New York Gun Laws
Get the Latest Facts on Gun Laws in New York
Updated February 19, 2020:
Updated April 6, 2019:
Mark Woodward
Mark Woodward
Mark Woodward
On the other side rural counties tend to have a more permissive attitude towards gun laws. Applications for a pistol permit are filed at the police or sheriff’s department and can take 4-6 months for approval, some counties are reporting a wait of 14 months. Only handguns listed on the license can be used and all firearms must be registered with the State Police.
Quick facts
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New York Reciprocity Map
- Issuing State
- NY license honored
- NY license not honored
- Residential license only
- Issuing State
- NY license honored
- NY license not honored
- Residential license only
The research
- New York reciprocity guide for CCW licenses.
- Overview of the New York pistol license
- Requirements to qualify for a New York pistol license
- How to apply for a New York pistol license
- How to renew your New York pistol license
- Schedule of fee's for a New York pistol license
- Essential forms for a New York pistol license
- Guide to transporting-firearms through New York
- Off-limit places in New York for carrying a firearm.
- New rules for re-certification of licenses.
- New York gun laws & statutes you need to know.
- New York licensing offices
- FAQ on New York gun laws
- Sources
New York reciprocity guide for CCW licenses
New York will not honor any other states concealed carry license. The one exception is a pistol license from New York City which are valid state wide.
New York will not honor any other states concealed carry license. The one exception is a pistol license from New York City which are valid state wide.
Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Wisconsin
States
None
Districts & Territories
New York City
California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Hampshire, New Mexico, New York City, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Washington, West Virginia, Wyoming.
Overview of the New York pistol license
- Issue policy - May Issue
- Issued to - Residents only
- License Fee - $20 varies between counties
- License Valid - 5 years to lifetime
Pistol license Overview
Applications for a Pistol license are made in the persons County or City of residence to the sheriff or police department or in some cases a separate licensing authority. Most licensing authorities are usually a county judge or sometimes a supreme court judge.
Applicants will be required to supply with their application four personal references from persons that are not related to them.
There are several types of pistol license available but generally the most common types 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 travelling to or from target practice.
Non-Resident Licenses
Generally non-residents are not issued pistol permits. However, in 2013 the New York Appeals Court ruled in Osterweil v. Bartlett, 999 N.E.2d 516, that part time residents in New York are eligible for pistol permits under the state laws.
New York Non-Resident License is valid in:
AK, AL, AR, AZ, IA, ID, IN, KS, KY, MO, MS, MT, NC, NY, OH, OK, SD, TN, TX, UT, VA, VT, WI
NY Penal Code 400 4. - Applications.
(a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper; and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located.
Handgun Training
The requirement to complete a handgun safety course for a new pistol license applications varies with various counties. Some require no training while other counties may ask you to complete a 4 or 8 hour course.
Types of pistol licenses available
As listed in Section 400.00 2. - New York Penal Code
- (a) Premise Dwelling – Have and possess in his dwelling by a householder.
- (b) Premise Business – Have and possess in his place of business by a merchant or storekeeper.
- (c) Bank or Express Messenger – Have and carry concealed while so employed by a messenger employed by a banking institution or express company.
- (d) Justice of The Supreme Court 1st or 2nd Judicial Dept. or Judge of NYC Civil or Criminal Court – Have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York City civil court or the New York City criminal court.
- (e) Employee Of Corrections – Have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefore by such commissioner, warden, superintendent or head keeper.
- (f) Proper Cause – Have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof.
- (g) Antique Pistols – Have, possess, collect and carry antique pistols which are defined in section 400.00 subd. 2(i)(ii)(1)(2).
Licensing officers
Contacting the licensing officer in the county you intend to apply for a license in and asking what the procedure is should be the first thing you do as the procedure will be different in every county.
There are 55 licensing jurisdictions out of a total of 59 that issue a pistol license through the court system, a judge serves as the licensing officer. It is left to the local Police to conduct any background checks.
In the other jurisdictions, Nassua, Suffolk Counties and New York City, the role of licensing officer is assigned to the Police Commissioner or Sheriff.
Requirements to qualify for a New York pistol license
- Must be 21 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.
- Some counties may require you to complete a firearms safety course.
- Reside or maintain a principal place of business within the county application is filed in.
- Be of good moral character.
- Is not subject to a protective court order.
- Show proper cause exists for the issuance of a carry license, including, for example, target shooting, hunting, or self-defense.
- Have no prior conviction for a felony or other serious offense under NYS Penal Law.
- No good cause exists for the denial of the license.
- Not be residing in the United States illegally or unlawfully.
- Not have been admitted to the United States under a non-immigrant visa.
- Have not been convicted of a misdemeanor crime of domestic violence.
- Have not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs.
- Be free from any mental disorders, defects or diseases that would impair his or her ability to safely possess or use a firearm.
- Have not been involuntarily committed to a facility under the jurisdiction of the department of mental hygiene.
- Have not had a license revoked or who is not under a suspension or ineligibility order.
- Federal Law Requirements
How to apply for a New York pistol license
Follow these steps to obtain a pistol license;
There are so many laws and regulations in New York regarding guns and licenses that obtaining a permit can be a long process. There are 59 licensing jurisdictions and each one has a slightly different procedure. We have used Erie County as an example but the process will vary with each county.
- You may need to do a handgun safety course in some counties.
- Download the State application in the forms section on this page. You will need the State form and a County form, we only have the State form available.
- You will need four character references and two 2" x 2" photos.
- You must submit the applications in person.
- The Fingerprinting process is explained and done after you submit your application.
- You will undergo various background checks by New York State, FBI and an interview by local police.
- Your Application is then submitted to one of the Licensing Judges for consideration.
- You will be notified by mail of your approval or denial.
- If approved, you can purchase and/or co-register a handgun.
Non-Residents
More counties are now issuing CCW licenses to non-residents. In fact in 2013 the US Court of Appeals ruled that a non-resident was entitled to a license, though the person in question lived part time in New York.
400.00.3 New York Penal Code - Non-resident permits
How to renew your New York pistol license
Renewal procedures vary for each of the 59 licensing jurisdictions.
Licenses valid for - 5 years
Nassua, Suffolk and Westchester counties
Licenses valid for - 2 years
New York City
Licenses valid for - Lifetime
Most other counties
Recertification
All handgun licenses in New York state now need to be re-certified every five years with the New York State Police.
- You will need to provide the following information every 5 years;
- Date of Birth
- Gender
- Race
- Address
- Social Security number
- Firearms possessed
- If you do not supply this information then after 5 years your license will be invalid and you will need to apply for a new license.
- Recertification applies to all counties and types of handgun licenses including lifetime licenses.
- All the counties located upstate with the exception of Westchester have a lifetime license.
Schedule of fee's for a New York pistol license
Fees vary for each county but are similar to the fees listed here.
| Application Type | Original | Renewal |
|---|---|---|
| Individual | $20 | $10 varies by county |
| Duplicate | $18 | |
| Name, Address change | $3 | |
| County transfer | $8 |
Acccepted forms of payment
Certified check, cashiers check or money order.
Note
An additional fee of $10 may be charged for processing your fingerprints.
Essential forms for a New York pistol license
All the forms you need for a New York pistol license can be found here. The processing times vary greatly depending on what county the form is filed in.
Guide to transporting firearms through New York
Transporting firearms through New York can be a risky business. People have been arrested at airports in New York just for declaring they had a firearm.
We advice you to take extreme caution when transporting any handgun through New York state.
Airports
If you do not have a valid New York Pistol License and try to transport a firearm through a New York airport the chances are good that you will be arrested, even if the firearm is encased correctly and declared.
You cannot rely on the Federal Firearm Owners Protection Act to protect you at airports, it is only valid when traveling in a vehicle. This was confirmed in 2013 when the US court of Appeals, Third Circuit, ruled in case No. 12-3621 that the federal Firearm Owners Protection Act, section 926A of Title 18 does not protect persons travelling through an airport. So if you do not have a New York pistol license then our advice is not to attempt taking any weapon through a New York airport. If you have watched the video on this page then you will see what the consequences are for persons without a New York license.
Traveling by vehicle
Federal Law
Even transporting a firearm by vehicle through New York state can be risky if you do not have a New York firearms license. We rely on the federal Firearm Owners Protection Act (FOPA) to protect us on interstate travel. But there have been cases where the New York Police have arrested persons who had fully complied with the law, the police simply ignored the federal law. The New York State Police and the New York police Department do not recognize the FOPA and will arrest travelers passing through the state even if they have complied with the law. They will leave it up to the courts to sort out. This means you could end up in a jail cell for a few days waiting for the courts to release you.
So how can we avoid that? You could try taking a copy of the FOPA, (Title 18, Part 1, Chapter 44 926A) with you to show any officers if you were stopped. But in my opinion they would be to busy to read it or not even understand the law if they did read it, after all they are not lawyers. And if they have been instructed to ignore the FOPA then no amount of debate with them will help you.
New York city
warning
warning
Note
Caution
Off-limit places in New York for carrying a firearm
- Places listed as off limits apply even if you have a New York pistol license.
- New York City is off limits for NY state license holders unless they are given a special endorsement by the city.
Off-limits
- Courthouses
- Government buildings – in certain cities and counties
- New York airports
- Building or grounds, used for educational purposes, of any school, college, or university
- Within the city of New York unless a special permit granting validity is issued by the police commissioner of that city
- At any facility operated or licensed by the Office of Mental Health
- Any place where the carrying of firearms is prohibited by Federal Law.
Allowed
- Forestry lands, owned and maintained by the State University of New York College of environmental science and forestry
- All areas of the state - except those listed as Off-Limits.
New rules for re-certification of licenses
Overview
Recertification of New York Pistol Licenses is now required with the introduction of the New York Secure Ammunition and Firearms Enforcement Act also known as the NY SAFE Act. The law was enacted in January 2013 in response to the shooting at Sandy Hook Elementary School. The recertification provision was just one of many that as the Governor claimed gave New York the toughest gun laws in the country.
DEADLINE
Requirements
You will need to check the date when your Pistol License was issued. If it was more than 5 years ago then your permit will become invalid on January 31, 2018. Please take note of the following;
- All holders of a New York Pistol License are now required to re-certify their license every 5 years.
- This applies to all types of handgun licenses including those issued for a lifetime with no expiry date.
- Failure to re-certify your pistol license will result in it becoming invalid if it has been more than 5 years since it was issued.
- You should receive notification in the mail that you need to re-certify.
- If you receive no letter for recertification that cannot be used as an excuse for not re-certifying your license.
- It is the responsibility of the license holder to know when their license expires
How recertification works
You can re-certify you pistol license online or by mailing in a form. The online process also allows you to check the status of your re-certification.
