Gun laws in New York

Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the state of New York in the United States.

New York is one of the strictest states in the nation with regards to the purchase, possession and carrying of handguns. Most of New York State gun laws are covered in two sections of New York Penal law: article 265 - Firearms and Other Dangerous Weapons; and article 400 - Licensing and Other Provisions Relating to Firearms. These sections include the banning of possession of a handgun, exemptions to the handgun ban, including to those who have a license to carry, possess, hunt with and target shoot, repair, and dispose of firearms.

New York maintains a state level prohibition against the features listed in the now defunct Federal Assault Weapons Ban. Magazines made after 1994 with a capacity in excess of 10 rounds are banned, as are rifles with two or more of the restricted features (pistol grip, bayonet lug, collapsible or folding stock, flash suppressor, and threaded barrel).

New York is a "May-Issue" state, in that the individual licensing official has wide latitude and discretion in the issuance of Pistol Licenses, and additionally, has the option of placing a variety of restrictions on the manner and purpose for which the handgun can be carried. This discretion given to local authorities creates a state-wide patchwork of local handgun licensing policies. This diversity creates a climate in which the level of restriction a New York State resident will be required to abide by will vary extremely widely depending on the attitude of the issuing authority. Even those New York State residents who are the beneficiaries of pro-gun local policies (such as 'unrestricted carry' licenses), must still obtain a New York State Pistol License, apply for a purchase document for each handgun purchased, and possess only those handguns that are specifically registered to them.

Of all the states that do issue carry pistol licenses, New York State has arguably the strictest handgun licensing policies in the nation. New York City, which is effectively a "No-Issue" jurisdiction for carry pistol licenses, has even stricter laws, including those regulating handguns exclusively kept at home.

Summary table

Subject/Law	Long guns	Handguns	Relevant statutes	Notes
State Permit to Purchase?	No	Yes
Firearm registration?	No	Yes		Long guns, only in NYC.
"Assault weapon" law?	Yes	Yes		More restrictive NYC version of the expired Federal law.
Owner license required?	Varies	Yes		Licensing is required for long guns in NYC.
Carry permits issued?	Yes	Yes		In some localities a carry permit is de facto "No-issue" (see below)
State Preemption of local restrictions?	Yes	Yes
Peaceable Journey laws?	Yes	Yes		With certain restrictions (see below)

Overview of handgun licensing

The purchase of a handgun in New York State is limited to only those individuals who hold a valid Pistol License issued by a county or major city within New York State and present to the seller a purchase document, issued by the licensing authority, with the specific make, model, caliber and serial number of the handgun indicated on the document. The possession of a handgun in New York State is limited only to those individuals who hold a valid Pistol License and are in possession of a registered handgun (one that appears on the license, indicating the specific make, model, caliber and serial number of the handgun). The carry of a handgun in New York State is limited only to those individuals who hold a valid Pistol License, possess a registered handgun, and are carrying said handgun in compliance with the restrictions as they appear on the license and other applicable state and federal law.

New York State pistol licenses are not issued to out-of-state or part-time residents. New York does not honor licenses or permits from any other states, though some states will recognize New York licenses without a formal agreement. There are no provisions for an out-of-state handgun owner (other than on- or off-duty law enforcement, on-duty military or non-resident business owners with a NYS Pistol License) to carry a handgun within New York State. A pistol license is required to physically examine a handgun for purchase at a gun store or gun show.

Application

Application for a handgun license is through the individual's county or major city of primary residence, usually the police/sheriff's department, or a separate licensing authority (i.e. "The County Pistol Clerk"). After initial approval on the county level, the application is then passed on to the New York State Police for further approval. As part of the application process, the applicant will be required to ask friends or associates to act as personal references. These individuals may be required to fill out forms, varying in length by county, attesting to the applicant's 'good character.' Pistol licenses can take from less than four months to more than six months for approval, even though N.Y. law allows the licensing authorities no more than six months to process a license.

Types of licenses/restrictions

In addition to laws pertaining to the entire state of New York, there are additional laws and statutes pertaining to licensing and permits in some of the major cities of the state. Cities with stricter laws include Albany, Buffalo, Rochester and New York City. Pistol licenses are generally of two types: carry or premises-only. "Premises-only" is the most common license issued in New York City and is supposed to be "Shall-Issue." Restrictions can be placed on either of the above types of licenses; for example, many jurisdictions allow handgun license holders to carry handguns only while hunting (i.e. sportsman's license) and/or traveling to and from the range (i.e. target license). These restrictions, however, are administrative in nature; carrying a licensed, registered handgun outside of the restrictions indicated on a pistol license should result in administrative (suspension, revocation) penalties only.

Regional/cultural differences throughout the state

Restrictions on New York State handgun licenses vary greatly from jurisdiction to jurisdiction. In contrast to "no carry" New York City, and some counties which only issue "to and from target shooting and hunting" licenses, many upstate New York counties issue unrestricted Pistol Licenses that allow unrestricted concealed carry of a loaded handgun (except for important exceptions such as schools, court houses/rooms, secure areas of airports). An unrestricted carry license is the only New York State carry Pistol License that allows armed self-defense as a primary reason for carrying a handgun.

