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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. No training is required to obtain a NYPL, except for residents of Westchester county. 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.
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.
Constitutional Carry?Does New York allow constitutional carry? |
No. New York does not recognize constitutional carry. |
Open Carry Permitted?Is open carry permitted in New York? |
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. |
Gun Permit Licensure?If New York requires a license to carry a concealed firearm, how are those licenses issued? |
New York is now a shall-issue state. |
Minimum Age for Concealed Carry?What is the minimum age in New York to get a concealed carry license? |
You must be 21 to concealed carry in New York. |
Weapons Other Than Handguns Allowed?Can you concealed carry weapons other than handguns in New York with a concealed carry license (or under permitless carry if applicable)? |
No. A New York license does not allow carriers to conceal weapons other than handguns, |
Tasers or Stun Guns?Is it legal to own a taser or stun gun in New York? |
Yes. Based on a U.S. District Court ruling, stun guns and Tasers are legal to purchase and possess without a license as of 4/2019. |
Chemical Spray/Pepper Spray?Is it legal to buy or use chemical spray/pepper spray in New York? |
Yes. The possession of “self-defense sprays” by persons who are not felons and who have not been convicted of an assault, and who are at least 18 years old for the protection of person or property and otherwise lawful use is legal. There are certain labeling requirements. The active ingredient in any canister of legal pepper spray must be oleo-resin capsicum. The maximum net weight of any canister is 3/4oz. Furthermore, the canister itself may not appear to be anything but pepper spray. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in NY state. No more than two sprays may be sold at any one time to a single purchaser. |
MAGAZINE LIMITS FOR HANDGUNS?Does New York have magazine capacity restrictions 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. |
AMMUNITION RESTRICTIONS?Does New York have 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. |
Carry in Vehicle?Can you carry a concealed handgun in a vehicle in New York? |
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:
|
Carry at Roadside Rest Areas?Can you carry a concealed firearm at roadside rest areas in New York? |
No. Concealed carry is not allowed at roadside rest areas in New York state. |
Carry in State/National Parks, State/National Forests and Wildlife Management Areas (WMAs)?Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in New York? |
No. You may not carry concealed weapons in these areas. |
Carry in Bars/Restaurants That Serve Alcohol?Can you carry a concealed firearm in bars and restaurants that serve alcohol in New York? |
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?Can you carry or possess a firearm on hotel property in New York? |
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. |
Store in a Vehicle in an Employee Parking Lot?Does New York have laws relating to storing firearms in private vehicles in an employee parking lot? |
Not addressed in New York state law, although employers may have a policy. |
Duty to Inform Officer You're Carrying?Do you have a duty to inform a police officer that you're carrying a concealed firearm in New York? |
There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in New York unless the officer asks. |
DRIVER'S LICENSE LINKED TO Carry License?Is my New York driver’s license linked to my New York 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. |
"No Weapons Allowed" Signs Enforced?Are "No Weapons Allowed" signs enforced in New York? If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense. |
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?Does New York have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)? |
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. |
Red Flag Law?Does New York have a 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. |
Brandishing?Does New York state law define brandishing? |
No definition of brandishing was found in New York law. 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?Does New York have laws regarding carrying a concealed firearm 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. |
NON-RESIDENT PERMITTING?Does New York issue concealed carry licenses to non-residents? |
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. |
PUBLIC ACCESS TO CONCEALED CARRY REGISTRY?Does New York allow the public to access concealed carry registry information through public records law? |
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. |
Purchase Permits?Is a permit required to purchase a handgun in New York? |
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. |
Background Checks for Private Gun Sales? Exceptions?Are background checks required for private gun sales in New York? Are there 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. |
New York license Exempts from Background Check?Does my current New York concealed carry license exempt me from needing a background check when I purchase a firearm? |
No. |
Waiting Period?Is there a waiting period after purchasing a handgun in New York? |
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. |
Handgun Registration?Do handguns need to be registered in New York? |
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. |
Minimum Age to Possess and Transport?What is the minimum age to possess and transport a handgun in New York? |
You must be 21 years old to possess or transport a handgun in New York state. |
Possess a handgun on my private property without a license?Can I possess/carry a handgun in my home without a license? |
No. A pistol license and background check are required to possess a handgun in New York State. |
Handgun Purchase Process 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. |
Basic Concealed Carry Laws: New York
USCCA — September 6, 2020
Which states' permits does New York honor?
