Open Carry in New York:
Handguns and Long Guns

Handgun Open Carry: Effectively Prohibited

New York licenses generally authorize concealed public carry of a pistol or revolver rather than open carry. A license holder who carries openly in public violates the terms of that license and may be prosecuted under Penal Law Section 400.00(15). Separately, Penal Law Section 265.01-e restricts firearm possession in sensitive locations, including Times Square and public transit, whether the weapon is concealed or displayed. The September 2025 Frey decision affirmed the denial of preliminary relief and remanded the case.^[1]

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] Subject to limited exceptions, New York City generally requires a separate rifle and shotgun permit from the NYPD License Division, making open carry of long guns within the five boroughs effectively unavailable without that permit.^[5]

Proposed Legislation

Senate Bill S1273 would generally prohibit openly carrying a rifle or shotgun while creating enumerated exceptions, including specified hunting, training, competition, private-property, and official-duty circumstances. As of July 2026, S1273 remains in the Senate Codes Committee and has not been enacted.^[6] The prior-session version, S9137-A, passed the Senate in June 2024 but remained in the Assembly Codes Committee when that session ended.^[8]

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]