Q: What are New York's safe storage requirements?

Under PL 265.45 , firearms must be securely locked in a safe storage depository or rendered inoperable with a gun locking device when not in the owner's immediate possession or control. Stricter rules apply when a person under 18, someone subject to an extreme risk protection order, or a prohibited person resides in the household. Vehicle storage requires the firearm to be unloaded and locked in a depository out of sight from outside the vehicle -- a glove compartment does not qualify. Dealers must provide a locking device with every firearm sale. Violation of the safe storage law is a Class A misdemeanor.

Q: What are New York's self-defense laws?

New York is a duty-to-retreat state under PL 35.15 . Before using deadly force, you must retreat if you know you can do so with complete safety to yourself and others. The Castle Doctrine provides an exception: you have no duty to retreat when you are in your own dwelling and are not the initial aggressor. Deadly force is justified only when you reasonably believe the attacker is using or about to use deadly physical force, or is committing kidnapping, forcible rape, forcible criminal sexual act, or robbery. The Castle Doctrine does not extend to the curtilage, yard, or vehicle. New York does not have a stand-your-ground law.

Question 1

How do I get a pistol permit in New York?

Accepted Answer

Outside New York City, you apply to your county licensing officer (typically a county court judge) under PL 400.00. You must be at least 21 years old, demonstrate "good moral character," complete 16 hours of classroom training plus 2 hours of live-fire instruction with a DCJS/NYSP-approved instructor, and pass a written exam with a score of 80% or higher. The county conducts a background investigation, collects fingerprints, and reviews character references. Fees vary by county. Carry permits must be recertified with NYSP every 3 years; premises and other non-carry permits every 5 years. In New York City, you apply through the NYPD License Division online portal with an application fee of approximately $340 plus fingerprinting fees.

Question 2

How do I get a concealed carry license in New York?

Accepted Answer

After the Supreme Court's decision in NYSRPA v. Bruen (2022), New York enacted the Concealed Carry Improvement Act (CCIA), which replaced the old "proper cause" standard with a "good moral character" requirement. All applicants must complete 16 hours of in-person classroom instruction and 2 hours of live-fire training with a DCJS/NYSP-approved instructor, then pass a written test at 80% or higher. The licensing officer reviews your application, references, and conducts a personal interview. (The CCIA originally required social media account disclosure, but the Second Circuit struck down this requirement in December 2023 in Antonyuk v. James, and the Supreme Court declined review in April 2025.) Once issued, the license must be recertified every 3 years. Be aware that the CCIA designates an extensive list of sensitive locations where licensed carry is prohibited.

Question 3

Is getting a gun license different in NYC vs. the rest of the state?

Accepted Answer

Yes, significantly. New York City operates a separate firearms licensing regime administered by the NYPD License Division. In NYC, you need a separate license for handguns and a separate permit for rifles and shotguns. Outside NYC, a pistol permit is required only for handguns, and no permit is needed for rifles or shotguns (except the statewide semiautomatic rifle license since September 2022). NYC application fees are approximately $340, while rest-of-state fees vary by county. NYC licenses expire and must be renewed every 3 years, whereas rest-of-state permits do not expire but must be recertified with NYSP (every 3 years for carry licenses, every 5 years for premises and other non-carry licenses) under PL 400.00.

Question 4

What firearms are classified as assault weapons in New York?

Accepted Answer

Under the SAFE Act's one-feature test (PL 265.00(22)), a semiautomatic rifle with a detachable magazine and any one prohibited feature qualifies as an assault weapon. Prohibited features include a pistol grip, folding or telescoping stock, thumbhole stock, flash suppressor, bayonet mount, or grenade launcher. Similar tests apply to semiautomatic pistols and shotguns. This replaced the pre-2013 two-feature test, substantially broadening the definition. Owners of pre-SAFE Act assault weapons had until April 15, 2014 to register them with NYSP. Possession of an unregistered assault weapon is a Class D felony punishable by 2 to 7 years in prison under PL 265.02(7).

Question 5

What is the magazine capacity limit in New York?

Accepted Answer

New York prohibits magazines capable of holding more than 10 rounds of ammunition under PL 265.00(23). A "large capacity ammunition feeding device" includes any magazine, belt, drum, or feed strip that has a capacity of, or can be readily restored or converted to accept, more than ten rounds. The SAFE Act's original 7-round loading limit was struck down by federal courts, so the effective limit remains 10 rounds. Tubular devices designed exclusively for .22 caliber rimfire ammunition are exempt. Possession of a large capacity feeding device is a Class D felony carrying a sentence of 2 to 7 years under PL 265.02(8).

Question 6

What are New York's safe storage requirements?

Accepted Answer

Under PL 265.45, firearms must be securely locked in a safe storage depository or rendered inoperable with a gun locking device when not in the owner's immediate possession or control. Stricter rules apply when a person under 18, someone subject to an extreme risk protection order, or a prohibited person resides in the household. Vehicle storage requires the firearm to be unloaded and locked in a depository out of sight from outside the vehicle -- a glove compartment does not qualify. Dealers must provide a locking device with every firearm sale. Violation of the safe storage law is a Class A misdemeanor.

Question 7

Where can I NOT carry with a concealed carry license?

