New York Gun Laws

New York imposes two tiers of child access prevention liability on firearm owners: a class A misdemeanor for failing to store firearms away from minors under 18 and a violation for knowingly leaving firearms accessible to children under 16.

New York Penal Law Article 265 defines four degrees of criminal weapon possession, from Class A misdemeanor to Class B violent felony, with escalating penalties.

New York Penal Law Sections 265.11 through 265.13 establish three degrees of criminal sale of a firearm, ranging from a Class D felony to a Class B felony, with penalties escalating based on the number of firearms sold and the seller's authorization status.

New York imposes mandatory minimum prison sentences for violent felony weapon possession offenses under PL 265.02, 265.03, and 265.04, with enhanced minimums for second violent felony offenders and persistent violent felony offenders.

New York imposes severe firearms penalties ranging from Class A misdemeanors to Class B violent felonies for possession, sale, carry, and storage violations under PL Article 265.

New York effectively prohibits open carry of handguns by requiring a concealed carry license. Open carry of unloaded long guns faces practical restrictions and proposed bans.

New York has expanded its rapid-fire modification device ban to explicitly cover pistol converters (commonly known as Glock switches or auto-sears), which can convert semiautomatic pistols into fully automatic weapons.

PL 265.00 defines every key firearms term in New York law, including firearm, rifle, shotgun, assault weapon, large capacity magazine, ghost gun, and rapid-fire device.

Penal Law 265.00(22), as amended by the NY SAFE Act of 2013, defines "assault weapon" using a one-feature test that broadened the prior two-feature standard and banned semiautomatic firearms with a detachable magazine and any single military-style feature.

Penal Law 265.00(23) defines "large capacity ammunition feeding device" as any magazine, belt, drum, or similar device capable of accepting more than ten rounds, with narrow exceptions for .22 rimfire tubular devices and registered curio or relic feeding devices.

PL 265.01-b makes possession of any firearm (as defined under New York law, primarily handguns) without a valid license a Class E felony, punishable by up to four years in state prison.

Penal Law Section 265.01-c prohibits the possession of any rapid-fire modification device in New York, including bump stocks, trigger cranks, binary trigger systems, and burst trigger systems. Possession is a Class A misdemeanor; sale is a Class E felony.

Penal Law Section 265.03 makes possession of a loaded firearm outside the home or place of business without a valid license a Class C violent felony, carrying a mandatory minimum sentence of 3.5 years and a maximum of 15 years in state prison.

Penal Law 265.20 enumerates the categories of persons and circumstances exempt from New York's criminal weapons possession statutes, including law enforcement, military, licensed dealers, and government employees.

New York Penal Law Section 265.45 establishes criminal penalties for failing to securely store rifles, shotguns, and firearms when residing with minors under 18 or prohibited persons, and when leaving firearms unattended in vehicles.

New York categorically prohibits the possession of short-barreled rifles, short-barreled shotguns, machine guns, and firearm silencers (suppressors). These prohibitions are enforced through felony-level criminal charges under Penal Law Article 265.

New York Penal Law Section 265.45(2) requires firearms left in vehicles to be unloaded, locked in a safe storage depository, and concealed from view. A glove compartment does not qualify as a safe storage depository.

New York Penal Law Section 400.03 requires ammunition sellers to conduct a background check through the statewide license and record database before transferring ammunition to any purchaser, with specific registration and record-keeping obligations.

New York requires firearms dealers to provide a gun locking device and a safety warning label with every firearm transfer, and to post conspicuous in-store signage about responsible storage and suicide prevention resources.

New York's PL 400.00 governs pistol permit eligibility, the good moral character standard, training mandates, license types, and recertification as amended by the 2022 CCIA.

Penal Law 400.01 establishes the mental health-related disqualifiers for firearms license eligibility, including involuntary commitment, civil confinement, and mental health professional reporting obligations under the SAFE Act.

Penal Law 400.03, enacted as part of the CCIA of 2022, requires all ammunition sellers to register with the State Police and conduct background checks on purchasers before completing any ammunition transfer.