New York will not honor any other states’ concealed carry licenses. The one exception are pistol licenses from New York City, which are valid statewide.
Which states honor permits from New York?
Note: Firearms must be carried in accordance with the laws of the state you are visiting. Be sure to check the laws of the other state before traveling there with your firearms.
New York offers resident and non-resident (part-time NY State residents or anyone principally employed or with their principal place of business in the state) licenses. If indicated with “Resident only” below, that state only honors New York resident licenses (and not those issued to non-residents).
*PC-18 = permitless carry if at least 18 years old
*PC-21 = permitless carry if at least 21 years old
Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Each state determines the requirements and any limitations on the carry of firearms. Check each state’s page for more information and any restrictions that may apply.
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. |
Fees: |
Initial License $20, varies by county Recertifications $10, varies by county |
Valid For: |
3 years |
Processing Time: |
6 months (varies greatly depending on the county) |
Application: |
|
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. |
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 152 |
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. |
Residency Changes: |
Moving to New York and interested in applying for a resident license? How soon can you apply? 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? |
How to Apply for a New York Concealed Carry License
Step 1: |
Take a handgun safety course, if required. |
Step 2: |
Download the state application and the form for your county. |
Step 3: |
Complete the forms. |
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. |
New York State has seven types of restricted pistol licenses available. The application process may differ depending on the type of license and the issuing county. A licensee may transport their handguns and ammunition in separate locked containers, directly to another residence or place of business where the licensee is authorized to possess the handgun, to and from an authorized range, shooting competition or hunting location. Transport within NYC must be continuous and uninterrupted. Premise Dwelling – Have and possess in his dwelling by a householder. Check with your local authorities for regulations specific to your county. |
As of July 1, 2022, an applicant must complete 16 hours of classroom training, two hours on a live range, and pass a written test with a score of at least 80 percent.
Find a USCCA Certified Instructor or Firearms Training Class Near You
How to Renew a New York Concealed Carry License
Step 1: |
Recertification is the responsibility of the licensee. The pistol license recertification provision of the SAFE Act was passed by the Legislature and signed into law by the Governor in 2013. Its goal is to strengthen and improve the accuracy of record keeping at both the state and local levels. Letters were sent to license holders over a year ago, reminding them of the January 31, 2018, deadline and additional reminders have been made public through the press and social media. The State Police are now working to process all recertifications and update its database. This process is expected to take between 9-12 months, after which, local licensing authorities will be provided with the updated, accurate licensing information. As the goal is compliance, the State Police will not take criminal enforcement action against individuals who have unknowingly failed to recertify, instead they will continue to accept recertifications throughout 2018. If you currently have a New York City, Nassau County, Suffolk County or Westchester County license, you must follow the requirements that are in place in your county, rather than use the New York State recertification system. |
Step 2: |
Recertification can only be done online. Paper forms are no longer accepted. |
Step 3: |
Complete the form with your updated contact information. |
Law enforcement officers (LEOs) and Retired LEOs (RLEOs) may choose to carry under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. For details check out our Federal Law Enforcement Officers Safety Act (LEOSA) page.
RLEOs who are residents of New York and have been issued retired credentials in accordance with LEOSA may be qualified by a state-certified LEOSA instructor. Residents can check with their County Sheriff’s office regarding firearms qualification as several counties provide this service.
The Dutchess County Sheriff’s Office offers RLEO qualification. Requirements include:
Rockland County also offers LEOSA firearms qualification.
