New York Times Square and Public Transit Carry Rules

New York Penal Law Section 265.01-e generally prohibits possession of a firearm, rifle, or shotgun in a sensitive location. The statutory list includes public transportation and the area commonly known as Times Square when New York City identifies that area by law and posts clear and conspicuous signage. The statute contains defined exceptions, so the rule must be applied to the person, place, item, and conduct involved.^[1]

Times Square Boundary

New York City's designated Times Square sensitive-location area is roughly Sixth Avenue to Ninth Avenue from West 40th Street to West 48th Street, plus Sixth Avenue to Eighth Avenue from West 48th Street to West 53rd Street. The enacted local law contains the controlling block-by-block description. Posted signs identify the regulated area.^[2]

Public Transportation

The state sensitive-location statute includes vehicles used for public transportation, railroad cars, buses, ferries, railroad stations, mass-transit facilities, rapid-transit facilities, and related service areas. This includes the NYC subway and other covered rail and transit systems. A carry license does not by itself remove the sensitive-location restriction.^[1]

Statutory Exceptions

Section 265.01-e contains exceptions for specified people and conduct, including defined law-enforcement, military, security, employment, training, hunting, and other circumstances. The exceptions are conditional and do not create a general permission for every license holder. The exact subdivision should be checked before relying on an exception.^[1]

Current Litigation Status

In September 2025, the United States Court of Appeals for the Second Circuit affirmed the denial of a preliminary injunction in Frey v. Bruen. On the preliminary record, the court held that the plaintiffs had not shown a likelihood of success concerning the challenged Times Square, NYC subway, and Metro-North restrictions. The court expressly did not decide the ultimate constitutionality of the restrictions and remanded the case.^[3]

After remand, the parties stipulated to dismissal with prejudice. The district court so ordered the dismissal and closed the Frey case on July 8, 2026. The appellate preliminary-injunction opinion remains relevant precedent, but the dismissal was not a final merits judgment holding every challenged restriction constitutional.^[4]

A separate challenge, Goldberger v. James, remained pending as of July 23, 2026. A June 11, 2026 scheduling order allowed the state defendants to move to dismiss, set briefing through September 18, 2026, and stayed discovery. Pending litigation does not itself suspend the statutes described on this page.^[5]

Penalty

When the elements of Section 265.01-e are satisfied and no exception applies, criminal possession of a firearm, rifle, or shotgun in a sensitive location is a Class E felony. Related conduct can implicate other provisions as well.^[1]

Practical Rule

Do not treat a New York carry license as permission to carry in Times Square or on public transit. Confirm the exact boundary, posted signage, and any statutory exception before entering a sensitive location with a firearm, rifle, or shotgun.