New York - NY Gun Laws

Unlike most states, New York requires a license just to legally possess a handgun, not only to carry one in public. You must be 21, apply through the licensing authority in your county of residence (the NYPD for New York City, county police or sheriff elsewhere), submit to fingerprinting and a full background investigation, and provide character references. If you want a carry license specifically (not just possession), state law requires an 18-hour training course (16 hours classroom, 2 hours live-fire) before approval.

Since 2022, buying or possessing a semi-automatic rifle also requires its own separate license, distinct from the handgun license, and you must be 21.

Every purchase from a licensed dealer runs through the standard federal background check process on top of whatever license you already hold.

New York requires a background check on essentially every private transfer of a firearm, handgun or long gun, run through a licensed dealer. You bring the firearm to a dealer willing to facilitate the transaction; they're allowed to charge up to $10 per firearm for doing it, but they're not required to offer the service at all.

The exemption list is narrower than some states: spouses, domestic partners, and parent-to-child (including step-children) transfers don't require a dealer or background check. Siblings, grandparents, and other family aren't covered by this exemption in New York the way they are in some neighboring states, when in doubt, use a dealer.

Remember: since New York requires a license just to possess a handgun, a private handgun transfer is only legal in the first place if the recipient already holds a valid license covering handguns.

On top of the standard federal prohibited categories, New York bars possession for anyone who:

- Has a felony conviction or certain violent/serious misdemeanor convictions

- Is subject to certain orders of protection

- Is the subject of an active Extreme Risk Protection Order (New York's "red flag" law, in effect since August 2019), family members, law enforcement, school administrators, health care practitioners, and district attorneys can all petition for one; if granted, the person must surrender firearms and is barred from buying, selling, or possessing for the order's duration

- Falls under the standard federal categories (fugitive, unlawful drug user, dishonorable discharge, illegal immigration status, renounced citizenship, etc.)

Since 2024, ERPOs are also required to be logged in a statewide registry, so law enforcement can see an active order regardless of where it was issued.

Effectively nonexistent for civilians. New York's Sullivan Act framework means you need a license just to possess a handgun in the first place, and that license only authorizes carrying it under the terms of the license itself, for nearly everyone, that means concealed, not open. There isn't a meaningful open-carry pathway for ordinary civilians the way there is in states like Pennsylvania.

A carry license requires the 18-hour training course mentioned above, fingerprinting, character references, and a full background investigation through your county's licensing authority (NYPD for NYC; county police or sheriff elsewhere in the state, this is not a single unified statewide process, and NYC's is notably its own system).

Until May 2026, businesses open to the public were treated as gun-free by default unless they posted a sign explicitly allowing carry, sometimes called the "vampire rule." That default was struck down by a Second Circuit panel in May 2026, and the U.S. Supreme Court's June 25, 2026 decision in Wolford v. Lopez (a Hawaii case, but directly on point) confirmed that states can't require business owners to affirmatively opt in before a permit holder can carry there. As of this writing, the rule has flipped: private businesses open to the public are presumed carry-friendly for permit holders unless they post signage saying otherwise. This is a genuinely recent flip, don't be surprised if you see older articles describing the opposite rule as current.

New York's sensitive-places list, separately, mostly survived the Antonyuk litigation (the Supreme Court declined to hear a further appeal in April 2025), see Restricted Locations below.

Long guns: unloaded, in a locked case, ammunition stored separately. New York's Environmental Conservation Law separately bars a loaded long gun in or on a vehicle even during hunting season.

Handguns: this is the strict one. Without a valid license/permit covering the handgun, transporting it in a vehicle is generally not allowed at all, New York does not have the broad "unloaded and locked equals fine for anyone" rule that many other states use as a baseline. There are narrow statutory exemptions (for example, direct transport to/from a dealer, gunsmith, target range, or while moving between residences, unloaded and cased) under Penal Law Section 265.20, but this is a genuinely stricter framework than Pennsylvania or New Jersey and the exact edge cases matter, this is one to double check against the actual statute or a local attorney if you're not carrying under a valid license.

New York City layers its own transport rules on top of the state's: a valid NYC-issued rifle/shotgun permit or handgun license is required to transport those firearms within the city, on top of whatever state-level rule applies.

New York's sensitive-places list is extensive and, unlike the private-property default rule, mostly survived federal court review: schools, courthouses, healthcare facilities, and numerous other categories carried into the 2023 Second Circuit ruling and the Supreme Court's 2025 decision not to hear further appeal. Expect a long list of off-limits locations layered on top of whatever your license otherwise allows.

New York City adds its own additional restrictions on top of the state list, always check NYPD-specific guidance if you're carrying in the five boroughs, since city rules aren't identical to the rest of the state.

Generally, no one under 16 may possess any firearm in New York outside narrow supervised exceptions. Ages 16-20 can possess certain non-semi-automatic long guns under specific conditions, with direct adult supervision typically required for younger teens.

No one under 21 may purchase, possess, or be licensed for a handgun, and since a 2022 law, no one under 21 may purchase or possess a semi-automatic rifle either, New York City applies this 21+ standard to essentially all firearm licensing within the city, with only narrow exceptions.

New York's SAFE Act caps magazine capacity at 10 rounds, this remains current law and, unlike the situation currently playing out in New Jersey, has not been struck down. The SAFE Act's "assault weapon" definition (covering many semi-automatic rifle configurations, including AR-15-pattern rifles) also remains in effect; New York's version of this fight (Antonyuk) has largely gone the state's way so far, a different outcome than New Jersey's July 2026 result. Suppressors are separately banned outright (see Official Resources).

New York is a duty-to-retreat state outside the home, if you can retreat with complete safety before using deadly force, the law requires it. There is no stand-your-ground law.

Castle Doctrine: inside your own home, the duty to retreat disappears. You may use force, including deadly force, against an intruder without retreating first. That exception is specifically tied to being inside the dwelling, a threat encountered in your yard or on your property outside the home still triggers the duty to retreat if a safe retreat is available.

New York only preempts local regulation of handgun licensing specifically, everything else is fair game for municipalities to regulate more strictly, as long as it doesn't conflict with state law. New York City is the biggest example: it runs its own licensing authority (NYPD) and layers additional rules on top of the state framework, including its own permits for rifles/shotguns and its own transport requirements. Nassau, Suffolk, and Westchester Counties also have their own dedicated licensing authorities rather than going through a generic state process. Don't assume what applies in one part of the state applies statewide, New York is one of the least "one-size-fits-all" states we've covered.

- New York State Police / NY.gov Gun Safety resources: gunsafety.ny.gov

- NYPD License Division (New York City residents): nyc.gov

- Your county's Police Department, Sheriff, or County Clerk's licensing division (Nassau, Suffolk, Westchester, and other counties each run their own process)

- ATF: for federal NFA questions, note New York bans suppressors outright at the state level (a Class D felony), so this mostly doesn't apply here regardless of federal status