Online
Visit the state recertification website and follow the online guide. You will need a state drivers license or ID card and the last four digits in your social security number.
Mail
Download the form in our forms section. Fill out the details and mail to;
Pistol Permit Bureau,
Building 22, 1220 Washington Avenue,
Albany, New York 12226-2252
Status Check
Go here to obtain a status report on your New York license recertification.
Counties with different procedures
The following counties cannot use the state recertification system;
- New York City
- Nassua County
- Suffolk County
- Winchester County.
You will need to re-certify through the county your license was issued in.
- All pistol licenses, including lifetime licenses must now be renewed every five years.
- Failure to renew your license will render it invalid and leave you liable to prosecution if you continue to carry a handgun.
New York gun laws & statutes you need to know
Summary table
| Subject | Handguns | Long Guns | Notes |
|---|---|---|---|
| Carry permit required | Yes | No | Policy is May Issue. Generally it is harder to obtain a permit closer to big NY cities. |
| Purchase permit required | Yes | No | Outside New York city, Suffolk and Nassau counties permits to purchase a handgun are issued by County or State Supreme Court Judges. |
| Registration of firearm | Yes | No | It is illegal to possess an unregistered handgun. |
| Open carry allowed | No | Yes | Carry permit holders must carry their handgun concealed. |
| Background checks on private gun sales required | Yes | Yes | Must be through a licensed dealer. |
| Magazine size restriction | Yes | Yes | Limited to 10 rounds. |
Rating of gun laws
New York gun laws you need to know
Vehicle carry
NO
It is illegal to possess a loaded firearm in any motor vehicle without a valid New York License to Carry. However, federal law does permit a person to transport a firearm through New York state. We suggest you read the Transporting Firearms section on this page for more details and would not recommend you to rely on the Federal law in this state.
If you have a New York pistol license then you can carry a loaded concealed handgun in a vehicle.
Open carry
NO
There are no laws in New York statutes that mention open carry. Technically you could say it is legal by default. You may get away with it in some rural counties but if you try to open carry in town you will get a whole lot of problems. You could also raise the argument that a license is issued to conceal carry, hence the weapon must be concealed.
To carry any firearm in New York you need a New York license.
GunsToCarry recommends you do not open carry in New York state.
Must inform officer
NO
There is no legal requirement to inform law enforcement you are carrying a handgun. However, the law does state you must carry your pistol license at all times when you have a handgun on your person and you must display the license to an officer if he requests to see your license.
N.Y. Pen. Law § 400.00
State park carry
NO
It is illegal to carry in the following areas;- State Parks: NO - Section 190 Dept. Lands
- State/National Forests: NO - Section 190 Dept. lands
- State Wildlife Management Areas: NO - Section 190 Dept. lands
- Road Side Rest Areas: NO - 17 CRR-NY IV C 156.12
No gun signs enforced
?
We have not been able to find any statutes on gun signs in New York.. Gunstocarry recommends that you follow any gun signs whether they are backed up by the law or not.
Restaurant carry
YES
"Yes" or "No" states if you can carry in a restaurant that serves alcohol. Some restaurants may be posted with "NO GUN" signs. Check with the staff if this means just the bar area. If we have indicated a "Yes" then it should be legal to have a meal without drinking alcohol.
Constitutional carry
NO
New York does not have constitutional carry.
A well regulated militia beng necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
Off-limit statutes
Criminal Possession of a Weapon in The Second Degree.
A person is guilty of criminal possession of a weapon in the second degree when:
- (1) with intent to use the same unlawfully against another, such person:
- (a) possesses a machine-gun; or
- (b) possesses a loaded firearm; or
- (c) possesses a disguised gun; or
- (2) such person possesses five or more firearms; or
- (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business. Criminal possession of a weapon in the second degree is a class C felony.
Public Campgrounds
a. Applicability. The following sections of this Part apply to persons using public campgrounds under the jurisdiction of the department unless specified otherwise in this section: 190.0, 190.1, 190.2, 190.8 and 190.9. The following additional requirements apply to public campgrounds and in the event of a conflict, these specific regulations will control:
3. Firearms may be possessed on the public campground only during the spring and fall hunting seasons. Unless otherwise posted, no discharge of firearms is permitted.
c. At Lake George Battlefield Park, the following additional regulations apply:
1. Hunting, trapping or possessing firearms on any portion of the Lake George Battlefield Park is prohibited at all times.
e. No person, other than employees of the department, State Police and police officers, shall possess, carry, discharge or use firearms, ammunition, explosives or explosive substances or fireworks on the area, except that during the small game and big game hunting seasons, provided for by law, firearms and bows and arrows may be possessed and discharged.
Foot Trail Easements--Adirondack Mountain Reserve
c. Prohibitions.
- No person shall enter upon trails 1 through 24 located on the Adirondack Mountain Reserve for purposes other than access to and egress from adjacent State-owned lands or hiking on these trails.
- No person shall carry firearms on Adirondack Mountain Reserve foot trail easements except at such times and on such trails as are hereinafter specified.
- No person shall carry a firearm or be accompanied by a person carrying a firearm under any circumstances when using Trails 2, 4, 5, 7, 11, 12, 13, 14, 15, 18, 19, 20 and 21.
- No person shall carry a firearm or be accompanied by a person carrying a firearm when using Trail 1, 3, 6, 8, 9, 10, 16, 17, 22, 23 or 24 except during such part of the annual Big Game and Small Game Seasons in the Northern Zone as shall occur from October 15th through December 15th and from January 15th through March 15th.
- No person shall carry a firearm when otherwise permitted unless said firearm is unloaded and either securely fastened in a case or taken down as defined in section 180.3 of this Title.
Other CCW statutes
Licenses to carry, possess, repair and dispose of firearms.
1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant
- (a) 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;
- (b) Be of good moral character.
- (c) who has not been convicted anywhere of a felony or a serious offense;
- (d) who is not a fugitive from justice;
- (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802;
- (f) who being an alien
- (i) is not illegally or unlawfully in the United States or
- (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions;
- (h) who, having been a citizen of the United States, has not renounced his or her citizenship;
- (i) who has stated whether he or she has ever suffered any mental illness;
- (G) Be at least 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.
- (H) Who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section 842(a) of the family court act.
- (I) Anyone who has not been convicted of a misdemeanor crime of domestic violence.
- (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law;
- (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act;
- (l) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that:
- (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm; and
- (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test;
- (m) who has not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs; and
- (n) concerning whom no good cause exists for the denial of the license. No person shall engage in the business of gunsmith or dealer in firearms unless licensed pursuant to this section. An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and maintain a place of business in the city or county where the license is issued. For such business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set forth in this subdivision and if the applicant is a corporation, each officer thereof shall so comply.
(a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper; and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located.
6. License: validity. Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. No license shall be transferable to any other person or premises. A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, 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. Such license to carry or possess shall be valid within the city of New York in the absence of a permit issued by the police commissioner of that city, provided that
- (a) the firearms covered by such license have been purchased from a licensed dealer within the city of New York and are being transported out of said city forthwith and immediately from said dealer by the licensee in a locked container during a continuous and uninterrupted trip; or provided that
- (b) the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted; or provided that
- (c) the firearms covered by such license are carried by armored car security guards transporting money or other valuables, in, to, or from motor vehicles commonly known as armored cars, during the course of their employment; or provided that
- (d) the licensee is a retired police officer as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law or a retired federal law enforcement officer, as defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as defined in subdivision ten of section 265.00 of this chapter; provided, further, however, that if such license was not issued in the city of New York it must be marked "Retired Police Officer" or "Retired Federal Law Enforcement Officer", as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons; or provided that
- (e) the licensee is a peace officer described in subdivision four of section 2.10 of the criminal procedure law and the license, if issued by other than the city of New York, is marked "New York State Tax Department Peace Officer" and in such case the exemption shall apply only to the firearm issued to such licensee by the department of taxation and finance. A license as gunsmith or dealer in firearms shall not be valid outside the city or county, as the case may be, where issued.
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that
- (A)Has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, OR
- (C) Is obtained after the effective date of the chapter of the Laws of two thousand thirteen which amended this subdivision and has a Capacity of, or that can be readily restored or converted to accept, More than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and Capable of operating only with, .22 caliber rimfire ammunition or a Feeding device that is a curio or relic.
15. "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.
Section 40. Powers of certain state officers and agencies.
41. Waiver of type, weight and size limitations for certain vehicles.
42. Contracts for research work in health matters related to the defense emergency.
43. Emergency health and sanitation areas.
44. Emergency measures to protect milk supply.
46. Production and sale of prison-made articles and materials essential to the defense effort.
§ 40. Powers of certain state officers and agencies. Nothwithstanding the provisions of any law, for the purpose of providing during the defense emergency (a) for unanticipated or emergency needs for the protection of the safety and health of the people of the state in the event of attack, or (b) for the mobilization and efficient utilization of all of the resources and facilities in the state in aid of the defense effort, or (c) for the orderly conduct of public or private affairs in a manner consistent with the requirements of the defense effort, the following officers or agencies of the state shall have power to take action or to adopt, promulgate and make effective plans, regulations or orders, consistent with the provisions of this act and with any actions taken or plans, regulations or orders adopted and promulgated by the council, with respect to the following matters:
3. The industrial commissioner shall have such power with respect to safety and record of manufacture, sale, possession, use or ownership of fireworks or explosives and the manufacture and transportation of firearms, but such powers shall not apply to the personal possession, use or ownership of firearms and ammunition therefor.
Article 6
Closing or Restricting Use of Highways; Posting of Property
Section 80. Definitions. As used in this article the following terms shall mean and include:
- "Highway." Any private or public highway, street, way, waterway, or other place used for travel.
- "Commissioner." The state commissioner of transportation.
§ 81. Petition to close or restrict use of travel upon highways or to post property.
- (a) Any agency of the United States engaged in or concerned with the defense effort,
- (b) any agency of the state,
- (c) the chief executive officer or the governing body of any political subdivision of the state or
- (d) an individual, partnership, association or corporation using or preparing to use real property in connection with the operation of a public utility, an airport, a dock, or a wharf, or the manufacture, transportation, distribution or storage of explosives, firearms, inflammable liquids, gas, oil, coal, electricity, water or any product to be used in the defense effort by this state, of any state of the United States, or a political subdivision, by the United States or any associated power thereof, may petition the commissioner for an order to close or to direct the appropriate official or body to close to public use and travel and to restrict public use and travel upon, any highway or part thereof or to post property, on which such use and travel or entrance by the general public is deemed dangerous to the public safety and security or to the defense effort, or to the safety of property of the petitioner.
Miscellaneous laws
PRIVATE SALES
All private handgun sales must be processed through a licensed firearms dealer. The dealer is required to run a background check on the purchaser and then to provide documents relating to the check to the New York State Police. Furthermore, the purchaser must have a valid New York pistol license, a purchase document, and the handgun must be purchased within New York state.
