New York Gun Laws
Current New York firearms statutes and regulations, organized by topic.
Penal Law Art. 265
New York Penal Law Article 265 (Firearms and Other Dangerous Weapons) governing definitions, criminal possession, prohibited weapons, ghost guns, and rapid-fire modification devices.
Child Access Prevention and Safe Storage Requirements
New York's first-degree safe-storage offense covers specified households and vehicles. Its second-degree offense covers a child under 16 who is likely to gain access.
Effective●Reviewed Jul 23, 2026StoragePenaltiesCriminal Possession of a Weapon: Degrees and Penalties
New York Penal Law Sections 265.01 through 265.04 define four degrees of criminal weapon possession. Elements and sentencing rules vary by section and subdivision.
Effective●Reviewed Jul 23, 2026PenaltiesCriminal Sale of a Firearm: PL 265.11-265.13
New York Penal Law Sections 265.11 through 265.13 define three criminal-sale offenses. The required conduct and quantity thresholds differ by degree.
Effective●Reviewed Jul 23, 2026DealerPenaltiesNew York Firearms Penalties Overview
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.
Effective●Reviewed Jul 23, 2026PenaltiesNew York Vehicle Firearm Storage Requirements
New York requires a rifle, shotgun, or firearm left outside a person's immediate possession or control in a vehicle to be unloaded, locked in a qualifying depository, and hidden from view, subject to a limited official-duty exception.
Effective●Reviewed Jul 23, 2026StorageTransport+1New York Weapons Offense Sentencing Ranges
New York weapons sentencing depends on the exact offense subdivision, felony classification, criminal history, and statutory alternatives. Article 70 ranges are not a universal sentence for every conviction.
Effective●Reviewed Jul 23, 2026PenaltiesOpen Carry in New York: Handguns and Long Guns
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.
Effective●Reviewed Jul 23, 2026PenaltiesOpen CarryPistol Converters and Auto-Sears in New York
New York classifies pistol converters as rapid-fire modification devices. Knowing possession is a Class A misdemeanor, while specified manufacture, transport, shipment, and disposal are Class E felonies.
Effective●Reviewed Jul 23, 2026PenaltiesRapid-Fire DevicePL 265.00: New York Firearm and Weapon Definitions
Penal Law Section 265.00 defines firearms, rifles, shotguns, silencers, large-capacity feeding devices, assault weapons, and related terms used throughout New York weapons law.
Effective●Reviewed Jul 23, 2026Assault WeaponsGhost Gun+2PL 265.00(22): New York Assault Weapon Definition
Penal Law Section 265.00(22) uses separate feature tests and exclusions for semiautomatic rifles, pistols, and shotguns, plus specified listed weapons and revolving-cylinder shotguns.
Effective●Reviewed Jul 23, 2026Assault WeaponsSAFE ActPL 265.00(23): Large Capacity Ammunition Feeding Device
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 attached .22 rimfire tubular devices and registered curio or relic feeding devices.
Effective●Reviewed Jul 23, 2026Large CapacitySAFE ActPL 265.01-b: Criminal Possession of a Firearm
Penal Law Section 265.01-b creates a Class E felony with separate possession and registration-failure pathways. Licensing, statutory definitions, exemptions, and related loaded-firearm offenses must be analyzed separately.
Effective●Reviewed Jul 23, 2026PenaltiesPistol PermitPL 265.01-c: Rapid-Fire Modification Devices
New York prohibits knowing possession of a rapid-fire modification device. The definition includes bump stocks, trigger cranks, binary and burst trigger systems, pistol converters, and other devices designed to accelerate semiautomatic fire.
Effective●Reviewed Jul 23, 2026PenaltiesRapid-Fire DevicePL 265.03: Criminal Possession of a Weapon in the Second Degree
Penal Law Section 265.03 is a Class C felony covering specified unlawful-intent possession, possession of five or more firearms, and possession of a loaded firearm subject to a qualified home-or-business rule and statutory exemptions.
Effective●Reviewed Jul 23, 2026PenaltiesCCWPL 265.20: Exemptions from Weapons Offenses
Penal Law Section 265.20 contains activity-specific and person-specific exemptions from listed weapons offenses. Each exemption is limited by its own weapon, role, location, authorization, and conduct requirements.
