Gun Laws in New York

Subject/Law	Long guns	Handguns	Relevant statutes	Notes
State permit required to purchase?	Partial	Yes	S 265.20, S 265.01	Handguns and semi-automatic rifles require a permit. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Westchester, Nassau and Suffolk Counties, with a background check. Permits for those wanting to carry concealed or possess handguns in the home are now issued on a "shall-issue" basis. There is an application fee for each permit, as well as an amendment fee for each handgun added to the permit. No NYS permit is required for shotguns and non-semiautomatic rifles. Firearms deemed "assault weapons" cannot be bought. NOTE: Different laws apply for NYC
Firearm registration?	No	Yes	S 700.00[citation needed], S 265.01	Handguns: All handguns must be registered under a license. There is a $3 registration fee. Handguns are registered with purchase permit. The serial number and sale is noted down. Antique weapons are exempted from this. All handguns must travel in the manner one's license is issued. No record is needed of previously owned handguns with law enforcement. Non-"assault weapon" long guns: No registration required. "Assault weapons": All rifles classified as assault weapons were required to be registered with the state by January 15, 2014, and are illegal otherwise. NOTE: Different laws apply for NYC
Owner license required?	No	Yes	S 265.20, S 265.01	No license is required for long guns; however, New York State requires a license for handgun ownership. Handgun licenses are normally restricted to three types: residence or business premises permit, Target & Hunting, and Unrestricted Carry. Target and hunting allows carry while engaged in those activities. Unrestricted allows carry at any time. All permits issued outside of New York City are not valid in New York City except for retired police and federal law enforcement officers with that status marked on their permit and for armored car guards on duty. The minimum age to be issued a handgun license is 21 unless one is a former or current member of the armed forces or law enforcement. NOTE: Different laws apply for NYC
License required for concealed carry?	N/A	Yes	S 400.00	New York counties, or the police departments in New York City and Nassau and Suffolk counties, issue unrestricted concealed carry licenses on a "shall issue" basis. Prior to June 23, 2022, licenses were issued on a "may issue" basis, but this practice was held unconstitutional by the Supreme Court. [113] Previously, discretionary issuance policies varied widely across the state. Generally, it was harder to obtain a license in counties closer to large cities. Most counties that are not a part of downstate New York had shall/reasonable issuance policies, but some administratively restricted time or place of carry (such as only for target shooting or hunting). It is not a crime to carry a weapon under a Target or Hunting permit for other purposes, but if caught or reported, the permit will likely be revoked. Concealed carry without any kind of permit must be charged as a felony unless the weapon is unloaded and no ammunition for it is in possession of the person carrying. All permits are valid throughout the state, except in the City of New York, unless validated by the police commissioner of that city, or by armored car guards, retired police officers and retired federal law enforcement officers as specified in the Criminal Procedure Law. NY Penal Law 400(6). While New York law does not allow issuance of pistol licenses to non-residents, 2013 federal appeals court and State appeals court rulings clarified the residency requirement. This clarification allowed those domiciled outside of the state with a part-time residence in New York to be issued a permit.[114]
Open carry allowed?	No	No	S 265.35, S 265.01	The law is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a license to carry is issued to carry concealed as per penal law 400. Therefore, pistol permit holders must carry concealed. Open carry is permitted while hunting and possibly on one's own property. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced. It is illegal to transport a loaded long gun in a motor vehicle, except in some scenarios while hunting.
Assault weapon law?	Yes	Yes	S 265.00, S 265.02	Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and registered with the state by January 15, 2014 or classified as an antique assault weapon. New York City, Buffalo, Albany, and Rochester have enacted their own assault weapon bans. Law enforcement and retired law enforcement are exempt from the assault weapons ban.
Magazine capacity restriction?	Yes	Yes	§ 265.02	Magazine size is limited to 10 rounds. Law enforcement and retired law enforcement with last service weapon only, are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. The 10 round magazine law is part of the NY SAFE Act. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was struck down by a federal judge on December 31, 2013. NOTE: Different laws apply for NYC
Title II (National Firearms Act) weapons restricted?	Yes	Yes	S 265.02, S 265.02	Ownership of machine guns, suppressors, short-barreled rifles, AOW's and short-barreled shotguns are prohibited to the average citizen. Destructive devices are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited. AOW's disguised as non-firearms are illegal.
Castle Doctrine Law?	Yes*	Yes*	§ 35.20	New York has a castle doctrine law. It allows for the "use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary." Lethal force is governed under §35.15.
State preemption of local restrictions?	No	No	None	New York preempts only handgun licensing.[115] Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws, such as licensing of long guns and 5-round magazine limits.[116][117][118]
Peaceable journey laws?	Yes	Yes	S 265.10	With certain restrictions (see below), most notably magazines are not exempt. FOPA is complied with by police agencies in New York after losing some false arrest lawsuits.
Background checks required for private sales?	Yes	Yes	NY Gen Bus L § 898 (2012)	For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police, and keep a record of the transaction.[119]
Red flag law?	Yes	Yes		Family members, school officials or law enforcement can ask courts to temporarily block someone from buying or owning a gun.[120]
Minimum age to purchase or possess?	Yes	No		The minimum age to purchase a semiautomatic rifle is 21.[121] (Under federal law the minimum age to purchase a handgun is 21.)