It is a crime to transport a handgun purchased outside New York state into New York. The only legal way you can do this is to have a licensed dealer in another state ship the handgun to a dealer in New York state. This way you can obtain a receipt from the New York dealer and then register the handgun with the New York Police. The seller is required to visit the pistol permit office to have the sold handgun removed from their license. A receipt of the sale from the dealer will be required. We advice you to keep all documents relating to the sale or purchase of handguns just in case the weapon turns up at a future crime scene. You will need the following to buy a handgun;
- New York Pistol License.
- Purchase document for each handgun.
You can only possess handguns registered with the state.
PURCHASE DOCUMENTS
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 has on it the make, model, type, caliber and serial number of the firearm plus confirmation the purchaser has passed a NCIS background check.
Purchase documents are valid for 20 days and the firearm must be presented to the state licensing unit within that period for inspection and so it can be entered onto the database.
PREEMPTION
There is partial state preemption over laws relating to handguns in New York and no preemption by the state over long guns. Some counties, New York City, Albany, Rochester and Buffalo have enacted more restrictive gun laws for long guns and magazine limits.
Take a quiz to see what you know.
New York licensing offices
Erie County Clerks Office
Contact
Address 92 Franklin St.
CityBuffalo, NY 14202
Phone (716) 858-6600
Hours
Monday – Friday 9am – 5pm
Saturday Closed
Sunday Closed
Frequently asked questions on New York gun laws
The application for a concealed carry license must be processed within 180 days of the application being received.
The research
New York will not honor any other states concealed carry license. The one exception is a pistol license from New York City which are valid state wide.
Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Wisconsin
States
None
Districts & Territories
New York City
California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Hampshire, New Mexico, New York City, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Washington, West Virginia, Wyoming.
- Issue policy - May Issue
- Issued to - Residents only
- License Fee - $20 varies between counties
- License Valid - 5 years to lifetime
Pistol license Overview
Applications for a Pistol license are made in the persons County or City of residence to the sheriff or police department or in some cases a separate licensing authority. Most licensing authorities are usually a county judge or sometimes a supreme court judge.
Applicants will be required to supply with their application four personal references from persons that are not related to them.
There are several types of pistol license available but generally the most common types 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 travelling to or from target practice.
Non-Resident Licenses
Generally non-residents are not issued pistol permits. However, in 2013 the New York Appeals Court ruled in Osterweil v. Bartlett, 999 N.E.2d 516, that part time residents in New York are eligible for pistol permits under the state laws.
New York Non-Resident License is valid in:
AK, AL, AR, AZ, IA, ID, IN, KS, KY, MO, MS, MT, NC, NY, OH, OK, SD, TN, TX, UT, VA, VT, WI
NY Penal Code 400 4. - Applications.
(a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper; and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located.
Handgun Training
The requirement to complete a handgun safety course for a new pistol license applications varies with various counties. Some require no training while other counties may ask you to complete a 4 or 8 hour course.
Types of pistol licenses available
As listed in Section 400.00 2. - New York Penal Code
- (a) Premise Dwelling – Have and possess in his dwelling by a householder.
- (b) Premise Business – Have and possess in his place of business by a merchant or storekeeper.
- (c) Bank or Express Messenger – Have and carry concealed while so employed by a messenger employed by a banking institution or express company.
- (d) Justice of The Supreme Court 1st or 2nd Judicial Dept. or Judge of NYC Civil or Criminal Court – Have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York City civil court or the New York City criminal court.
- (e) Employee Of Corrections – Have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefore by such commissioner, warden, superintendent or head keeper.
- (f) Proper Cause – Have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof.
- (g) Antique Pistols – Have, possess, collect and carry antique pistols which are defined in section 400.00 subd. 2(i)(ii)(1)(2).
Licensing officers
Contacting the licensing officer in the county you intend to apply for a license in and asking what the procedure is should be the first thing you do as the procedure will be different in every county.
There are 55 licensing jurisdictions out of a total of 59 that issue a pistol license through the court system, a judge serves as the licensing officer. It is left to the local Police to conduct any background checks.
In the other jurisdictions, Nassua, Suffolk Counties and New York City, the role of licensing officer is assigned to the Police Commissioner or Sheriff.
- Must be 21 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.
- Some counties may require you to complete a firearms safety course.
- Reside or maintain a principal place of business within the county application is filed in.
- Be of good moral character.
- Is not subject to a protective court order.
- Show proper cause exists for the issuance of a carry license, including, for example, target shooting, hunting, or self-defense.
- Have no prior conviction for a felony or other serious offense under NYS Penal Law.
- No good cause exists for the denial of the license.
- Not be residing in the United States illegally or unlawfully.
- Not have been admitted to the United States under a non-immigrant visa.
- Have not been convicted of a misdemeanor crime of domestic violence.
- Have not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs.
- Be free from any mental disorders, defects or diseases that would impair his or her ability to safely possess or use a firearm.
- Have not been involuntarily committed to a facility under the jurisdiction of the department of mental hygiene.
- Have not had a license revoked or who is not under a suspension or ineligibility order.
- Federal Law Requirements
Follow these steps to obtain a pistol license;
There are so many laws and regulations in New York regarding guns and licenses that obtaining a permit can be a long process. There are 59 licensing jurisdictions and each one has a slightly different procedure. We have used Erie County as an example but the process will vary with each county.
- You may need to do a handgun safety course in some counties.
- Download the State application in the forms section on this page. You will need the State form and a County form, we only have the State form available.
- You will need four character references and two 2" x 2" photos.
- You must submit the applications in person.
- The Fingerprinting process is explained and done after you submit your application.
- You will undergo various background checks by New York State, FBI and an interview by local police.
- Your Application is then submitted to one of the Licensing Judges for consideration.
- You will be notified by mail of your approval or denial.
- If approved, you can purchase and/or co-register a handgun.
Non-Residents
More counties are now issuing CCW licenses to non-residents. In fact in 2013 the US Court of Appeals ruled that a non-resident was entitled to a license, though the person in question lived part time in New York.
400.00.3 New York Penal Code - Non-resident permits
Renewal procedures vary for each of the 59 licensing jurisdictions.
Licenses valid for - 5 years
Nassua, Suffolk and Westchester counties
Licenses valid for - 2 years
New York City
Licenses valid for - Lifetime
Most other counties
Recertification
All handgun licenses in New York state now need to be re-certified every five years with the New York State Police.
- You will need to provide the following information every 5 years;
- Date of Birth
- Gender
- Race
- Address
- Social Security number
- Firearms possessed
- If you do not supply this information then after 5 years your license will be invalid and you will need to apply for a new license.
- Recertification applies to all counties and types of handgun licenses including lifetime licenses.
- All the counties located upstate with the exception of Westchester have a lifetime license.
Fees vary for each county but are similar to the fees listed here.
| Application Type | Original | Renewal |
|---|---|---|
| Individual | $20 | $10 varies by county |
| Duplicate | $18 | |
| Name, Address change | $3 | |
| County transfer | $8 |
Acccepted forms of payment
Certified check, cashiers check or money order.
Note
An additional fee of $10 may be charged for processing your fingerprints.
All the forms you need for a New York pistol license can be found here. The processing times vary greatly depending on what county the form is filed in.
Transporting firearms through New York can be a risky business. People have been arrested at airports in New York just for declaring they had a firearm.
We advice you to take extreme caution when transporting any handgun through New York state.
Airports
If you do not have a valid New York Pistol License and try to transport a firearm through a New York airport the chances are good that you will be arrested, even if the firearm is encased correctly and declared.
You cannot rely on the Federal Firearm Owners Protection Act to protect you at airports, it is only valid when traveling in a vehicle. This was confirmed in 2013 when the US court of Appeals, Third Circuit, ruled in case No. 12-3621 that the federal Firearm Owners Protection Act, section 926A of Title 18 does not protect persons travelling through an airport. So if you do not have a New York pistol license then our advice is not to attempt taking any weapon through a New York airport. If you have watched the video on this page then you will see what the consequences are for persons without a New York license.
Traveling by vehicle
Federal Law
Even transporting a firearm by vehicle through New York state can be risky if you do not have a New York firearms license. We rely on the federal Firearm Owners Protection Act (FOPA) to protect us on interstate travel. But there have been cases where the New York Police have arrested persons who had fully complied with the law, the police simply ignored the federal law. The New York State Police and the New York police Department do not recognize the FOPA and will arrest travelers passing through the state even if they have complied with the law. They will leave it up to the courts to sort out. This means you could end up in a jail cell for a few days waiting for the courts to release you.
So how can we avoid that? You could try taking a copy of the FOPA, (Title 18, Part 1, Chapter 44 926A) with you to show any officers if you were stopped. But in my opinion they would be to busy to read it or not even understand the law if they did read it, after all they are not lawyers. And if they have been instructed to ignore the FOPA then no amount of debate with them will help you.
New York city
warning
warning
Note
Caution
- Places listed as off limits apply even if you have a New York pistol license.
- New York City is off limits for NY state license holders unless they are given a special endorsement by the city.
Off-limits
- Courthouses
- Government buildings – in certain cities and counties
- New York airports
- Building or grounds, used for educational purposes, of any school, college, or university
- Within the city of New York unless a special permit granting validity is issued by the police commissioner of that city
- At any facility operated or licensed by the Office of Mental Health
- Any place where the carrying of firearms is prohibited by Federal Law.
Allowed
- Forestry lands, owned and maintained by the State University of New York College of environmental science and forestry
- All areas of the state - except those listed as Off-Limits.
Overview
Recertification of New York Pistol Licenses is now required with the introduction of the New York Secure Ammunition and Firearms Enforcement Act also known as the NY SAFE Act. The law was enacted in January 2013 in response to the shooting at Sandy Hook Elementary School. The recertification provision was just one of many that as the Governor claimed gave New York the toughest gun laws in the country.
DEADLINE
Requirements
You will need to check the date when your Pistol License was issued. If it was more than 5 years ago then your permit will become invalid on January 31, 2018. Please take note of the following;
- All holders of a New York Pistol License are now required to re-certify their license every 5 years.
- This applies to all types of handgun licenses including those issued for a lifetime with no expiry date.
- Failure to re-certify your pistol license will result in it becoming invalid if it has been more than 5 years since it was issued.
- You should receive notification in the mail that you need to re-certify.
- If you receive no letter for recertification that cannot be used as an excuse for not re-certifying your license.
- It is the responsibility of the license holder to know when their license expires
How recertification works
You can re-certify you pistol license online or by mailing in a form. The online process also allows you to check the status of your re-certification.
