New York Penal Law Section 265.20 establishes an extensive list of exemptions from the criminal weapons possession statutes in Article 265. Without these exemptions, the broad prohibitions in Sections 265.01 through 265.04 would apply even to police officers carrying their service weapons. Section 265.20 carves out the categories of persons and activities that the legislature has determined should not be subject to criminal prosecution for possessing weapons that are otherwise restricted.[1]
Law Enforcement Exemptions
The broadest exemption applies to police officers as defined in Section 1.20(34) of the Criminal Procedure Law and peace officers as defined in Section 2.10 of the Criminal Procedure Law. These officers are exempt from the possession restrictions while acting within their official duties. Retired law enforcement officers who meet certain criteria -- including qualifying annually with their firearm -- may also be exempt under both state law and the federal Law Enforcement Officers Safety Act (LEOSA).[2]
Military Exemptions
Persons in the military service of the State of New York are exempt when duly authorized by regulations issued by the adjutant general to possess weapons. Persons in the military or other service of the United States are likewise exempt when in pursuit of official duty or when duly authorized by federal law, regulation, or order to possess the weapons in question.[3]
Licensed Dealers and Manufacturers
Persons who possess a valid New York dealer or manufacturer license and who possess weapons in connection with that licensed business activity are exempt. This exemption also extends to employees of such businesses acting within the scope of their employment. Additionally, common carriers transporting weapons in the regular course of business are exempt, as are persons transporting weapons to or from an authorized dealer for purposes of repair.[1]
Government Employees and Specialized Roles
Section 265.20 contains a notably long list of specific government positions that carry an exemption. These include corrections officers (both state and local), court officers, parole and probation officers, certain employees of the New York City departments (including the Department of Finance, Department of Health, and others), harbor masters, bridge and tunnel officers, and environmental conservation officers. Each exemption is tailored to the specific weapons and circumstances relevant to the position.[4]
Recreational and Historical Exemptions
Section 265.20 also exempts persons possessing antique firearms (as defined in the statute), persons engaged in target shooting at an authorized range, and certain historical reenactors. A person who voluntarily surrenders a weapon to law enforcement is similarly exempt from prosecution for possession at the time of surrender.[2]
Practical Significance
Because New York's weapons possession statutes are among the strictest in the nation, Section 265.20 is a critical safe harbor provision. Without it, routine activities by law enforcement, military personnel, and licensed businesses would constitute felonies. Persons relying on an exemption should carefully confirm that their specific circumstances fall within the statutory language, as the exemptions are precisely drawn and do not extend by analogy to similar but unlisted roles or activities.[1]