New York Firearms Penalties Overview

New York's firearms penalty structure is among the most stringent in the United States. The state's weapons offenses are codified primarily in Penal Law Article 265 and carry penalties ranging from up to 364 days in jail for class A misdemeanors to mandatory minimum sentences of 5 to 25 years in state prison for the most serious offenses.^[1] This overview covers the full range of firearms-related penalties under New York law.

Possession Offenses

New York structures its weapon possession offenses across four degrees, each carrying distinct penalties:

• Fourth degree (PL 265.01): Class A misdemeanor. Maximum penalty of 364 days in jail. Covers basic unlawful possession of firearms, dangerous weapons, ghost guns, and weapons possession by persons with prior felony convictions.^[2]
• Criminal possession of a firearm (PL 265.01-b): Class E felony. Maximum penalty of four years in state prison. Targets unlicensed possession of handguns and firearms as defined by PL 265.00(3).^[3]
• Third degree (PL 265.02): Class D felony. The elements and sentencing rules vary by subdivision. Section 70.02 classifies subdivisions five through ten as violent felonies and supplies special sentencing rules for several of them. Covered conduct includes specified possession of assault weapons, large capacity ammunition feeding devices, silencers, defaced weapons, and multiple firearms.^[4][17]
• Second degree (PL 265.03): Class C violent felony. For a person sentenced under the currently effective Section 70.02 rule, the determinate range is 3.5 to 15 years. The offense covers loaded firearm possession outside the home or business, possession of five or more firearms, and possession of a machine gun, loaded firearm, or disguised gun with intent to use it unlawfully against another.^[5][17]
• First degree (PL 265.04): Class B violent felony. Mandatory minimum of 5 years, maximum of 25 years. Covers possession of ten or more firearms and explosive substances with unlawful intent.^[6]

Sale and Trafficking Offenses

New York criminalizes the unlawful sale of firearms across three degrees under PL 265.11 through 265.13:

• Third degree (PL 265.11): Class D felony, 2 to 7 years. Unauthorized sale of a firearm or large capacity ammunition feeding device.^[7]
• Second degree (PL 265.12): Class C felony, up to 15 years. Sale of five or more firearms.^[8]
• First degree (PL 265.13): Class B felony, 5 to 25 years. Sale of ten or more firearms.^[9]

CCIA Location-Based Offenses

The Concealed Carry Improvement Act of 2022 created two additional felony offenses for possessing firearms in designated locations:

• Sensitive locations (PL 265.01-e): Class E felony, up to 4 years. Covers government buildings, schools, parks, public transportation, entertainment venues, and other enumerated locations.^[10]
• Restricted locations (PL 265.01-d): Class E felony, up to 4 years. Covers private property where the owner has prohibited firearms. In December 2023, the Second Circuit affirmed a preliminary injunction against enforcement of the private property default rule on private property open to the public.^[11]

Other Firearms Penalties

Several additional firearms offenses carry distinct penalties:

• Rapid-fire modification device possession (PL 265.01-c): Class A misdemeanor, up to 364 days in jail. Sale, manufacture, transport, or disposal of a rapid-fire modification device is a Class E felony under PL 265.10, up to 4 years.^[12]
• Private sale without background check (GBL 898): A knowing violation is a Class A misdemeanor, punishable by up to 364 days in jail.^[13]
• Weapon possession on school grounds (PL 265.01-a): Class E felony, up to 4 years.^[14]
• Safe storage violations (PL 265.45): Failure to safely store firearms when residing with a minor under 18 or a prohibited person is a Class A misdemeanor, up to 1 year in jail.^[15]

Collateral Consequences

Firearms convictions can also affect licensing, future firearms eligibility, employment, housing, and immigration status. Those consequences depend on the offense, the person's record, and any available relief. Penal Law Section 70.45 requires post-release supervision when a court imposes a determinate sentence. For a determinate sentence imposed for a non-sex Class D or E violent felony, the supervision range is 1.5 to 3 years. For a non-sex Class B or C violent felony, the range is 2.5 to 5 years. Different ranges apply to felony sex offenses.^[17]