Online
Visit the state recertification website and follow the online guide. You will need a state drivers license or ID card and the last four digits in your social security number.
Mail
Download the form in our forms section. Fill out the details and mail to;
Pistol Permit Bureau,
Building 22, 1220 Washington Avenue,
Albany, New York 12226-2252
Status Check
Go here to obtain a status report on your New York license recertification.
Counties with different procedures
The following counties cannot use the state recertification system;
- New York City
- Nassua County
- Suffolk County
- Winchester County.
You will need to re-certify through the county your license was issued in.
- All pistol licenses, including lifetime licenses must now be renewed every five years.
- Failure to renew your license will render it invalid and leave you liable to prosecution if you continue to carry a handgun.
Summary table
| Subject | Handguns | Long Guns | Notes |
|---|---|---|---|
| Carry permit required | Yes | No | Policy is May Issue. Generally it is harder to obtain a permit closer to big NY cities. |
| Purchase permit required | Yes | No | Outside New York city, Suffolk and Nassau counties permits to purchase a handgun are issued by County or State Supreme Court Judges. |
| Registration of firearm | Yes | No | It is illegal to possess an unregistered handgun. |
| Open carry allowed | No | Yes | Carry permit holders must carry their handgun concealed. |
| Background checks on private gun sales required | Yes | Yes | Must be through a licensed dealer. |
| Magazine size restriction | Yes | Yes | Limited to 10 rounds. |
Rating of gun laws
New York gun laws you need to know
Vehicle carry
NO
It is illegal to possess a loaded firearm in any motor vehicle without a valid New York License to Carry. However, federal law does permit a person to transport a firearm through New York state. We suggest you read the Transporting Firearms section on this page for more details and would not recommend you to rely on the Federal law in this state.
If you have a New York pistol license then you can carry a loaded concealed handgun in a vehicle.
Open carry
NO
There are no laws in New York statutes that mention open carry. Technically you could say it is legal by default. You may get away with it in some rural counties but if you try to open carry in town you will get a whole lot of problems. You could also raise the argument that a license is issued to conceal carry, hence the weapon must be concealed.
To carry any firearm in New York you need a New York license.
GunsToCarry recommends you do not open carry in New York state.
Must inform officer
NO
There is no legal requirement to inform law enforcement you are carrying a handgun. However, the law does state you must carry your pistol license at all times when you have a handgun on your person and you must display the license to an officer if he requests to see your license.
N.Y. Pen. Law § 400.00
State park carry
NO
It is illegal to carry in the following areas;- State Parks: NO - Section 190 Dept. Lands
- State/National Forests: NO - Section 190 Dept. lands
- State Wildlife Management Areas: NO - Section 190 Dept. lands
- Road Side Rest Areas: NO - 17 CRR-NY IV C 156.12
No gun signs enforced
?
We have not been able to find any statutes on gun signs in New York.. Gunstocarry recommends that you follow any gun signs whether they are backed up by the law or not.
Restaurant carry
YES
"Yes" or "No" states if you can carry in a restaurant that serves alcohol. Some restaurants may be posted with "NO GUN" signs. Check with the staff if this means just the bar area. If we have indicated a "Yes" then it should be legal to have a meal without drinking alcohol.
Constitutional carry
NO
New York does not have constitutional carry.
A well regulated militia beng necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
Off-limit statutes
Criminal Possession of a Weapon in The Second Degree.
A person is guilty of criminal possession of a weapon in the second degree when:
- (1) with intent to use the same unlawfully against another, such person:
- (a) possesses a machine-gun; or
- (b) possesses a loaded firearm; or
- (c) possesses a disguised gun; or
- (2) such person possesses five or more firearms; or
- (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business. Criminal possession of a weapon in the second degree is a class C felony.
Public Campgrounds
a. Applicability. The following sections of this Part apply to persons using public campgrounds under the jurisdiction of the department unless specified otherwise in this section: 190.0, 190.1, 190.2, 190.8 and 190.9. The following additional requirements apply to public campgrounds and in the event of a conflict, these specific regulations will control:
3. Firearms may be possessed on the public campground only during the spring and fall hunting seasons. Unless otherwise posted, no discharge of firearms is permitted.
c. At Lake George Battlefield Park, the following additional regulations apply:
1. Hunting, trapping or possessing firearms on any portion of the Lake George Battlefield Park is prohibited at all times.
e. No person, other than employees of the department, State Police and police officers, shall possess, carry, discharge or use firearms, ammunition, explosives or explosive substances or fireworks on the area, except that during the small game and big game hunting seasons, provided for by law, firearms and bows and arrows may be possessed and discharged.
Foot Trail Easements--Adirondack Mountain Reserve
c. Prohibitions.
- No person shall enter upon trails 1 through 24 located on the Adirondack Mountain Reserve for purposes other than access to and egress from adjacent State-owned lands or hiking on these trails.
- No person shall carry firearms on Adirondack Mountain Reserve foot trail easements except at such times and on such trails as are hereinafter specified.
- No person shall carry a firearm or be accompanied by a person carrying a firearm under any circumstances when using Trails 2, 4, 5, 7, 11, 12, 13, 14, 15, 18, 19, 20 and 21.
- No person shall carry a firearm or be accompanied by a person carrying a firearm when using Trail 1, 3, 6, 8, 9, 10, 16, 17, 22, 23 or 24 except during such part of the annual Big Game and Small Game Seasons in the Northern Zone as shall occur from October 15th through December 15th and from January 15th through March 15th.
- No person shall carry a firearm when otherwise permitted unless said firearm is unloaded and either securely fastened in a case or taken down as defined in section 180.3 of this Title.
Other CCW statutes
Licenses to carry, possess, repair and dispose of firearms.
1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant
- (a) 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;
- (b) Be of good moral character.
- (c) who has not been convicted anywhere of a felony or a serious offense;
- (d) who is not a fugitive from justice;
- (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802;
- (f) who being an alien
- (i) is not illegally or unlawfully in the United States or
- (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions;
- (h) who, having been a citizen of the United States, has not renounced his or her citizenship;
- (i) who has stated whether he or she has ever suffered any mental illness;
- (G) Be at least 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.
- (H) Who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section 842(a) of the family court act.
- (I) Anyone who has not been convicted of a misdemeanor crime of domestic violence.
- (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law;
- (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act;
- (l) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that:
- (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm; and
- (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test;
- (m) who has not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs; and
- (n) concerning whom no good cause exists for the denial of the license. No person shall engage in the business of gunsmith or dealer in firearms unless licensed pursuant to this section. An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and maintain a place of business in the city or county where the license is issued. For such business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set forth in this subdivision and if the applicant is a corporation, each officer thereof shall so comply.
(a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper; and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located.
6. License: validity. Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. No license shall be transferable to any other person or premises. A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, 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. Such license to carry or possess shall be valid within the city of New York in the absence of a permit issued by the police commissioner of that city, provided that
- (a) the firearms covered by such license have been purchased from a licensed dealer within the city of New York and are being transported out of said city forthwith and immediately from said dealer by the licensee in a locked container during a continuous and uninterrupted trip; or provided that
- (b) the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted; or provided that
- (c) the firearms covered by such license are carried by armored car security guards transporting money or other valuables, in, to, or from motor vehicles commonly known as armored cars, during the course of their employment; or provided that
- (d) the licensee is a retired police officer as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law or a retired federal law enforcement officer, as defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as defined in subdivision ten of section 265.00 of this chapter; provided, further, however, that if such license was not issued in the city of New York it must be marked "Retired Police Officer" or "Retired Federal Law Enforcement Officer", as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons; or provided that
- (e) the licensee is a peace officer described in subdivision four of section 2.10 of the criminal procedure law and the license, if issued by other than the city of New York, is marked "New York State Tax Department Peace Officer" and in such case the exemption shall apply only to the firearm issued to such licensee by the department of taxation and finance. A license as gunsmith or dealer in firearms shall not be valid outside the city or county, as the case may be, where issued.
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that
- (A)Has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, OR
- (C) Is obtained after the effective date of the chapter of the Laws of two thousand thirteen which amended this subdivision and has a Capacity of, or that can be readily restored or converted to accept, More than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and Capable of operating only with, .22 caliber rimfire ammunition or a Feeding device that is a curio or relic.
15. "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.
Section 40. Powers of certain state officers and agencies.
41. Waiver of type, weight and size limitations for certain vehicles.
42. Contracts for research work in health matters related to the defense emergency.
43. Emergency health and sanitation areas.
44. Emergency measures to protect milk supply.
46. Production and sale of prison-made articles and materials essential to the defense effort.
§ 40. Powers of certain state officers and agencies. Nothwithstanding the provisions of any law, for the purpose of providing during the defense emergency (a) for unanticipated or emergency needs for the protection of the safety and health of the people of the state in the event of attack, or (b) for the mobilization and efficient utilization of all of the resources and facilities in the state in aid of the defense effort, or (c) for the orderly conduct of public or private affairs in a manner consistent with the requirements of the defense effort, the following officers or agencies of the state shall have power to take action or to adopt, promulgate and make effective plans, regulations or orders, consistent with the provisions of this act and with any actions taken or plans, regulations or orders adopted and promulgated by the council, with respect to the following matters:
3. The industrial commissioner shall have such power with respect to safety and record of manufacture, sale, possession, use or ownership of fireworks or explosives and the manufacture and transportation of firearms, but such powers shall not apply to the personal possession, use or ownership of firearms and ammunition therefor.
Article 6
Closing or Restricting Use of Highways; Posting of Property
Section 80. Definitions. As used in this article the following terms shall mean and include:
- "Highway." Any private or public highway, street, way, waterway, or other place used for travel.
- "Commissioner." The state commissioner of transportation.
§ 81. Petition to close or restrict use of travel upon highways or to post property.
- (a) Any agency of the United States engaged in or concerned with the defense effort,
- (b) any agency of the state,
- (c) the chief executive officer or the governing body of any political subdivision of the state or
- (d) an individual, partnership, association or corporation using or preparing to use real property in connection with the operation of a public utility, an airport, a dock, or a wharf, or the manufacture, transportation, distribution or storage of explosives, firearms, inflammable liquids, gas, oil, coal, electricity, water or any product to be used in the defense effort by this state, of any state of the United States, or a political subdivision, by the United States or any associated power thereof, may petition the commissioner for an order to close or to direct the appropriate official or body to close to public use and travel and to restrict public use and travel upon, any highway or part thereof or to post property, on which such use and travel or entrance by the general public is deemed dangerous to the public safety and security or to the defense effort, or to the safety of property of the petitioner.
Miscellaneous laws
PRIVATE SALES
All private handgun sales must be processed through a licensed firearms dealer. The dealer is required to run a background check on the purchaser and then to provide documents relating to the check to the New York State Police. Furthermore, the purchaser must have a valid New York pistol license, a purchase document, and the handgun must be purchased within New York state.