Effective●Reviewed Jul 23, 2026PenaltiesPL 265.45: Safe Storage of Firearms
New York Penal Law Section 265.45 requires secure storage in specified households and when a rifle, shotgun, or firearm is left outside a person's immediate possession or control in a vehicle.
Effective●Reviewed Jul 23, 2026StoragePenalties+1Prohibited Weapons: SBRs, SBSs, Machine Guns, and Suppressors
New York separately regulates short-barreled rifles and shotguns, machine guns, and firearm silencers under Article 265. The applicable offense depends on the statutory definition, conduct, and exemptions.
Effective●Reviewed Jul 23, 2026FederalPenalties
Penal Law Art. 400
New York Penal Law Article 400 (Licensing and Other Provisions Relating to Firearms) governing pistol permits, carry licenses, ammunition seller requirements, and recertification.
Ammunition Background Check Requirement
New York Penal Law Section 400.03 generally requires a firearms dealer or registered ammunition seller to complete a database background check before a commercial ammunition transfer to an individual purchaser, subject to statutory system-outage and waiver exceptions.
Effective●Reviewed Jul 22, 2026PurchaseCCIA+2Dealer Locking Device and Safety Warning Requirements
New York retail firearm transfers require a qualifying gun locking device and the current General Business Law Section 396-ee storage notice. A separate Penal Law warning covers suicide and other household risks.
Effective●Reviewed Jul 22, 2026StorageDealerNew York Firearms License Eligibility and Mental Health Reporting
Penal Law 400.00 sets mental-health eligibility criteria for firearms licenses, while Mental Hygiene Law 9.46 governs reports of a substantial risk or threat of harm. Penal Law 400.01 separately concerns retired State Police members.
Effective●Reviewed Jul 22, 2026Pistol PermitPL 400.00: New York Firearm Licensing
New York Penal Law Section 400.00 governs firearm-license eligibility, license categories, investigation, processing, training, renewal, and recertification.
Effective●Reviewed Jul 23, 2026CCIAPistol Permit+1PL 400.03: Sellers of Ammunition
Penal Law Section 400.03 requires ammunition-seller registration and pre-transfer background checks for covered retail transactions, with exceptions for licensed firearms dealers, specified transferees, outages, and waivers.
Effective●Reviewed Jul 23, 2026CCIAAmmunition Background Check+1Transporting Handguns on a New York Premises License
A New York premises license permits defined handgun transport when the weapon is unloaded in a locked container and ammunition is carried separately. New York City adds its own restrictions.
Effective●Reviewed Jul 23, 2026TransportPistol Permit+1
SAFE Act
The New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013, establishing the assault weapon one-feature test, magazine capacity limits, safe storage requirements, and registration mandates.
Assault Weapon Registration and Grandfathering
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.
Effective●Reviewed Jul 23, 2026Assault WeaponsRegistration+1Large Capacity Magazine Ban (10-Round Limit)
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.
Effective●Reviewed Jul 23, 2026PenaltiesLarge Capacity+1New York SAFE Act Assault Weapon Definitions and Prohibitions
New York applies separate assault-weapon tests to semiautomatic rifles, pistols, and shotguns, with statutory exclusions, possession offenses, registration rules, transfer limits, and defined exemptions.
Effective●Reviewed Jul 23, 2026Assault WeaponsPenalties+1
CCIA
The Concealed Carry Improvement Act of 2022, enacted after NYSRPA v. Bruen, establishing the post-Bruen licensing framework, sensitive and restricted locations, and training requirements.
CCIA Training Requirements: 16+2 Hours
Penal Law Section 400.00(19) requires applicants seeking issuance or renewal of a carry-concealed license to complete 16 hours of in-person curriculum and 2 hours of live-fire training with a DCJS-approved instructor.
Effective●Reviewed Jul 22, 2026CCIANYSP+2Concealed Carry Under the CCIA: Licensing Framework
After Bruen invalidated New York's proper-cause standard, the CCIA imposed a good-moral-character framework and training rules for carry-concealed licenses, with jurisdiction-specific recertification or renewal.
Effective●Reviewed Jul 23, 2026BruenCCIA+2New York Times Square and Public Transit Carry Rules
New York treats public transportation and the statutorily defined Times Square area as sensitive locations, subject to statutory exceptions and continuing constitutional litigation.
