Handgun Open Carry: Effectively Prohibited
New York does not issue open carry licenses for handguns. Under Penal Law Section 265.03, any person who possesses a loaded handgun (pistol or revolver) outside of their home or place of business without a valid license is guilty of criminal possession of a weapon in the second degree, a Class C violent felony.[1] Even with a valid concealed carry license, the license by its terms authorizes only concealed carry. There is no statutory mechanism by which a private citizen may lawfully carry a handgun openly in public in New York.[2]
The Second Circuit upheld New York's effective ban on open carry in Frey v. City of New York (September 2025), finding that the prohibition was consistent with the historical tradition of firearms regulation under the Bruen framework.[3]
Long Gun Open Carry: Legal Gray Area
New York has no statute that specifically prohibits the open carry of unloaded rifles or shotguns by persons who are otherwise eligible to possess them. Unlike handguns, rifles and shotguns do not require a license for possession outside of New York City (except that a semiautomatic rifle license is required for semiautomatic rifles purchased after September 4, 2022).[4]
However, carrying a loaded assault weapon, short-barreled rifle, or short-barreled shotgun outside of the home or place of business is prohibited under PL 265.03.[1] In New York City, a separate permit from the NYPD License Division is required to possess any rifle or shotgun, making open carry of long guns within the five boroughs effectively impossible without a permit.[5]
Proposed Legislation
Multiple bills have been introduced in the New York State Legislature to formally prohibit the open carry of rifles and shotguns. Senate Bill S.1273 and Senate Bill S.9137-A would ban openly carrying rifles or shotguns in public, with enumerated exemptions for hunting, target shooting, and lawful transport.[6] As of March 2026, neither bill has been signed into law.
Practical Considerations
While the open carry of unloaded long guns may not violate a specific state statute outside of New York City, such conduct can still result in law enforcement encounters. Officers may respond to reports of a person carrying a firearm in public, and local ordinances in some municipalities may impose additional restrictions. Any interaction with law enforcement while carrying a firearm carries inherent risk, and the absence of a specific prohibition does not guarantee that a person will not face charges under other provisions of the Penal Law.[7]