It is a crime to transport a handgun purchased outside New York state into New York. The only legal way you can do this is to have a licensed dealer in another state ship the handgun to a dealer in New York state. This way you can obtain a receipt from the New York dealer and then register the handgun with the New York Police. The seller is required to visit the pistol permit office to have the sold handgun removed from their license. A receipt of the sale from the dealer will be required. We advice you to keep all documents relating to the sale or purchase of handguns just in case the weapon turns up at a future crime scene. You will need the following to buy a handgun;
- New York Pistol License.
- Purchase document for each handgun.
You can only possess handguns registered with the state.
PURCHASE DOCUMENTS
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 has on it the make, model, type, caliber and serial number of the firearm plus confirmation the purchaser has passed a NCIS background check.
Purchase documents are valid for 20 days and the firearm must be presented to the state licensing unit within that period for inspection and so it can be entered onto the database.
PREEMPTION
There is partial state preemption over laws relating to handguns in New York and no preemption by the state over long guns. Some counties, New York City, Albany, Rochester and Buffalo have enacted more restrictive gun laws for long guns and magazine limits.
Take a quiz to see what you know.
Erie County Clerks Office
Contact
Address 92 Franklin St.
CityBuffalo, NY 14202
Phone (716) 858-6600
Hours
Monday – Friday 9am – 5pm
Saturday Closed
Sunday Closed
The application for a concealed carry license must be processed within 180 days of the application being received.
- Wikipedia
- New York State Attorney
- State Statutes
- Safe Act Info
- New York gun laws (BATF)
- County CCW site
- 2nd County CCW site
- State Admin rules
Comments
Heading to upstate New York from Florida to visit family. Am I correct in what I’ve read that unless not stopping overnight, I can’t bring my pistol even if unloaded and locked away with ammo separate from gun?
Absolutely not. Don’t even think about bringing a pistol to NY. You’ll do a nice stretch in prison if you get caught with it, unfortunately. I live in NY, and am a CCW holder here. NY does not give out of state permits. Your long gun will be ok. I don’t want to see anyone get caught up!
My neighbor shoot his gun at night 100 feet from my house is it against the law to shoot at night
I have a hunting trip planned for next fall in New York I would like to bring my pistol as well as my rifle on the trip is there a way to get a permit being from Florida??
Unfortunately No. NY does not recognize another State’s Handgun Permits and to get a permit in NY you have to be a resident. Your long gun will be ok.
I have a New York City pistol Premise permit can I use my rimfire 22 pistol upstate New York when I go hunting? Do I need an additional New York State pistol permit?
Gun Licenses Guaranteed! New York City handgun licensing assistance for Concealed Carry, Armed Guard Carry, Home Defense, Business Defense, Target Range and Recreational use. Also, NYC Rifle and Shotgun permits.
You misinform when you say, “ it could be argued that a license is issued to conceal carry, hence the weapon must be concealed.” In New York State the license is Unrestricted. Calling the license what it actually is voids that argument.
Not all counties in New York give unrestricted permits in orange county not all the judges issue unrestricted permits, they issue for hunting and target shooting
If I just got a letter saying I am approved for a full carry pistol permit, and it lists the permit number (Niagara County), can I use this document to purchase a pistol? Or must I get the photo ID first? I found a pistol I wish to buy before it gets sold out, but the appointments to get my card printed are pretty backed up. Any insight will be helpful, thank you!
you can purchase the weapon but it will remain with the gun dealer until you receive your photo id card. Once you receive that card you can go to the gun dealer and he or she will transfer it into your name for a fee.
You can purchase the pistol but can’t take possession without the actual physical license and having it registered. Not 100% sure how your county works, but in mine you have to purchase pistol, get receipt , then submit copy of receipt, an amendment form to pistol permit department, and payment. You will them receive a new permit card with pistol registered on the back and a “coupon “. You take the coupon permit to dealer to take possession of the weapon. Background check is performed at this step.
This is exactly how it works in Niagara County
Are 50 bmg bolt action long rifles legal to own in New York state? Having trouble finding the answer and the state police couldn’t help out so… That’s that lol
Yes, 50 bmg bolt action is legal. It could be legal if it was a semi-auto that had a pistol grip and removable mag.
I live in upstate NY, Wayne County, part time. Florida part time. I do not have a NYS drivers license. Can I get a gun permit in NY?
I just got my CCW, and needed my license as a form of identification. From Oswego, NY
What did you have to apply for on Permit for CCW ? Asking from Syracuse
NY gun laws state resident – in 2013 the courts decided that residence & domicile are 2 different things – if you are a part time resident you can qualify for a permit since you are a resident…
Still trying to figure out how these restrictive laws are
Not in violation of the 2nd amendment
Me to I can’t figure it out
if im traveling to new york state to work for two weeks can I have my shotgun in my vehicle with me?
i know I cant have a pistol even though I have a CCL BUT WHAT ABOUT A LONG GUN?
Yes. Provided it is unloaded.
Can you carry a gun as a armed guard, that you haven’t qualified with in ny state?
Yes it’s only hand guns
If you dont have a restrictive reason (such as a felony conviction), yes. You may bring your long gun with you.
Yes. You can cross the boarder with legal rifles. Since gun laws are so confusing in New York state, I wouldn’t bring a loaded rifle across. Also, since AR-15 cannot be sold with a pistol grip here, my brother has stopped bringing his 1990’s AR-15 across the boarder (like many gun laws in New York State, the law on bringing that particular rifle is across the boarder is vague, so he leaves it at home). Keep in mind, magazines and feeder clips cannot have more then seven rounds in them (a worthless stupid law made by Creepy Feely Sicko Cuomo).
Non-residents, can purchase rifles in New York state, too. My family, who lives out of state, has been be purchasing rifles up here for decades. After a background check has been done, they immediate take possession of the rifle & head out the door.
I tired to purchase a 10 round magazine for a HiPoint 9MM Carbine but the store said they were illegal. I know the carbine is illegal without a user waiver but how about purchasing additional 10 round magazines on line. I can’t find any NY law that restricts the purchase of 10 round or less magazines.
Question, what is the official charge in N.Y. state for having a loaded rifle or shotgun within the vehicle? Is it a felony or misdemeanor?
I have a unrestricted NYS license and a restricted NYC license for work. I want to travel to Puerto Rico. Will I have an issue traveling through JFK
Do I need drivers license to add a pistol to my permit
So this wasn’t clear enough for me. If I do have a NY state pistol permit, I can drive through NYC to go to, say Long Island but I can’t stop in NYC?
New York is the worst state, I live on Long Island and because there’s way too many liberals in NYC the whole state suffers
Correct. NYC has a different set if rules than NYS. A NYS permit that is not issued within NYC is only valid as a transport permit within NYC.
I have my 8 pistols co-registered with my wife, son and father inlaw
Hello. Anyone know the laws and what I must abide by if I were to have a shotgun and shells for a week stay in ny. I’m a pa resident and I currently carry my kel-Tec ks7 in a book bag style carrier. Shells separated and uLoaded. I took it to a range in ny with no issue when I bought it at a ny gun show. Hoping I’ve done nothing illegal without knowledge Mx buddies of mine own plenty out here with no issue
Hi everyone I have a NYS pistol permit but it is Restricted only for work how can I switch it to Concealed Carry?
My wife forgot her registered pistol at Home. Can I transport her hand gun to our vacation home? I have a pistol license. We live in NY, our other home also is in NY.
What is the law about carrying a double barrel shotgun in a motor home thru NY? I only carry rubber amunition.
Hi everyone. I took a job in New York and I’m haven’t decided on where I’m going to live quite yet. I’m considering New York State or New Jersey. I realize some of the complications with NY gun laws. My question is about a Long range rifle I own (remington700). Am I legally allowed to travel In NY state with it to my “home” in the trunk of my vehicle in a locked storage? If not would it matter if if Dismantled it? I am considering driving up from Florida once I purchase a home. Any feedback would help. Thanks
Can you transport firearms to range from home without permits in nys
How many bullets can you legally carry in your handgun when carry concealed in NY?
10
Kids who probably think it’s ok to murder a baby ( it’s a woman right yet there’s a heartbeat ). Kids who were brainwashed by liers. These same kids thinks it’s ok for socialism . If socialism is so great move to another country and let those people trying to get here come. Oh yeah, these same kids thinks it’s ok for illegal immigrant to get help while there’s veterans who need help gets jerked around
I would like to vacation in Vermont, New Hampshire, Maine and possibly upstate New York with my travel trailer. I have a CCP but I have no intentions of carrying a weapon in New York state. I do wish to travel through the state and possibly stay at a state park, RV park, etc. What are the restrictions of a non resident transporting a weapon through the state or possibly camping out in a park?
I live in upstate new york. Does my handgun need to be concealed on my person in my vehicle while driving or can i use a vehicle holster?
Hi,
Just recently received my NYC pistol permit” premise” . I own property in upstate ny, now from what I hear I can get my hunting authorization card if I bring in a current hunting tag and transport only during hunting season….” which is the most absurd thing cause I need to go down to 1PP every “hunting season” to get a current authorization card for every year. Now… I hear are they passing law to allow transport from NYC to ny state during off hunting season . And this is why we are all leaving this dump” NYC”. Thx
i believe that the best thing to do is get an upstate permit and register your nyc handgun to your ny state permit. then you can legally bring your handgun between your 2 premises without the hunting authorization. better yet, get an upstate ccw then you can carry to the edge of all of the 5 boros.
I reside in upstate NY, but most of my family lives in Virginia.
I’d like to bring my pistol with me on the drive down. Of course NY is pretty much landlocked as far as reciprocity, while VA won’t have a problem with my licence.
Will a “Utah Carry” make this much easier? Is this a difficult permit to obtain?
If it’s too much info to ask, can someone at least point me in the direction where I can find reliable and updated info regarding heading both Utah and NY carry permits?
Thanks!
I forgot the other part of your question. The Utah permit, like FL or Penn permits, is not “difficult” to obtain, but you need to find a place in your general area that offers the class. (Make sure it’s a class sanctioned by the state of Utah.) I recently located a class for a friend through Google, or ask around at a local range or club. So many folks are looking to safely and legally transport their handguns from NY to vacation destinations that you shouldn’t have too much trouble finding a class. It takes about the same amount of time as your NY permit class, and cost is probably around $150 plus lic, application and finger printing fees.
Hey, can I visit the Big Apple from N.J with my .45?
(Joking.)
My mother has a .38 revolver she can no longer shoot. I’m waiting for my permit in the mail. She has let her permit “lapse” / “expire” under the SAFE act, thereby making herself a felon, of course.