Effective●Reviewed Jul 23, 2026Prohibited AreasCCIA+2Penalties for CCIA Violations (Sensitive and Restricted Locations)
New York treats possession in sensitive and restricted locations as Class E felonies, but federal rulings limit enforcement of the private-property rule on property open to the public.
Effective●Reviewed Jul 23, 2026PenaltiesCCIA+2PL 265.01-d: Restricted Locations (Private Property Default)
Courts have blocked New York from requiring express owner consent for licensed carry on private property open to the public. Property owners may still prohibit firearms.
Court Challenge●Reviewed Jul 22, 2026Prohibited AreasCCIA+2PL 265.01-e: New York Sensitive Locations
Penal Law Section 265.01-e prohibits knowing or reasonably knowable firearm, rifle, or shotgun possession in listed sensitive locations, subject to statutory exceptions and category-specific court rulings.
Court Challenge●Reviewed Jul 23, 2026PenaltiesProhibited Areas+2
General Business Law
New York General Business Law provisions affecting firearms, including GBL 898 governing private sales and universal background checks.
Dealer Requirements and Safety Warning Obligations
New York dealers must distinguish the locking-device label and store notice under General Business Law Section 396-ee from the separate 26-point warning required by Penal Law Section 400.00(20).
Effective●Reviewed Jul 23, 2026PurchaseDealerGBL 898: Universal Background Check Requirement
New York General Business Law Section 898 generally requires covered private firearm, rifle, and shotgun transfers to use a licensed dealer for a background check, with defined exceptions.
Effective●Reviewed Jul 23, 2026PurchaseDealer+1Private Sale Process Through a Licensed Dealer
New York generally requires covered private firearm transfers to use a licensed dealer for a background check. Transfers between defined immediate-family members are excluded.
Effective●Reviewed Jul 23, 2026PurchaseDealer+1
NYC Administrative Code
New York City Administrative Code and RCNY Title 38 provisions establishing the city's separate firearms licensing regime through the NYPD License Division.
New York City Rifle and Shotgun Permit Requirements
NYC Administrative Code Section 10-303 generally requires a city rifle and shotgun permit, subject to resident-application timing, nonresident purchase and transit provisions, and other statutory exceptions.
Effective●Reviewed Jul 23, 2026NYPD License DivisionNYCNYC Handgun License Types: Premises, Carry, and Special
New York City issues premises, carry, guard, gun-custodian, and special handgun licenses under Penal Law Section 400.00 and Title 38 of the Rules of the City of New York.
Effective●Reviewed Jul 23, 2026Pistol PermitNYPD License Division+1NYC Non-Resident Concealed Carry License Requirements
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.
Effective●Reviewed Mar 13, 2026Non-ResidentNYPD License Division+2NYC vs. Rest of State: Key Licensing Differences
NYC operates a separate firearms licensing system with its own authorities, additional permit requirements, different fees, and stricter license portability rules.
Effective●Reviewed Jul 23, 2026Pistol PermitNYPD License Division+1NYPD License Division: Application Process and Fees
The NYPD License Division processes all NYC firearms license applications online, requiring fees, fingerprinting, background checks, and interviews before issuance.
Effective●Reviewed Jul 23, 2026NYPD License DivisionNYC
Session Laws
New York legislative acts that amend existing statutes or create new firearms regulations, including the Jose Webster Act, Beigel Act, and recent gun safety packages.
Body Armor Restrictions in New York
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.
Effective●Reviewed Jul 23, 2026PenaltiesBody ArmorCredit Card Merchant Category Code Requirements
New York General Business Law Section 529-a requires payment card networks to make the firearms merchant category code available and merchant acquirers to assign it to covered firearms dealers.
Effective●Reviewed Jul 22, 2026PurchaseDealerJose Webster Act: Ghost Gun Prohibition
The Jose Webster Untraceable Firearms Act prohibits specified possession, sale, and manufacture of unserialized firearms in New York. Covered gunsmiths and dealers must serialize and register unserialized firearms, frames, and receivers in their possession.
Effective●Reviewed Jul 23, 2026Ghost GunPenalties+1Scott J. Beigel Act: Unfinished Frame and Receiver Regulation
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.
Effective●Reviewed Jul 23, 2026Ghost GunBeigel ActSemiautomatic Rifle Purchase Requirements (Age 21+)
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.
Effective●Reviewed Mar 13, 2026PurchaseCCIA+1