Some of the most rural upstate counties (such as Delaware County) specifically do not enforce the vague "concealed" language in New York State's licensing law, effectively allowing open carry of a licensed handgun. Paradoxically, except for visiting New York City (which does not recognize any other county or city's license), the restrictions (or lack thereof) as they appear on the license stay with the license as the individual travels from county to county within the state. For example, the holder of a Delaware County pistol license (unrestricted carry) can carry his concealed handgun into a restaurant in Suffolk County, while his Suffolk County friend cannot. Not all of the most pro-gun counties of New York are particularly far from New York City either; many tourists getting away from New York City for a weekend trip to the country have been quite surprised at the prevalence of openly carried firearms of all types, only several hours from home.

This dichotomy in New York State handgun license policies (upstate rural/downstate urban) is an outgrowth of two specific cultural forces: the strength of home rule in New York State, and the tradition of the various hunting seasons in the rural counties.

New York City

Residents of New York City who wish to obtain a pistol license must apply through the New York Police Department License Bureau at One Police Plaza in lower Manhattan. The choice of licenses are: Unrestricted Concealed Carry License (for personal self defense, generally considered off-limits to an average citizen), Restricted Business Carry License, Restricted Target License and Restricted Premises-only License.

NYC Unrestricted Concealed Carry Licenses are valid throughout the rest of the state. Security Guards and business people who regularly carry valuables may be issued a Restricted Business Carry License which is valid only while conducting the business specifically as it was described, in great detail, on the application for the license. NYC target or premises-only licenses are the licenses issued to average citizens who cannot show a need for self defense greater than any another average citizen. They are clearly marked: RESTRICTED - NOT FOR CARRY and require the licensee to obtain special permission from the NYPD License Bureau to leave the city with the handgun. Most licenses issued in New York City are for on-premises possession only, for self-defense within the home or business. Transporting the handgun (via a locked-box) to and from a target range must be done according to a strictly limited schedule pre-approved by the NYPD Licensing Bureau. NYC target licenses allow carrying to and from the range within a "locked-box" at any time at the discretion of the licensee, but prohibit the possession of the licensed handgun in a loaded condition within the home, thereby prohibiting use for self-defense within the home or business. Applicants for, and holders of, a NYC target license must be members of an NYPD License Bureau-approved target range within NYC at the time of application for the license. Traveling through New York City with a license issued from another jurisdiction within New York State must be done carefully (locked box, in vehicle's trunk, no unnecessary stops).

Rifles and shotguns, antique handguns

Rifles and shotguns do not have to be registered in any jurisdiction within New York State except for New York City. New York City requires registration and has additional restrictions such as they cannot take a detachable magazine having a capacity greater than five rounds. Laws pertaining to the handling of rifles and shotguns are in sharp contrast to those of handguns. For example, licensed carry of a handgun on one's person allows the handgun to be fully loaded, including within an automobile, while visiting a place of business or while crossing a public road while hunting. A rifle or shotgun cannot be kept loaded in any of the above circumstances except for a self defense emergency. Antiques and replica handguns must be registered to be legally loaded and fired.

Non-resident travel through N.Y.

Traveling through New York State while possessing any handgun, for any purpose, without a New York State pistol license, is legally risky. New York State law does include a very limited exception for passing through the state for target competition purposes, "by a person who is a member or coach of an accredited college or university target pistol team" and "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within 48 hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within 48 hours of such event."

Federal protections

New York State is of particular concern to interstate motorists who travel with firearms, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms are protected by federal law, however they must have their firearms unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle). They can never be in possession of a high capacity feeding device made post-ban.

People have been arrested for having an unregistered handgun when flying out of N.Y. airports. In 2005, Gregg C. Revell was traveling through Newark Airport, but because of a missed flight, he was given his luggage, which included a properly checked firearm, and he was forced to spend the night in New Jersey. When he returned to the airport the following day and checked his handgun, he was arrested for illegal possession. Mr. Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey, held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey." This opinion will apply to N.Y. airports. If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you can not take possession of the firearm if you are taking a later flight.

Miscellaneous laws

Gun Shows: New York State requires that anyone buying a gun at a gun show must have a background check done.

Youth and Firearms: Youths between ages 14 and 21 may shoot a handgun at a range as long as several simple requirements are met.

State 'Assault Weapons' Ban: New York State has a ban that is an almost exact mirror of the Federal Assault Weapons Ban, except that it does not have a sunset provision.

Cross Registration of Handguns: Some counties limit who can register a handgun on their license, with some allowing cross registration of a handgun from any other licensee, to licensed family members only, to no handgun can be cross registered. N.Y. law does not address this issue. Sharing use of a handgun not listed on your license is only allowed at a certified range with the licensed handgun owner present.

Examples of Local Laws: New York City, for example, limits the color of all guns and bans any BB Guns, paint ball guns and pellet guns. Yonkers requires a handgun license before you ask for a license to own a BB/Pellet handgun.

Renewal Fees: Periodic renewal fees, even on restricted carry licenses like NYC's $340 for a three-year license, are highly prohibitive as well. Nassau, Suffolk, Westchester and several other suburban counties are slightly less prohibitive, allowing a highly restricted "to and from the range only" form of concealed carry.

Periodic Renewal if Licenses: Most counties in N.Y. issue "lifetime" licenses. Elsewhere than in the City of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver shall be in force and effect until revoked. Renewable licenses vary in cost and last from the 3-year New York City's license to five years in the other counties, with New York City's license costing $340 every three years.