By John Mascolo, Esq. | Legally reviewed by Steven J. Ellison, Esq. | Last reviewed January 03, 2025
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
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.
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.
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.
This article details gun laws in the state of New York.
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 in Buffalo in 2022. The shooter is serving multiple life sentences under state law and awaiting a death penalty trial in federal court.
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.
After the Buffalo shooting, New York Governor Kathy Hochul 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.
Both federal and state governments enact gun control laws. At the federal level, the Bureau of Alcohol, Tobacco, Firearms and Explosives (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.
Federal law also guides the National Instant Criminal Background Check System (NICS) and bans certain persons from possessing firearms.
In 2013, New York enacted the New York Secure Ammunition and Firearms Enforcement Act, known as the NY SAFE Act. 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 red flag law in 2019 to prevent the purchase and possession of guns by those who show they present a threat of harm to themselves or others.
New York requires residents to have a firearm license to possess or use a gun. There are several different gun permits.
You must be at least 21 years of age to purchase or possess a handgun or semi-automatic rifle.
A premises license allows you to possess a gun at your home or business.
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.
The State Police provide a frequently asked questions (FAQ) guide on their website to help residents keep current with the laws.
An important component of New York's current gun laws involves its identification of sensitive locations where the carrying of firearms is prohibited. Some of these restrictions are subject to pending litigation. Prohibited locations include:
State law also provides that you can only bring a firearm on private property with the owner's verbal consent or posted signage that permits guns. But, a court ruling has prevented enforcement of this provision on private property that is held open to the public.
New York's efforts to enact strict laws to curb gun violence often bring challenges in court. In June 2022, the U.S. Supreme Court struck down New York's handgun licensing law for public carry in New York State Rifle & Pistol Association v. Bruen. In a 6-3 decision, the Bruen court found that New York's concealed carry license law provided too much discretion to local officials to reject permit applications based on subjective criteria.
It announced a new, historical test that courts must use to determine whether gun regulation violates gun owners' right to bear arms under the Second Amendment.
In July 2022, New York responded to Bruen with legislation imposing new restrictions in its Concealed Carry Improvement Act (CCIA). The CCIA did away with an applicant's need to show a reason why they needed to carry a concealed handgun in self-defense. This was the Supreme Court's main objection in the Bruen case. Yet, the state expanded the list of sensitive or prohibited locations for carrying a gun.
In October 2022, a federal district court temporarily blocked the new law. A few days later, the Second Circuit federal appeals court granted New York emergency relief, allowed certain parts of the CCIA to go into effect, and sent the law back to the district court for further consideration.
In response to an appeal from the Second Circuit decision, the U.S. Supreme Court has also remanded the case in light of its decision in U.S. v. Rahimi in 2024.
In Rahimi, the Court tried to further clarify the historical test in Bruen. Rahimi was banned from possessing firearms under federal law because he fell under a court's domestic violence protection order. The Court's 8-1 majority upheld the law and Rahimi's conviction.
Writing for the majority, Chief Justice Roberts provided further instruction to courts reviewing Second Amendment challenges to new gun laws. The key will be the court's role in deciding "whether the new law is 'relevantly similar' to laws that our tradition is understood to permit, applying faithfully the balance struck by the founding generation to modern circumstances."
The Court found that the federal law in question was similar to laws at the nation's founding that permitted courts to ban weapons from those who represent "a credible threat" to another's safety.
See the table below for more information about gun control laws in New York state. For gun laws specific to New York City, visit the city's official website.
Relevant Statutes (Laws) |
New York Civil Practice Law and Rules - Chapter 8 Article 63-a - Extreme Risk Protection Orders New York Penal Law - Chapter 40 Article 265 - Firearms and Other Dangerous Weapons (Sections 265.00 through 265.66)
Article 400 - Licensing and Other Provisions Relating to Firearms (Sections 400.00 through 400.30)
|
|---|---|
Illegal Arms |
In general, New York bans the possession of the following dangerous weapons and devices:
|
Waiting Period |
New York does not have a waiting period to purchase a gun, but a person must obtain a license to purchase a firearm. Securing a state license can take up to six months. When waiting for a criminal background check to clear in the sale of a rifle or shotgun, the dealer can wait up to 30 days for confirmation. |
Who May Not Own |
New York prohibits the following persons from possessing a firearm:
|
License Required? |
Yes. You must obtain a gun license to purchase or own a handgun or a semi-automatic rifle. |
Concealed Carry License Required? |
Yes. New York requires a license to have and possess a handgun at your home or place of business (premises permit). It also requires a license to carry a concealed handgun in public. However, you cannot carry a firearm into "sensitive locations" as defined by state law even with a license. Exceptions may apply to law enforcement officers and those in the military. Note: Your concealed carry license issued by New York State or other states may not be recognized in New York City. Check with the NYC Police Department before you bring a gun into NYC. |
Open Carried Allowed? |
Generally, no. Open carry of loaded handguns, short-barreled shotguns, or short-barreled rifles is not permitted. Open carry of loaded or unloaded assault weapons is also banned. Yet, New York has no law restricting the open carrying of other long guns in public. Generally, transporting a handgun in a vehicle requires it to be unloaded and in a locked container. |
Eligibility for a Concealed Carry License |
To obtain a concealed carry permit or license, a person must:
|
Machine Gun Laws |
New York prohibits the possession or ownership of machine guns unless registered and owned in compliance with federal law. |
Penalties for Illegal Firearm Possession |
New York has several crimes addressing illegal possession and use of a firearm. The potential penalties depend on the specific offense. Here are some common examples:
|
Penalties for Illegal Possession on or Near School Grounds |
Unlawful possession of a weapon on school grounds is a class E felony, punishable by up to four years in prison; a fine of up to $5,000; or both. |
| Red Flag Law? | Yes. New York enacted its Red Flag law in 2019 and revised it in 2022. The law permits law enforcement officers, family members, school administrators, and certain health care providers to petition the local supreme court to issue an extreme risk protection order to prevent a person found to be a threat to harm from accessing firearms. Police officers and prosecutors must file a petition in any case where they find "credible information that an individual is likely to engage in conduct that would result in serious harm to himself, herself, or others...unless such petitioner determines there is no probable cause for such a filing." |
Universal Background Checks?
|
Yes. Under New York state law, all transfers, purchases, and gun sales must go through a licensed gun dealer and include a criminal background check before delivery. Limited exceptions apply to transfers between immediate family members. |
| Stand Your Ground Law? | No. In general, New York's self-defense law requires that a person not resort to deadly force to repel an attack if they know that, with complete personal safety, they can retreat. But, they need not retreat in their own dwelling or in certain situations assisting the police. The use of deadly force may also be justified in cases involving kidnapping, forcible sexual abuse, robbery, and burglary. |
Note: State gun laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Considering the complexity of the laws, most people need a legal professional's help when navigating New York gun laws. If you have questions about a pistol license or have been charged under one of New York's many gun control laws, consider seeking legal advice.
Contact an experienced criminal defense attorney in your area who can answer your questions or help you prepare a defense.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New York attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.