My question is how do I legally obtain her .38 once I get my permit? Does she have to reapply for her pistol permit in order to “legalize” the gun so that we can go through an FFL?
Seems to me this must happen all the time.
Thanks.
Just move out of the state of NY or NJ. I have CCL’s from both PA and Utah and can carry concealed in 39 states. We will not live in any state that violates our Constitutional rights.
You’re darn tootin’. We are finally able and are moving out of the commie state of NY to where they honor and respect the Constitution of the United States of America and the Bill of Rights.
I have a NY state pistol permit and a non-resident Utah permit. If I’m flying to Utah to go hiking in the backcountry, how can I take my Glock 20? I can’t take it through JFK or LGA since I do not have, nor can I get, a NYC pistol permit. I can’t take it through EWR in NJ since I do not have, nor can I get, a NJ permit. Also, I cannot transfer the pistol to an FFL in Utah since they can only transfer pistols to Utah residents.
What about Stewart International?
I empathize as I have the same problem. Depending on where you live, and how much you’re willing to spend to get there, you might try flying out of an airport outside of the metro area, eg Albany International or Stewart International in Newburgh, Orange County, NY.
Drive there and store the dun in the trunk seprate from the ammo
Can an small private employer (non-profit) open to the public issue a “no weapons / hand gun on property “ policy?
Yes, and you must legally comply unless you have specific written permission from the owner of the business-property owner.
I have a NYS permit for pistol, however it says Hunting and Target, what does that mean ? Do i have the right to have it with me ?
You can not carry unless you are going to and from the range or going hunting. There are some loopholes. I would suggest joining a 24 hour range as they are open all the time and you could theoretically say you were going to the range or coming from the range.
Good advise but could get tricky with
A ball-buster.
pretty much in any state if you transport your gun empty with no clip stored seperately like in a case in your trunk and the ammo seperate from the clip and gun in another case locked in your trunk your legal and of course can show you are the legal owner
If you are engaged in, or on your way to, the activities listed on your permit. Apply for a full carry, if possible.
If my friend has an IN license to carry, but got in trouble in NY for possession, how is this handled? My friend has to travel to NY now for court and I wanna make sure we know how to ha dle this.
Hire an NRA referral attorney familiar with the court your friend is appearing in. That is, don’t hire an NYC attorney for an arrest in Upstate NY. Conversely, don’t hire an Upstate attorney for an arrest in NYC.
This is a very serious matter with the potential for fairly significant fines and prison time. Beyond the advice to hire a real attorney, do not base her defense on advice from the Internet.
DO NOT CARRY THE GUN WITH YOU be prepared to give up your permit as it porbably will get revoked best to actually surrender the pistol this is a serious matter advice to anyone reading this IF YOU CARRY DO NOT BREAK THE LAW OR ACT ILLEGAL YOOR AN ADULT you know better. you broke the law now they break your wallet and maybe butt
Is it legal to have a secured and unloaded handgun in a travel trailer being towed through New York?
Is there a way to write the governor to see if my girlfriend who has a legal conceal carry in NC to carry her firearm as protection when traveling to visit me here in NY?
sorry but you must be new to New York.
our governor is inaccessible and should NEVER grant that anyway.
ny respects no out of state permits, and never will until compelled by the SCOTUS. and even if ordered to do so, wil likely ignore the supreme court.
what Cuomo and ny dems respect even less than your girlfriends NC ccw permit are little people like us who request or 2A rights.
our governor is inaccessible and *would NEVER grant that anyway
My family owns a cabin in upstate ny for hunting and fishing. Is it legal for my to bring my pistols from nj. I have the paperwork saying it belongs to me and I also have a firearm i.d card for nj. Also is there any problems with bringing long guns (hunting rifes) from nj to ny?
Do NOT bring your pistol in New York unless u have a valid NY pistol permit. You will be arrested if caught with it. Long guns are no problem.
Long guns are no problem as long as they do not qualify as “assault weapons” under New York State’s SAFE act.
Magazines over 10 rounds are also a problem under safe.
Dave and others here are correct. However, you might look into whether or not you are eligible to apply for a non-resident NYS pistol permit being that you own property in the state. I do not know if there is such a provision, but it’s worth a look. I have one of those for SC, so I know it’s done in some states. But knowing NY and King Cuomo….
your cabin is a part time residence – in NY you have to be a resident – in 2013 the courts ruled there is a difference between residence and domicile – as long as you can legally qualify for a NY permit, you can get a NY permit as a part time resident…
My family owns a cabin upstate NY for hunting and fishing etc. Is it legal to bring my pistols with me for plinking? They are legal in the state of nj and I have the paperwork and from when I bought them. We have to carry it around if I transport them to a gun range in nj. I also have a firearm i.d card for nj state to buy long guns . Also is there any restrictions for long guns for out of staters?
No. Without a valid NY Carry license you cant bring into ny. NY DOES NOT HONOR PISTOL LICENSES FROM OTHER STATES. Its stupid.
No.
I have a question my family and i love in Ohio now and will be buying a home in the next month to month and a half in waverly New York southern tier how do i go about getting my two handguns that i own legal in the state of New York? I also have my ccw in Ohio and would like to obtain the same in New York State?
You would have to transfer them through a FFL dealer like basspro for example. You can’t legally just bring them to ny without a FFL. As for a permit that’s hard. Most counties require at minimum 1 year residents in that county before even starting the horrible 6 month process of getting a license in ny
So im a combat medic in the Army and have a CT permit, FL permit and am in process of becoming a competitive shooter. How the hell do i get a permit in Suffolk county i live with a cop(my dad) and from all that i read it seems impossible. Also can i get a sportsman permit and join a 24hr range?(loop hole or nah)
U cant get a permit unless u live in ny. No way around it. Do not come to ny with a pistol for any reason.
I am active duty military and will be moving on official orders to New York. I do have a pistol, with this being said do I need to apply for my license for my pistol prior to arriving or is there a grace period? Also would I qualify for the resident license since I am on Federal orders?
How can I get my gun rights restored after a 20 year old non violent felony
Get your record expunged and you can own a gun
It depends on the state and whether your felony was federal or state. Here in VA, you have to first have your civil rights restored. After that, you can appeal to the courts, either in the jurisdiction you were convicted or the one you live in, to restore your firearms rights. If you can get the charge expunged, it’s a one-shot thing but if you cannot, this is the process you follow. Most of tge states I’ve lived in have a similar procedure.
Good luck!
I have a 1997 felony conviction will I be able to get a gun permit.
No, felons of any kind are permitted to own a gun due to federal law
Not so. You can either get your record expunged or you can have your civil rights restored and then apply for or rewuest that the courts restore your firearm rights.
Depending on the state you live in get your record expunged and you can get a permit
I have a NYS CCW license, I live on Long Island but do a lot of business in NYC. How hard is it or what are the requirements for getting the NYC endorsement?
You have to fill out about a 50-page application for NYC gun permit then it’s about a year-long wait for the approval after fingerprinting and being interviewed by a police officer in your home or at the station
Just a question about leaving my pistol in a locked car, can I leave it in the glove box or am I required to put it in a car safe?
No leaving your hand gun in a locked car is not legal neither is the glove box it must be in an aproved gun safe
If someone dies, has multiple types of guns, can a family member keep them if they have a pistol license?
There is a thing known as co-ownership. You put your hand guns on another persons license. If something should happen to you such as death, the co-owner can legally claim them. But it must go through the pistol permit clerk of the county were the guns are registered.
That person must be a family member, son, daughter or spouse.
I have a ny carry permit I want to bring a gun I bought in Florida to ny can I put it on my permit on line ?
If it’s a hangun do it at your own risk bronew York is strict I had to sell my 9mm before coming up here I have a Florida permit too
I hope with all the laws in ny, handgun owners are in the right place and time if to meet a criminal with a gun, because it seems the laws help them and not law abiding people !! Just saying “we the people “ was written for a reason ! God bless America and fix all that is in need of fixing ! Or we the people should ! Before them the government our servants take what little rights left ! Law’s help yes but ny laws make more sense if your a criminal !!
Mary, just got my NY permit. You must send your Florida pistol to NY via FFL holder. Federal firearms license holder. Send it from one FFL to another. I. E. One gun store to another. I’m doing this right now with a pistol my son bought me.
Have a dealer in Florida ship the gun to a dealer in New York State. That dealer will give you a receipt, You take that to the pistol permit clerk in your county. You fill out the form as though you bought the gun here. You know how the rest works. It must be done this way, for it to be legal.
Is someone order the age of 18 allowed to transport long guns in New York.
Does registering for a emotional support dog effect the process or right to get a pistol permit or ownership of any firearm in NY now? I want to get my dog registered as an emotion support animal but I dont want it to effect my right to get a pistol perm or own a firearm in general, it’s not for any super crazy mental health disorder or disease just curious. I’m a Marine who lives a lone and has been through some shit and I’m just curious on how that would affect the process or my rights. Thanks in advance.
I don’t think that would affect your ability to qualify for a pistol permit in NY state. HIPPA laws protect your medical health records. The Sheriffs dept. you are applying through may ask about your state of mental health, but you are not obligated to disclose any personal health information. Don’t even bring it up that you even own a dog… that’s none of the states business either and shouldn’t even be considered when it comes to your right to own a firearm.
As long as you are not listed in any way through the government as having a mental issue or incapacity, the emotional support dog should not affect you county but don’t mention it that may be best
is is a shame when law abiding citizens go through everything asked of them to by our rights as citizens of the United States of America arm themselves and have people who are so negative and against us. Just remember people all the criminals out there have ton of guns and ammunition and come after you and your family including your children and nobody know who has the weapons or anything about their state of mind. The key to gun control is not taking away our constitutional rights it education. Teaching children as well as other family members safety and storing your firearms in a safe not a sock draw is pretty much the answer.
If I go to a restaurant and I have my EDC (EVERYDAY CARRY) on me, can I not drink alcohol?
Yeah man, that’s standard law in most states, alcohol and firearms don’t go together.
It is not barred by statute, however, if you are involved in al altercation, your use of alcohol will become an issue as an element of reckless behavior.
I have a NYS full carry. Can I use NYC airports to travel to and from Legal carry areas? Every time I call the port authority police and airlines they say i can but NYC laws are so screwed up, has flying outside the city
No your license is not valid for new york city its a felony if you are in the airport with a gun even if it’s locked in a case and no ammo and if you look on your license it says that it’s not permitted in New York City you have to have a new york city license like Trump has in order to have a gun there
If I have a Connecticut license to carry can I get in trouble if the police stop me in nyc?
What are the laws related to target shooting on your private property with someone without a pistol permit?