Understanding Gun Laws in New York State

In the state of New York, gun laws are quite strict compared to other states. This article aims to provide a comprehensive overview of these laws. Please note that different laws apply for New York City, and this article primarily focuses on state laws.

Permits and Registration

When it comes to purchasing firearms, New York has a partial permit requirement for long guns, and a full permit requirement for handguns (S 265.20, S 265.01). This means that while no state permit is required for shotguns and non-semiautomatic rifles, permits are necessary for handguns and semi-automatic rifles. These permits are issued by County or State Supreme Court judges/justices outside of New York City, Westchester, Nassau, and Suffolk Counties, following a background check.

As for firearm registration, there is no requirement for long guns. However, for handguns, all must be registered under a license (S 700.00, S 265.01). There is a $3 registration fee, and handguns are registered with the purchase permit. The serial number and sale are noted down. Antique weapons are exempted from this.

Ownership and Concealed Carry

While no license is required for long guns, New York State requires a license for handgun ownership (S 265.20, S 265.01). Handgun licenses are normally restricted to three types: residence or business premises permit, Target & Hunting, and Unrestricted Carry. The minimum age to be issued a handgun license is 21 unless one is a former or current member of the armed forces or law enforcement.

Concealed carry is also regulated in New York. A license is required for concealed carry of handguns (S 400.00). New York counties, or the police departments in New York City and Nassau and Suffolk counties, issue unrestricted concealed carry licenses on a "shall issue" basis.

Open Carry and Assault Weapons

Open carry is generally not legal in most instances in New York (S 265.35, S 265.01). While no law specifically bans open carry, a license to carry is issued to carry concealed. Therefore, pistol permit holders must carry concealed. Open carry is permitted while hunting and possibly on one's own property.

New York has strict laws regarding assault weapons (S 265.00, S 265.02). Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013, and registered with the state by January 15, 2014, or classified as an antique assault weapon.

Magazine Capacity and Title II Weapons

Magazine size is limited to 10 rounds in New York (§ 265.02). Law enforcement and retired law enforcement with the last service weapon only, are exempt from the 10 round limit. Also, ownership of machine guns, suppressors, short-barreled rifles, AOW's and short-barreled shotguns are prohibited to the average citizen (S 265.02, S 265.02).

Castle Doctrine and Local Restrictions

New York has a castle doctrine law (§ 35.20). It allows for the "use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary." However, New York does not preempt local restrictions. Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws.

Background Checks and Red Flag Law

For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police, and keep a record of the transaction (NY Gen Bus L § 898 (2012)).

New York also has a red flag law. Family members, school officials, or law enforcement can ask courts to temporarily block someone from buying or owning a gun.

In conclusion, New York has a comprehensive set of gun laws aimed at ensuring public safety. It is crucial for residents and visitors to understand and adhere to these laws to avoid legal complications.