No Carry in Times Square & NYC Transit

Times Square as a Sensitive Location

Penal Law Section 265.01-e designates the Times Square pedestrian zone as a sensitive location where the possession of firearms, rifles, and shotguns is prohibited.^[1] The zone consists of two distinct tracts: Tract 1 spans from Sixth Avenue (east) to Eighth Avenue (west), West 40th Street (south) to West 53rd Street (north); Tract 2 spans from Eighth Avenue (east) to Ninth Avenue (west), West 40th Street (south) to West 48th Street (north). The area between West 48th and West 53rd Streets from Eighth Avenue to Ninth Avenue is not within the sensitive location zone.^[2] This prohibition applies at all hours, regardless of whether the pedestrian zone is actively restricted to vehicle traffic, and applies even to holders of valid concealed carry licenses.

The New York City government has installed signage at the perimeter of the designated Times Square zone notifying the public that firearms possession is prohibited within the area.^[3]

Public Transit Prohibition

Section 265.01-e also designates all forms of public transportation as sensitive locations. This prohibition encompasses:^[1]

The New York City subway system (all stations, platforms, and cars)
MTA buses
Metro-North Railroad
Long Island Rail Road (LIRR)
Ferries operated by NYC Ferry or other public transit authorities
All associated terminals, platforms, and waiting areas

The ban applies to all riders at all hours, covering the entire transit system from station entrance to exit. There is no exception for licensed concealed carry permit holders who are traveling through the transit system.^[4]

The Frey v. City of New York Decision

In September 2025, the U.S. Court of Appeals for the Second Circuit issued its decision in Frey v. City of New York, affirming the constitutionality of both the Times Square and public transit carry prohibitions.^[5]

The court applied the Bruen historical analogue framework and reached the following conclusions:

Times Square

The Second Circuit analogized Times Square to historical restrictions on firearms in crowded public markets, fairs, and large civic gatherings. Judge Bianco wrote that "there is perhaps no public place more quintessentially crowded than Times Square," describing it as "our modern-day, electrified, supersized equivalent of fairs, markets, and town squares of old."^[6]

Public Transit

For the subway, Metro-North, and LIRR, the court pointed to historical regulation of firearms on common carriers -- early rail systems, ferries, and stagecoaches -- as sufficient historical analogues. The court found that the crowded, enclosed nature of public transit vehicles and stations justified the state's interest in prohibiting firearms in these spaces.^[7]

Penalties

Carrying a firearm in Times Square or on public transit is a violation of PL 265.01-e, classified as a Class E felony. Offenders face up to four years in state prison, a permanent felony record, and automatic revocation of any firearms license.^[8]

Exemptions

Active law enforcement officers, peace officers, and military personnel acting in an official capacity are exempt from the Times Square and public transit prohibitions under PL 265.20. MTA police officers and NYPD transit officers are also exempt while on duty.^[9]

New Legal Challenge: Goldberger v. James (March 2026)

On March 20, 2026, the Firearms Policy Coalition filed Goldberger v. James in the Southern District of New York, directly challenging the Times Square gun-free zone. The complaint argues that Frey v. City of New York was wrongly decided. The case is in its early stages.

Times Square and Public Transit Carry Prohibitions