NYS reguires everyone to posses a pistol permit if they are to shoot a handgun regardless if it is private property or a range. In any cercomestance the police should come
Onto the property then there will be an issue of who’s pistol it is and do they have a permit and so forth.
no one is allowed to shoot a hand gun on private property without a concelled carry permit
If you own a pistol permit Is it illegal to keep a loaded piston unlocked in your home in NYS?
It is illegal now. Thank you Mr. Cuomo!
I think that’s if there is only a minor or felon that lives in said house as well
no
I will be traveling upstate this summer. I am a Virginia resident. I will be visiting family and staying at our families cabin. Am I able to transport and take my handgun with me for the week I will be in Lake Placid?
No.
Itll be as useful to take along as your scuba diving equipment. Maybe you should also bring along some sticks just in case the woods run out. No but seriously ont bring any firewood please. The insects that could come across could devastate the local ecosystem and are a more regulated than your gun.
Stay in virginia , sell the cabin , and get out of commie ny for gods sake . It sucks
Can my son who doesn’t have a pistol permit go to the shooting range and shoot my pistols? I have a valid permit
No
Only if you are with him and keeping to the letter of the law; if you’re a fully qualified NRA safety instructor.
16 and over at calverton range
If someone you know has been commanded to hand over all weapons to the police because of a order of protection do they automatically get there pistol permit revoked in the state of NY
Also he was diagnosed with MS and instant rage how do you report to the safe at to ensure they are not allowed to own guns ever again
The permit will be confiscated at the same time the firearms are collected by LEOs. If and when the order is rescinded he will have to apply for his permit back.
I am looking to obtain a pistol permit for business and target practice. I had a charge of 3rd Degree Assault and 2nd Degree Harassment 19 years ago. Since my younger (albeit punk) years, I have grown up and have been a law abiding citizen. Would those charges from almost 2 decades ago prevent me from obtaining my license? Trying to gauge how difficult a process I have in front of me.
New York is a corrupt scum hol I moved away after living there for 20+ years, the process with no record is in real good luck with your past I don’t even think you’re eligible in this joke of a “state”
James I would suggest you look at your criminal history report. Most states will not issue once they see the assault charge.
James, it depends on if there is anything else, what you have done with your life since, what county and what Judge. Unless you try the answer will always be no. That goes for everything.
Clear violation of the rights of citizens under the Constitution and NY should be sued and lawmakers held accountable for treason.
Some wrong info here about a handgun being registered to multiple people. Co-registering is a thing. Atleast in my county.
I was told by the sheriffs office in Onondaga County a gun could not be co-registered UNLESS both parties lived at the same address.
I live in Wyoming county NY, My Father lives in Cattaruagus county. We have shared firearms on our permits. Maybe it does vary by county.
Not in ny no co registering allowed
Not true. Co-registering is allowed in Sullivan County. 10 hand guns co-reg between my son and myself. 5 years
I live in Erie county New York that should tell you everything rite there it’s was very hard to uptain your pistol permit until recently it’s become a lot better anyway I have handguns Co registered with my father and with my wife so Erie county let’s you co register
Mine too
https://www.gunstocarry.com/gun-laws-state/new-york-gun-laws/
You have an embedded video that has wrong information on NY gun laws. You may want to change it to something accurate.
At your page section, “Take a quiz to see what you know,” is a youtube video from BuzzFeed that has wrong information.
https://www.youtube.com/watch?v=ZTTABH1uipQ
Thankyou for alerting us to that, what info do you consider inaccurate in the video?
You can buy long guns, (rifles and shotguns)
Youth can hunt at 14 with a gun along side a parent or mentor
Youth can not purchase a long gun until 18 years of age.
I have ny state ccw permit and want to travel to Florida with my pistol. What do I have to get to travel through the states that don’t honor my permit
Transport said firearm in locked case , with the ammo in a seperate locked box
Do you have a Florida CCW permit? Resident or non-resident?
Florida only recognizes permits from states that honor a FL permit… That rules out NY.
I have a CC in the state of NY and I’m traveling to NC how do I carry as I’m driving there
What if you move out of state and still have a nys Residence ?
If you have a permit, keep it and notify state police of your address change. You may also notify your county and update the address on your permit, but since you maintain a residence in NY you may buy feel that is necessary. If you don’t get have a permit you are still eligible for one because you are a part time resident of NY.
Hi
If someone has a residence in both NYC and upstate NY and is able to obtain a NYC premises permit and a NYS concealed carry based on his upstate residence AND has his guns listed on both permits…can the guns be transported in a lockbox out of NYC to upstate?
well, it appears the SCOTUS is gonna answer that one!
I am planning trip to Ballston Spa, NY, I travel by motor home, I am from Texas going to visit family, I carry a 12ga Lever action shotgun for protection, I plan to stay 1 week then back home. How can I travel with my shotgun legally. I know New York State is what it is.
You have to go by plane but you have to make sure your gun is legal in ny
And able to bring on the airline
You don’t need a license to possess a shotgun in NY. Just be sure you have a plug in it so only 3 shells can be loaded. I don’t think you need to carry one though. Rumors of thugs in NY have been greatly exaggerated. I hunt and have never carried any gun in my vehicle unless hunting and I’ve driven all over NY and nearby ststes.
The three shot only applies to waterfowl hunting and is a federal restriction.
Just make sure it is in a locked case unloaded especially if you are traveling with children under 16. New law just enacted.
Lock it in a case , along witg tge ammo in a seperate box
Unloaded, and cased.
Want to visit family in Ballston Spa, NY, I from Texas, Will travel by motor home, I carry 12ga lever action shotgun for protection, Will stay 1 week then go home. how can make sure I am legal
You dont need Guns in New York just call 911 a d less than 5 min they would save your but out.
This is the most ignorant comment I’ve ever read.
Yea right lmfao….we have one of highest crime rates per person lmao
If I lived in Texas and wanted to visit NY relatives, I would buy them plane tickets to come to Texas
I live in NYC. What is considered my residence? I have a home permit, but does that extend to my yard? I rent my apt with the yard, and my landlady lives upstairs and was required to submit paperwork agreeing to my pistol ownership, in order to get my license.
The yard is fenced all around and has a gate. At night I padlock it shut. My mailbox is in the yard, 2 feet to the left of my door. I always carry at home. Sometimes I go to get my mail and forget I’m carrying my gun. Is it illegal to walk in my yard with my holstered handgun?
I moved from Niagara county to Dallas TX. How could I come back to my family in NY and shoot at a range with my pistol?
You are able to take your pistol on a plane. Just make sure you check the your airlines policy.
Also make sure your pistol is legal in the state of New York.
Forget that
Can you carry a pistol any were in the hudson valley with a full carry unretricted conceal permit
Rob,
Yes you can carry a pistol any where in the Hudson Valley with a unrestricted conceal permit, provided that the firearm in question is listed on your permit…
As a licensed armed security guard in New York state I am permitted to carry standard law enforcement magazines in my pistol while on duty and in uniform. but then must switch out not only to 10 rounds but to smaller 10-round magazines as well when off duty and not in uniform. It is still possible for me to be charged under the Safe Act if I am carrying a magazine that holds more than 10. I cannot possess a magazine that holds more than 10 rounds if I am not on duty and in uniform.
Can I carry a rifle in my car
If the breach of the weapon is open and the bullets are locked out of the drivers reach only you cannot carry a loaded long gun in a vehicle in New York state
Can I carry a rifle in my car for protection?
yes, you would need a permit to legally own the frame as soon as you made the first cut or drilled the first hole in the frame. At that point the frame is a firearm, and if you were caught with it, even if it wasn’t finished and assembled, you could be arrested for possessing an unregistered handgun. One without a serial number on it too, unless that was your first bit of work on it. Consider just how gun-friendly NY is before heading down that road.
In NYS hand guns can be registered to more then one person / co-owned
Wrong
John is correct. My wife and I have multiple handguns shared on our permits. When my son got his permit he added our guns to his permit too. As long as the permit holders reside at the same address it’s permissible.
Not in oswego county. 1 gun 1 owner
In Rockland County, they do not have to reside at the same address.
This varies from county to county, some allow it some don’t.
If I am traveling to Vermont from Texas for my nephew’s wedding does new York honor the federal safe passage act
No see the section on travel
Look under guide to transporting firearms above, avoid this state!
N.Y. STATE violates law abiding people’s rights to carry a concealed firearm
If i m going to hunt in PA and coming down from MA, am i able to travel through NY with my hunting rifle with a triger lock and ammo in my trunk locked in a box?
yes no restrictions on long guns
If I was to move to central New York after living in Pennsylvania but have my Concealed Carry in PA is it possible to transfer that over without having to go through training courses and waiting the 4 months for an application to go through?
4 months if you’re lucky… mine took 12
You didn’t grease the right palm.
No you have to do the entire process
You also wouldn’t be able to just bring your guns into the state after you did get your permit. All would have to be transferred thru a ffl
In regard to carrying on state/national forests, I could not find anything specific that states it is illegal. Citing section 190 dept. Of lands I discovered this:
(ab) No person shall possess breakable targets, including but not limited to clay pigeons, on State lands and no person shall target shoot at breakable targets, including but not limited to clay pigeons and glass containers, on State lands. Unless legally engaged in the act of hunting, no person shall discharge firearms on State lands posted or designated as closed to target shooting.
By the wording used, it reads as though unless posted or designated as closed, we are not only allowed to carry but can target shoot at non-breakable targets. I did notice that sections 190.20 and 190.21-190.22 were repealed but it doesn’t state what they were. Please cite where you learned carrying on/in state/national forests is illegal.
Most restrictions state hunting, hiking, camping, recreation, I still dont know what that means… the judge couldn’t explain it either, he said homing could be walking with the kids. Makes zero sense to me
I am a County Sheriff’s Dept officer in Indiana. If I travel to NYC, will they honor my right to carry my sidearm?
No, I don’t think there any exceptions for out of state law enforcement. You would come under the same rules as a regular citizen.
Hr218 LEOSA yes
No they only recognize 1 that’s NY ccp
No, you will get arrested immediately even though you are a county sheriff from another state.
Rudy, under HR 218, which is a federal statute that grants all law enforcement officers, and recently the military, the right to carry in all 50 states.
However, please be weary of the ignorant personnel the currently occupy law enforcement positions, who are not knowledgeable, or refuse to acknowledge the rights and privileges granted under HR 218. To further substantiate my information, NYC has been successfully “sued” under HR 218 via several individuals, such as “The People of New York versus Benjamin L. Booth” and “The People of New York versus Arthur Rodriguez.”
i have a NYS sportsman license . Will I be able to carry my pistol while up state New York when fishing to protect against Bears ?
I believe that while hunting or fishing with a valid license you may carry your weapon with your sportsman’s permit restriction .
