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 one year in jail for misdemeanor violations 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 one year 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. Sentence of 2 to 7 years. Covers possession of assault weapons, large capacity magazines, silencers, defaced firearms, three or more firearms, and weapon possession with a prior criminal conviction.[4]
- Second degree (PL 265.03): Class C violent felony. Mandatory minimum of 3.5 years, maximum of 15 years. Covers loaded firearm possession outside the home or business, five or more firearms, and possession with intent to use unlawfully.[5]
- 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. The private property default rule as applied to businesses was struck down by the Second Circuit in December 2023.[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 1 year 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): Class A misdemeanor, up to 1 year 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
Beyond incarceration, firearms convictions in New York carry serious collateral consequences. Any felony conviction, whether violent or non-violent, results in permanent loss of the right to possess firearms under both state and federal law. A felony conviction also triggers automatic revocation of any existing pistol permit or firearms license.[16] Additional consequences include loss of voting rights during incarceration, potential immigration consequences for non-citizens, and permanent criminal record effects on employment and housing. For violent felony convictions, mandatory post-release supervision is imposed in addition to the prison term: 1.5 to 3 years for Class D and E violent felonies, and 2.5 to 5 years for Class B and C violent felonies (PL 70.45).[17]