?
No. While bowhunting during a special bow season, you may not possess a firearm of any description.
[N.Y Dept of Environmental Conservation Hunting Regulations]
wear a covid mask & carry?
There is no known statute in New York making it illegal to wear a COVID mask while carrying concealed. One state law referring to loitering in public places while congregating with other masked individuals was identified, however it does not address wearing a mask while legally carrying a concealed firearm.
carry while gun hunting?
Yes, with a New York Pistol License.
what are the knife laws in new york?
It is legal to openly carry or conceal any legal knife provided there is no intent for unlawful use against another person. It is illegal to own a switchblade, pilum ballistic knife, metal knuckle knife, cane sword and any knife adapted for use primarily as a weapon in New York. While it is legal for U.S. citizen not previously convicted of any crime to own a gravity knife (as of May 30, 2019), dirk, dagger, dangerous knife, razor or stiletto, it is illegal to carry them with the intent of unlawful use against another. There are knife/weapon limitations and prohibitions for schools, school buses, court facilities, correctional facilities and some airports. New York City has its own laws, which can be viewed on the New York City webpage. A number of other municipalities also have restrictions including Buffalo, Rochester and Syracuse.
NY Metropolitan Transportation Authority rules prohibit any weapon, dangerous instrument, or any other item intended for use as a weapon from being carried in or on any facility or conveyance. A weapon or dangerous instrument includes, but is not limited to, a firearm, switchblade knife, gravity knife, boxcutter, straight razor or razor blades that are not wrapped or enclosed in a protective covering and sword. Shotguns and rifles that are unloaded and carried in an enclosed case, box or other container which completely conceals the item from view and identification as a weapon are allowed.
[NY Pen. Code §§ 265.00, 265.01, 265.01-A & NY MTA Rules Section 1050.8]
Residency Changes:
Moving to New York and interested in applying for a resident license? How soon can you apply?New York issues licenses to residents, part-time residents and anyone who is principally employed or has his principal place of business in the state. You can apply for your license to the county sheriff or court system where you or your business is located once you have established your residence or business in that county.
Moving from New York and have a New York resident license? Does that license transfer to your new state? Is there a grace period during which your New York license remains valid?If a person with a New York pistol license establishes residency in another state, the pistol license expires upon the establishment of residence in the other state. Business licenses expire if employment is terminated or the business relocates outside of the state.
Requirements:
An applicant must:
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of New York.
Lost/Stolen Licenses:
If your license is stolen, you must immediately report such information to the precinct of occurrence or local police agency where the theft occurred and obtain a complaint number. If your license has been lost, stolen or mutilated, you must notify the Pistol Licensing Bureau immediately after notifying the appropriate authorities as indicated above, and respond to the office for a replacement license. You will be required to submit a $5.00 check or money order for a replacement license.
Fees:
Initial License $20, varies by county
Recertifications $10, varies by county
Non-Resident Concealed Carry Licenses:
Part-time NY State residents or anyone who is principally employed or has his principal place of business in the state may apply to the licensing officer where such place of business is located. The process is the same as for residents.
Valid For:
3 years
Name/Address Changes:
Complete an Address/Employment Change Report within 10 days. A $3 fee will be charged. Submit the form along with a recent utility bill for the current address. Failure to report an address change within 10 days may result in the suspension/revocation of your license. Take the documents to:
License Division— Renewal Unit Rm 152One Police PlazaNew York, N.Y. 10038
Processing Time:
6 months (varies greatly depending on the county)
Step 1:
Take a handgun safety course.
Step 2:
Download the state application and the form for your county.
Step 3:
Complete the forms.
You will need to provide 4 character references and information about your spouse or domestic partner and any other adults residing in your home.
Step 4:
Have passport-style photographs taken. You will need two photos.
Step 5:
Go to your county sheriff or courthouse to submit your application. You will be fingerprinted.
Step 6:
You will undergo various background checks by New York State and the FBI, and will be interviewed by local police.
Step 7:
Your application is then submitted to one of the licensing judges, police commissioner or sheriff for consideration.
Step 8:
You will be notified of your approval or denial.
If approved, you can then purchase and/or co-register a handgun.
carry at roadside rest areas?
No. Concealed carry is not allowed at roadside rest areas in New York state.
store in a vehicle in an employee parking lot?
carry in bars/restaurants that serve alcohol?
No. On July 1st, 2022, Gov. Hochul signed legislation banning the carrying of firearms in bars/restaurants that serve alcohol.
carry/possess at a hotel?
New York statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information.
carry in vehicle?
Yes, based upon the terms of a NYPL only. It is legal to transport a legal firearm through New York under Federal interstate transportation law 18 USC § 926A provided the handgun is unloaded, with neither the firearm nor any ammunition readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. If you don't have a NYPL and happen to stop at a motel overnight, then you are in violation of the law and subject to arrest if found with a firearm.
Although a state license to carry a handgun is generally invalid in New York City, a license is valid if the firearm covered by the license:
tribal lands
Oneida Indian Nation - NO
carry in state/national parks, state/national forests and wildlife management areas (wmas)?
No. You may not carry concealed weapons in these areas.
Self-Defense
New York has a self-defense law based on the Castle Doctrine. In NY, a citizen has the duty to retreat from attackers if he or she feels one can safely do so.
Use of Physical Force
A person may use physical force in self-defense, defense of a third person, in defense of premises, or in order to prevent larceny of or criminal mischief to property.
A person may use physical force when the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission of a crime involving damage to premises, or to prevent or terminate the commission of a criminal trespass, larceny or of criminal mischief with respect to property. Any degree of physical force other than deadly physical force can be used.
Use of Deadly Force
Deadly force can only be used if the actor reasonably believes that:
[N.Y. Pen. Law §§ 35.10, 35.15, 35.20 and 35.25]
*A pistol or revolver license issued by New York City or Westchester, Nassau and Suffolk counties expires and needs to be renewed every three years. A pistol or revolver license issued outside of those areas does not expire, but the license holder must recertify with the New York State Police every three years for a concealed carry license.
New York Gun Law Updates
DateDetails
2025-04-08
Added non-lethal weapons to Carry Basics section.
2025-02-03
Added Byrna information to "carry basics" section.
2025-01-23
Added tribal land information to Carry Location section.
2021-05-18
Added info on driver's license link to permit in At A Glance table
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