Only if you have a nys ccw permit
Unrestricted permits are once again available in Clinton County NY after many decades of restricted permits only. All lawful purposes is satisfactory to the County Judge. Must have permit for at least 2 years before requesting removal. Training is required for new permits or permits issued less than 5 yrs . Training is accessible, affordable and non restrictive.
In today’s political climate in NY every pro 2nd Amendment official elected is a victory for the constitutional rights of every gun owner.
Awhile ago I inquired about a non resident permit and was told no way. I live in VT bordering Clinton County. Any info?
Unless you have a seasonal residence in NYS you are out of luck. Even then it’s unlikely.
Looks like the New York lawmakers should be tried for treason. If they’re going to wipe hineys with our constitution.
Is Suffolk county are you allowed to carry on the water with the sportsmen license?
Wondering if New York follows the same rule as California with fixed magazine ar15. With a fixed magazine I can have a muzzel break, forward grip, pistol grip, and adjustable stock.
Yes sir , as long as the mag is fixed you can have the scary features
Yes but not in NYC
What will happen to my NYS gun permit and pistol if I were to move to a different state?
You would lose it , unless you spend a portion of the year in NYS
Not only spend time, but have a part time residence in NYS
How do you find out if someone is allowed to carry a pistol? Person claims to have a full carry but with past history I don’t believe they would be able to poses and obtain the proper permitting. Where can I find this information out?
Mind your own business….
Thinking same thing
Ask your liberal friends they have all the answers you need!
Once i obtain my pistol permit, is there a certain time frame i have to put a gun on it? If i dont, does my permit expire?
It depends on what county you live in. Niagara you do not need to purchase to maintain your permit.
Erie County is either 30 or 60 days. Can’t remember exactly,it’s been 20 years…
When I received my permit in Nassau, there was no restriction as to buying a handgun. I didn’t get one for 6 months and no issue when I went to register it
Can I legally travel into N.Y with a pistol in my vehicle as long as it isn’t loaded and locked in a safe inside a toolbox ? I have a CCW in N.C but I know N.Y doesn’t recognize that .
please read the section on travel through New York above, we advice you to avoid NY if you are carrying a firearm. Federal law is supposed to protect you but in this state they often just ignore it and let the courts sort it out.
No, No and Hell No!
I live in Suffolk County NY, are you allowed to open carry in your home? Even with front door open?
Thank you for your help!
“Castle Doctrine” You have the right to defend your’s and property. With deadly force if necessary.
You cannot defend your”property” with a gun. Can only defend lives.
Good evening everyone, I’m going to NYC for the holidays and have a CCW issued in Rochester NY ,(Upstate NY). Will NYC honor my permit? If not, is there some form that I could fill out or number that I can call to get a temp week pass or something?? Lol
No. You would not be allowed to carry in NYC
NYSPL 400.6b. Read that section and decide for yourself.
You licence needs to be endorsed by NYC before you can carry there.
I was wondering, if I have a firearm permit. And often keep my gun in my car and often travel for work with in new york but sometime the highway I take goes into Connecticut for about a mile or so. If I were to get pulled over while technically in Connecticut. Can I get in trouble? Thank you in advance.
Yes you could. I would advise you to be discreet while on that stretch or take and alternate route
You must be driving on 684. There are no exits on that stretch of highway. just don’t stop.
Hey all, question about storage at home. I understand that the weapon needs to be locked in a safe or at least stored away with a locking device. What are the exact laws or preferred methods and does ammunition need to be stored in a separate safe?
Your gun should be secured so that unauthorized people cannot obtain it. A locking device such as a trigger lock is not sufficient. A secure lockbox that is attached to the floor or wall, or a safe, would be sufficient. Ammunition MUST be stored separately from your firearms.
Didn’t think that ammo has to be separate. Since it would render home defense useless if you had to go to a separate area to get ammo and load it.
SHUT the fuck up u stupid bitch i kill people for a living they dont need a gun box to lock it just open carry whoever looks scared kill them bitch
There is no law regarding storage at home. Just use common sense.
Another important point is that the NY SAFE Act, besides limiting the maximum size of the magazine for to 10 rounds, it’s illegal to carry more than 7 rounds in a handgun magazine (except in the home or at a range). 10 rounds are permitted in rifles.
Actually, the NY State ‘s Second Circuit court ruled that 10rds is in fact legal.
That was changed in 2013. NYSPL 264.37. Members are instructed NOT to enforce the provisions of 265.37 at this time. (State troopers field guide). Due to court case Treamo d v New York.
Read it for yourself and decide how to best proceed.
I noticed an error: Handguns CAN be registered to more than one person in New York State. The most common situation is when a husband and wife each have a permit – the guns can be registered to both. This prevents problems if one of them passes away.
Jeff, You are correct we actually hade our district attorney of Steuben County do a Q&A at our S.C.O.PE. (Shooter’s Committee on Political Education) meeting one evening and not only can you co-register with a family member but you can co-register with whom ever you would like as long as they have a CCW . This also helps in case for some reasons your guns were going to get confiscated for a period of time, they instead of going into lock up at the Sheriff’s office they would go to your co-registrar, obviously before someone comments, not if you committed a crime with it.
This varies on a county by county basis. It is not allowed in Rensselaer County for example.
My father’s pistol is co registered on my permit.
Putnam County allow dual ownership of handguns
I am a resident of Virginia and legally own a handgun here. Can I take it with me for a visit to the family farm in Cattaraugus County? And if I can take it… the handgun carries 17+1; do I need to get smaller capacity magazine ?
No, you cannot legally carry in New York State with a Virginia License.
Yes, you would need a magazine that cannot hold more than 10 rounds but that’s mute point without a NYS permit.
Check Resprocity laws, West Verginia NO, Verginia as far as I see “on this site” Does allow your Verginia CCH permit Honored in NY State. Not NY city.
Odd cause, Verginia does not honor/recognize a NY CCH permit in verginia’s state. (Must be a verginia resident) ????? that’s BS :((
Also…. 10 Rd clips only!
NY Does not allow a non resident to CCW in NY state. Including Virginia. If you were coming here for a competition, you could transport the unloaded handgun and associated 10rd magazines to that competition, but you would not be able to load it and possess it in the guise of concealed carry
Can a gun be registered to more than one person?
No, firearms can only be registered to one person.
not true, atleast in my County … My wife and I have all the same guns listed on our permits
Immediate family yes, friends and any others no.
Niagara county did permit this.
This is a county by county issue. In Monroe, a gun can be co-registered to many people. In other counties, only 2. In some, they do not allow people to co-register handguns.
Regarding the question regarding a gun being registered to more than one person. All my pistols are registered to myself, my wife and my son, done so through the County pistol permit office. Is that question answered in error or is the County doing something wrong?
If I’m visiting family in Kentucky can I bring my carry pistol and one of my long guns to shoot on the family farm? I have a CCW here in upstate NY and see that KY recognizes my permit. We are driving straight through to KY so no overnights in other states.
Yes you can and also in KY you can open carry it without any permit but they do honor NYS ccw permit
what If I own a bolt action Ruger and I follow the protocol for storage at an airport and I ‘m flying in from another state to NY with my rifle??
Am going to Montana, a reciprocal state. Is it legal to carry a concealed pistol in the National Park? (assuming I transport it there legally)
YES
Can you bring legal guns from another state when you move to new york
Comment from one of our readers:
“Have them shipped to an FFL around where you will be living. You will need to apply for a pistol permit and add all of them onto it when you apply. You can not do this until you are a NY state resident and for a specific length of time (maybe 6 months but i’m not sure) someone will need to chime in on that. The FFL will hold onto them until your NY permit comes through and then you go pick them up. Sounds complex, but it’s mostly a lot of waiting both before applying and after. Realistically you can expect maybe… maybe 1 year from the time you move to when you can pick up your pistols (That’s if it’s only 6 months that you have to be a NY resident before you can apply for a permit). It honestly depends on the county from that point on for length of your wait. Some are a month and a half, some are 7+ months. If you want to avoid the FFL, you can ship them to a police department for holding, but I would rather have an FFL hold onto them, although if you don’t personally know any FFL then police may be your best bet. I’ve heard people having a better experience having NY State Troopers take possession.”
Long guns you can bring with you. If your talking pistols it depends on the county you are or going to live in. each county is different. some are 6 months. but most have an out of state to NY stipulation. Look up the county Sherriff’s office website and see what they have online or call them directly. They will help you
I live in Florida and my parents on property in Cattaraugus County… With my Florida license I can carry in every state to drive to NY but NY… What can I do to be legal in NY
New York is a tough one. Your only option is to try and get a NY permit. But as you are not a resident that would be difficult. I am not familiar with Cattaraugus county but if it is a rural county they may be more accommodating, give them a call and see what they say.
Sorry we do not have an answer for that question as the statutes do not specifically address that issue. If any one knows please post it here. The only other option is to contact your local CCW issuing authority although I suspect they may not know either.
The answer is NO. You cannot create a firearm that would require a license you don’t have. Call 1-855 LAW GUNS and let the experts at the troopers answer that.
This information is not correct. New York does NOT allow open carry. A You must conceal or you are breaking the law. You are allowed to have a firearm in the car but with stipulations: Rifles/shotguns do not require a permit. Only handguns do.
We had some conflicting info on that so will change it.
Actually, there is no specific statute that specifies ‘concealed carry’. However, in PL Section 400-2(f) it reads: “To have and carry concealed without regards to place of possession…” So, by the issuing statute, the NY permit has 7 types, one of them being Concealed.
How much longer will it take for someone to sue NYC for charging $430.00 for a licence to possess a handgun in one’s home? The Second Amendment right to keep & bear arms is just that–a right. Rights are not licensed let alone subject to payment of fees, privileges are. Any court obtuse enough to hold that NYC’s licensing fees are constitutional ought to concede that rights protected by the First Amendment are subject to licensing and fees. (Better yet, its judge ought to be disbarred.) Therefore, the NY Times, Post, and Daily News should have to obtain licences to publish–and have to pay for their periodic renewals.
What does the letter C mean in front gun permit number
Concealed
Good evening,quick question I’m have been disabled for 4 years now with more surgerys in my future,can I apply for right to carry for protection for my family and myself,I have had my pistol permit for over 20 years,clean record,not even a speeding ticket, before my injurys protecting myself believe me was no promblem, putting that aside,my family comes first,I hope and pray It never happens,if it should I want to defend to the BEST of my ability, you don’t get second chances in these situations,Thank you for any response
would depend on what county you are in as some counties require you to undertake a training course. You would need to demonstrate that you can use a firearm safely and your injuries do not prevent you from doing so.
Yes you can.
Sorry we plan on doing a page for New York City in the future but I do not have much info right now.
NYC guns law on carry permits when it starts ?
The carry and concealed laws in NYC will be effective when. When can you apply and how long is the process just asking thanks so much.