New York Penal Law Section 400.00 is the central licensing statute for handgun possession and carry in New York State. It establishes who may receive a pistol permit, what types of licenses exist, and the procedural requirements for issuance, renewal, and recertification. The Concealed Carry Improvement Act (CCIA), enacted in July 2022 in response to the Supreme Court's decision in NYSRPA v. Bruen, substantially amended Section 400.00.[1]
Eligibility Requirements
No license may be issued or renewed unless the applicant meets all of the following criteria:[2]
- Is 21 years of age or older (exception for honorably discharged members of the military)
- Demonstrates "good moral character," defined as possessing the essential character, temperament, and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others
- Has no felony or serious offense convictions
- Is not a fugitive from justice
- Is not an unlawful user of or addicted to any controlled substance
- Has not been involuntarily committed to a mental health facility
- Has not had a license revoked or an application denied (unless the grounds for denial no longer apply)
- Is not subject to an active order of protection or temporary order of protection
Federal Controlled Substance Disqualifier (Updated January 2026)
The eligibility requirement that an applicant not be "an unlawful user of or addicted to any controlled substance" incorporates the federal disqualifier under 18 U.S.C. 922(g)(3). On January 22, 2026, the ATF published an interim final rule revising the regulatory definition of "unlawful user" in 27 CFR 478.11.[8] Under the revised definition, "unlawful user" requires regular, ongoing use of a controlled substance over an extended period of time continuing into the present. A single past incident of drug use no longer automatically disqualifies an individual. The ATF also separately defined "addicted" as demonstrating a pattern of compulsive use characterized by impaired control.
However, cannabis remains a Schedule I controlled substance under federal law. Current, regular marijuana users remain federally prohibited from possessing firearms regardless of New York's legalization of recreational cannabis through the Marijuana Regulation and Taxation Act (MRTA) in 2021. The constitutionality of this prohibition is currently before the U.S. Supreme Court in United States v. Hemani, with oral arguments held on March 2, 2026.[9]
Good Moral Character Standard (Post-Bruen)
The CCIA replaced the previously invalidated "proper cause" requirement with the "good moral character" standard. Licensing officers must evaluate whether the applicant possesses the essential character, temperament, and judgment to be entrusted with a weapon. This evaluation may include review of character references, personal interviews, and investigation of the applicant's background.[3] The CCIA originally required social media account disclosure as part of this evaluation, and separately established a default rule requiring licensed carry holders to obtain express advance permission from property owners before carrying on private property open to the public. The Second Circuit struck down both requirements — the social media disclosure and the default-off private property rule — in its December 2023 decision in Antonyuk v. James. The Supreme Court declined to review that decision in April 2025.[4]
Training Requirements
Applicants for a carry license must complete a minimum of 16 hours of in-person classroom instruction conducted by a duly authorized instructor with a curriculum approved by the Division of Criminal Justice Services (DCJS) and the Superintendent of State Police. An additional 2 hours of live-fire training are required. The applicant must pass a written examination with a score of 80% or higher.[5]
License Types
Section 400.00 authorizes several categories of pistol and revolver licenses:
- Premises license (dwelling): Authorizes possession at the licensee's home only
- Premises license (business): Authorizes possession at the licensee's place of business only
- Carry license (concealed): Authorizes concealed carry on the person throughout the state, subject to sensitive and restricted location restrictions under the CCIA
- Target/hunting license: Authorizes possession and carry for target shooting and hunting activities
- Gunsmith/dealer license: Authorizes possession for repair, sale, or disposition of firearms as a licensed business
Recertification and Renewal
Concealed carry licenses must be recertified with the New York State Police every three years. Premises and other non-carry licenses must be recertified every five years. Licenses issued in New York City, Westchester County, Nassau County, and Suffolk County expire and must be formally renewed on the same schedule. Licenses issued in other counties do not expire but are subject to the same recertification requirements.[6]
Geographic Scope
A carry license issued outside New York City is valid statewide except within the five boroughs of New York City, unless a special validation is obtained from the NYPD Police Commissioner. New York City operates its own entirely separate licensing regime through the NYPD License Division, with distinct license types, higher fees ($340 application fee), and additional requirements including separate permits for rifles and shotguns.[7]