Where Can I Carry a Concealed Firearm in New York? |
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Where Can't I Carry a Concealed Firearm in New York?Places off-limits even with a permit/license |
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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] |
WEAR A COVID MASK & CARRY?I can legally carry a concealed firearm in New York, but can I wear a COVID 19 protective mask while carrying concealed? |
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?Can you concealed carry while shotgun/rifle hunting in New York? |
Yes, with a New York Pistol License. |
CARRY WHILE BOW HUNTING?Can you concealed carry while bow hunting in New York? |
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] |
HUNTER HARASSMENT LAW?Is there a Hunter Harassment Law in New York? |
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. |
Date | Details |
---|---|
2022-07-06 | Updated to reflect shall-issue status since the Supreme Court ruling in NYSPRA v. Bruen. |
2021-05-18 | Added info on driver's license link to permit in At A Glance table |
2020-09-03 | Added information on Self Defense in the Summary |
2020-07-01 | Added information on wearing a COVID 19 mask while carrying concealed above the Summary |
2020-06-05 | Added info and statutory links for ammunition restrictions in At A Glance table |
2020-05-06 | Added info on handguns at hotels in At A Glance table |
2020-04-20 | Added info on handguns on private property in At A Glance table |
2020-04-06 | Added statutory link and details on private gun sales in At A Glance table |
2020-02-25 | Added info on carry in bars to the At A Glance table |
2020-02-19 | Added related blog posts with links |
2020-02-17 | Added info regarding residency changes and resulting impacts on carry permits |
2020-01-30 | Updated the knife laws and added statutory references |
2019-12-05 | Added info on handgun purchase process in At A Glance table |
2019-12-04 | Added info on whether a valid state ccw permit exempts a person from needing a background check when purchasing a firearm to the At A Glance table |
2019-11-20 | Added statutory references and links for can’t carry locations |
2019-11-04 | Added brandishing info to At A Glance table |
2019-10-15 | Added Hunter Harassment info to At A Glance table |
2019-10-01 | Added Chemical Spray/Pepper Spray to At A Glance table |
2019-09-18 | Updated info regarding extended background check periods in At A Glance table |
2019-09-09 | Added Carry While Hunting info to At A Glance table |
2019-09-05 | Update info regarding whether there is Public Access to Concealed Carry Registry in At A Glance table due to the Governor's signing of A07739 |
2019-08-26 | Updated Red Flag law info in At A Glance table |
2019-08-13 | Added anchor links to various sections below the Summary |
2019-07-30 | Updated the waiting period info in the At A Glance table based on the signing of Bill A02690 |
2019-07-26 | Added minimum age to possess and transport a handgun to At A Glance table |
2019-07-23 | Updated NYPL firearm transport info in Permit Application Process table |
2019-05-24 | Added stun gun/Taser info to At A Glance table |
2019-04-19 | Links checked |
2019-04-08 | Added Statue of Liberty to Where Can't I Carry section |
2019-03-29 | Added info on state implementation of Law Enforcement Officer Safety Act (LEOSA) |
2019-02-26 | Info about new Red Flag Law added in the At A Glance table. |
2019-02-20 | Added info to vehicle carry in At A Glance table |
2019-02-15 | Added pages for Federal Gun Laws, Traveling with Firearms & Terminology |
2019-02-09 | Added ammunition restrictions to At A Glance table |
2019-02-06 | Added red flag law info to At A Glance table |
2019-01-25 | Added church carry info to location restrictions section |
2019-01-24 | Added info about alcohol or prescription medication in At A Glance table |
2019-01-24 | Based on a member's note, the unrestricted pistol permit info was added to the permit section (thanks!) |
2019-01-10 | Mag limit added to At A Glance table |
Here at the USCCA, it is our mission to provide responsible gun owners with the tools they need to be educated and trained. Our team is constantly working to provide you with the most up-to-date and comprehensive list of self-defense laws available for every state.
If you have any questions that you don’t see answered here — let us know! Just email [email protected] and we will be sure to get your question resolved. Your feedback matters to us, and we appreciate you helping to make this page the best possible resource for responsible gun owners!
Permit numbers were obtained from the Crime Prevention Resource Center’s publication entitled, “Concealed Carry Permit Holders Across the United States.” Numbers include resident and non-resident permits for those states that issue both.
The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community, and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer.
If you have any questions regarding USCCA Membership, Delta Defense, handguns laws or the lawful process of carrying concealed, please contact the award-winning Delta Defense Customer Engagement Team.