{"id":375271,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-gun-control-laws.html"},"modified":"2025-01-03T16:20:00","modified_gmt":"2025-01-03T21:20:00","slug":"new-york-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-gun-control-laws.html","title":{"rendered":"New York Gun Control Laws"},"content":{"rendered":"\n
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New York Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New York State remains one of the most populous states in the U.S. today. With over 19 million state residents, New Yorkers have seen their share of gun violence and mass shootings.<\/p>\r\n

The Empire State has some of the strictest gun control laws in the country. State lawmakers have enacted several public safety laws related to guns.<\/p>\r\n

New York law includes universal background checks on gun purchases and an assault weapons ban. You cannot carry a concealed handgun in New York without first obtaining a permit. The state also has a red flag law to prevent the purchase and possession of guns by someone who has threatened harm to self or others.<\/p>\r\n

This article details gun laws in the state of New York.<\/p>\r\n

2022 Buffalo Supermarket Mass Shooting<\/h2>\r\n

Despite the state’s efforts, an 18-year-old white male gunman shot and killed 10 persons and injured three others in a racially motivated attack at a supermarket<\/a> in Buffalo in 2022. The shooter is serving multiple life sentences under state law and awaiting a death penalty trial in federal court.<\/p>\r\n

Although he threatened to kill students at his high school in 2021, he passed a background check and legally purchased the AR-15-style rifle used in the attack. He also equipped the gun with an illegal magazine to increase its lethality.<\/p>\r\n

After the Buffalo shooting, New York Governor Kathy Hochul<\/a> issued an executive order requiring law enforcement agencies to pursue court orders to prevent the acquisition of guns by those threatening others with harm. By June 2022, the state legislature enacted legislation to strengthen and assist law enforcement’s response to such threats and improve use of the state’s red flag law.<\/p>\r\n

Federal Firearms Laws<\/h2>\r\n

Both federal and state governments enact gun control laws. At the federal level, the Bureau of Alcohol, Tobacco, Firearms and Explosives<\/a> (ATF) plays a lead role as both an arm of law enforcement and a regulatory agency. Federal law limits the possession and ownership of certain dangerous weapons like machine guns and sets licensing standards for gun dealers.<\/p>\r\n

Federal law also guides the National Instant Criminal Background Check System<\/a> (NICS) and bans certain persons from possessing firearms.<\/p>\r\n

New York Gun Control Laws<\/h2>\r\n

In 2013, New York enacted the New York Secure Ammunition and Firearms Enforcement Act, known as the NY SAFE Act<\/a>. This law requires universal criminal background checks on all gun purchases, including private sales. It also included an assault weapon ban and increased penalties for certain gun crimes. The state also passed a <\/span>red flag law<\/a> in 2019 to prevent the purchase and possession of guns by those who show they present a threat of harm to themselves or others.<\/span><\/p>\r\n

New York requires residents to have a firearm license to possess or use a gun. There are several different gun permits.<\/p>\r\n

You must be at least 21 years of age to purchase or possess a handgun or semi-automatic rifle.<\/p>\r\n

A premises license allows you to possess a gun at your home or business.<\/p>\r\n

A concealed carry license allows you to carry a handgun in public. Only the new concealed carry license requires you to complete a gun safety training course. As of September 2022, your firearms training must include 16 hours of classroom instruction, and at least two of those hours must involve live-fire training.<\/p>\r\n

The State Police<\/a> provide a frequently asked questions (FAQ) guide on their website to help residents keep current with the laws.<\/p>\r\n

Firearms in Sensitive Locations<\/h2>\r\n

An important component of New York’s current gun laws involves its identification of sensitive locations<\/a> where the carrying of firearms is prohibited. Some of these restrictions are subject to pending litigation. Prohibited locations include:<\/p>\r\n