New York premises license holders may transport handguns only to specific authorized destinations, with firearms unloaded and secured in a locked container separate from ammunition during a continuous and uninterrupted trip.

The SAFE Act required lawful owners of assault weapons to register them with the New York State Police by April 15, 2014. Registered assault weapons may be retained but cannot be transferred within the state.

New York prohibits possession of ammunition feeding devices capable of holding more than ten rounds. The SAFE Act's original seven-round loading limit was struck down by federal courts, but the ten-round magazine capacity limit remains in full effect.

New York's SAFE Act replaced the former two-feature test with a one-feature test, broadly defining assault weapons as semiautomatic firearms possessing any single military-style characteristic. Possession of an unregistered assault weapon is a Class D felony.

Penal Law Section 400.00(19) requires all concealed carry applicants to complete 16 hours of in-person classroom instruction and 2 hours of live-fire range training from a DCJS/NYSP-approved instructor.

New York's Concealed Carry Improvement Act replaced the "proper cause" standard struck down in NYSRPA v. Bruen with a "good moral character" framework requiring 16 hours of classroom training plus 2 hours of live-fire instruction, background investigation, and three-year recertification.

The CCIA created Class E felony offenses for carrying firearms in sensitive and restricted locations, each carrying up to four years in prison. Court rulings have modified several provisions.

Penal Law Section 265.01-d establishes a default rule prohibiting firearms on private property unless the owner affirmatively permits carry through signage or express consent. The Second Circuit struck down the provision as applied to businesses open to the public.

Penal Law Section 265.01-e prohibits the possession of firearms, rifles, or shotguns in an extensive list of designated "sensitive locations" -- even for licensed concealed carry holders -- with violations classified as a Class E felony.

The CCIA designates the Times Square pedestrian zone and all public transit systems as sensitive locations where firearms are prohibited, with the Second Circuit upholding both bans in Frey v. City of New York (September 2025).

New York firearms dealers must provide a locking device and safety warning with every transfer, post in-store storage notices, and display 988 suicide prevention signage.

New York General Business Law Section 898 requires a NICS background check through a licensed dealer before any private sale, exchange, or disposal of a firearm, rifle, or shotgun, with limited exceptions for immediate family transfers.

New York requires all private firearm sales to be conducted through a licensed dealer who performs a NICS background check, with a maximum facilitation fee of $10 and specific record-keeping obligations.

New York City issues several distinct handgun license types through the NYPD License Division, each with different privileges and restrictions governing where and how a licensee may possess or carry a handgun.

In August 2024, the NYPD adopted an emergency rule allowing certain non-New York residents to apply for a concealed carry handgun license in New York City, provided they can demonstrate a significant connection to the city and meet all standard licensing requirements.

New York City is unique in requiring a separate permit for the possession of rifles and shotguns, a requirement that does not exist anywhere else in New York State for non-semiautomatic long guns.

NYC operates a separate firearms licensing system with its own authorities, additional permit requirements, different fees, and stricter license portability rules.

The NYPD License Division processes all NYC firearms license applications online, requiring fees, fingerprinting, background checks, and interviews before issuance.

Since July 2022, New York prohibits the purchase, sale, and possession of body armor by individuals not engaged in an eligible profession, with violations ranging from a class A misdemeanor to a class E felony for repeat offenders.

New York requires credit and debit card networks to assign a specific merchant category code (MCC) to firearms dealers, enabling financial institutions to identify and monitor firearm and ammunition purchase patterns.

The Jose Webster Untraceable Firearms Act prohibits the possession, sale, and manufacture of unserialized firearms (ghost guns) in New York. Possession is a Class A misdemeanor, and the law requires serialization of all firearms, frames, and receivers.

The Scott J. Beigel Unfinished Receiver Act regulates unfinished frames and receivers -- the precursor parts used to build ghost guns -- by requiring serialization and restricting their sale and possession in New York.

Since September 4, 2022, New York requires individuals to be at least 21 years old and hold a semiautomatic rifle license before purchasing or taking possession of any semiautomatic rifle.