Accepted Answer

The CCIA created an extensive list of sensitive locations under PL 265.01-e where licensed carry is categorically prohibited. These include government buildings, courts, health care facilities, schools, colleges, libraries, public parks, playgrounds, public transit (subways, buses, and trains), Times Square, bars and restaurants serving alcohol, entertainment venues, polling places, and airports. The places-of-worship ban was struck down by federal courts in Hardaway v. James, so carry is now permitted in houses of worship unless the institution posts signage prohibiting it. Violation is a Class E felony punishable by up to 4 years in prison.

Question 8

What are the ghost gun rules in New York?

Accepted Answer

The Jose Webster Untraceable Firearms Act (2022) prohibits the possession, sale, and manufacture of unserialized firearms (ghost guns). The companion Scott J. Beigel Unfinished Receiver Act (2022) extends the prohibition to unfinished frames and receivers that can be readily made functional. A six-month grace period allowed owners to either serialize their firearms through a licensed gunsmith and register them with NYSP, or surrender them. Possession of a ghost gun is a Class A misdemeanor, while sale or manufacture of unserialized firearms carries higher penalties. Criminal sale of an unfinished frame or receiver is a Class D or Class E felony depending on quantity.

Question 9

What are New York's self-defense laws?

Accepted Answer

New York is a duty-to-retreat state under PL 35.15. Before using deadly force, you must retreat if you know you can do so with complete safety to yourself and others. The Castle Doctrine provides an exception: you have no duty to retreat when you are in your own dwelling and are not the initial aggressor. Deadly force is justified only when you reasonably believe the attacker is using or about to use deadly physical force, or is committing kidnapping, forcible rape, forcible criminal sexual act, or robbery. The Castle Doctrine does not extend to the curtilage, yard, or vehicle. New York does not have a stand-your-ground law.

Question 10

Does New York honor my out-of-state carry permit?

Accepted Answer

No. New York does not recognize concealed carry permits from any other state, and a New York pistol license does not authorize carry in other states. Non-residents cannot legally carry a firearm in New York without a New York-issued license. In August 2024, the NYPD adopted an emergency rule opening concealed carry license applications to certain non-residents who demonstrate a significant connection to New York City. For interstate transport, the federal Firearms Owners' Protection Act (FOPA) provides safe passage through New York if firearms are unloaded, locked, and inaccessible, and you make only necessary stops.

Question 11

Is open carry legal in New York?

Accepted Answer

Open carry of handguns is effectively prohibited. Possessing a loaded handgun outside your home or place of business without a valid carry license is criminal possession of a weapon in the second degree under PL 265.03, a Class C violent felony carrying a mandatory minimum sentence of 3.5 years and up to 15 years in prison. For long guns, no specific statute currently bans open carry of unloaded rifles or shotguns, but proposed legislation (S.1273) would prohibit it. Open carry of loaded assault weapons, short-barreled rifles, or short-barreled shotguns is independently prohibited under existing law.

Question 12

Can I sell a gun privately in New York?

Accepted Answer

Yes, but all private sales, exchanges, and disposals of firearms, rifles, and shotguns must go through a licensed dealer who conducts a NICS background check under GBL 898. The dealer may charge a fee of up to $10 for this service. There is an exemption for transfers between immediate family members, defined as spouses, domestic partners, children, and stepchildren. Failure to conduct the transfer through a licensed dealer is a Class A misdemeanor. The dealer must maintain records of all private-sale transactions, which are subject to inspection by law enforcement.

Question 13

Do I need a license to buy a semiautomatic rifle?

Accepted Answer

Yes. Since September 4, 2022, New York requires a semiautomatic rifle license to purchase or take ownership of any semiautomatic rifle under PL 400.00. The minimum age is 21. Those between 18 and 20 may still purchase bolt-action, pump-action, lever-action, and single-shot rifles, as well as most shotguns, without a special license. Semiautomatic rifles owned before the September 4, 2022 effective date are grandfathered and do not require a license for continued possession. The license application is processed through your county licensing officer.

Question 14

Can I own a gun in New York if I use marijuana?

Accepted Answer

Despite New York's legalization of recreational cannabis under the Marijuana Regulation and Taxation Act (MRTA), federal law continues to prohibit firearms possession by current, regular marijuana users. Cannabis remains a Schedule I controlled substance under federal law, and 18 U.S.C. 922(g)(3) bars any "unlawful user of or addicted to any controlled substance" from possessing firearms or ammunition. In January 2026, the ATF published an interim final rule narrowing the definition of "unlawful user" to mean regular, ongoing use over an extended period -- a single past incident of use no longer automatically disqualifies a person. However, current regular marijuana users remain prohibited under both the revised ATF rule and the ATF Form 4473 question 21.e. The Supreme Court is considering a related case, U.S. v. Hemani, which may further clarify this area of law. Consult an attorney for guidance on your specific situation.

Question 15

What are the penalties for violating New York gun laws?

Accepted Answer

New York firearms penalties are among the strictest in the nation. Unlicensed handgun possession is a Class E felony (up to 4 years) under PL 265.01-b. Possessing a loaded firearm without a license is a Class C violent felony (3.5 to 15 years mandatory) under PL 265.03. Assault weapon possession is a Class D felony (2 to 7 years). Large capacity magazine possession is a Class D felony (2 to 7 years). Carrying in a sensitive location is a Class E felony (up to 4 years). Possession of 10 or more firearms is a Class B violent felony (5 to 25 years). Criminal sale of a firearm ranges from Class D to Class B felony depending on circumstances.

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