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New York Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
New York has some of the strictest gun control laws in the United States, particularly following the enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013, known as the NY SAFE Act, in response to the 2012 Sandy Hook Elementary School massacre.
In June 2022, the U.S. Supreme Court struck down most of New York’s restrictions on carrying handguns in public in the case of New York State Rifle and Pistol Association v. Bruen.
In response, New York swiftly passed the Concealed Carry Improvement Act in July 2022 to impose new restrictions. However, a federal district court temporarily blocked the law in October 2022. Shortly thereafter, a federal appeals court granted emergency relief to New York, allowing the Concealed Carry Improvement Act to take effect and remanding the case to the district court for further review.
New York Gun Control Laws Overview:
Relevant Statutes (Laws): New York Penal Law, Chapter 40, Article 265, Sections 265.00 through 265.55; Article 400, Sections 400.00 through 400.20
Illegal Arms: In New York, it is illegal to possess machine guns, short-barreled rifles, and short-barreled shotguns. Additionally, possession of firearms, rifles, or shotguns in sensitive areas or on private property without explicit consent is prohibited.
Waiting Period: There is no waiting period to purchase a gun in New York, but a license is required to purchase a handgun.
Who May Not Own: A firearm license is necessary to possess handguns in New York, and certain individuals are prohibited from owning long guns, including those convicted of serious offenses or deemed unfit by medical authorities.
License Required?: A license is mandatory for handgun possession in New York. It’s important to note that New York City has distinct gun laws, and not all permits are universally valid across the state.
Concealed Carry License Required?: New York requires a concealed carry license, with restrictions in sensitive locations such as airports, government buildings, schools, and public transit.
Open Carry Allowed?: Open carry of handguns is prohibited in New York, but there are no specific restrictions on the open carrying of long guns in public.
Eligibility for a Concealed Carry License: To obtain a concealed carry license in New York, applicants must be at least 21 years old, of good moral character, and meet various criteria related to criminal history, mental health, substance use, and military service. They must also complete a firearms safety course.
Machine Gun Laws: The possession of machine guns is illegal in New York.
Penalties for Illegal Firearm Possession: Penalties for gun offenses in New York vary, ranging from class A misdemeanors to class B felonies, with potential imprisonment terms ranging from one year to 25 years, depending on the severity of the offense.
Penalties for Illegal Possession on or Near School Grounds: Criminal possession of a weapon on school grounds is classified as a class E felony, punishable by up to four years in prison.
Note: State gun laws can change through new legislation, court rulings, or ballot initiatives. For the latest information or specific legal advice, consult an attorney or conduct thorough legal research.
Research the Law:
- New York Law
- Official State Codes — Links to the official online statutes (laws) in all 50 states and DC.
Additional Resources for New York Gun Control Laws:
- State Gun Control Laws
- New York Criminal Laws
- New York Criminal Statute of Limitations Laws
Have Questions or Concerns About Gun Laws in New York? An Attorney Can Help: Given the complexity of New York’s gun laws, consulting a knowledgeable criminal defense attorney can provide clarity and assistance tailored to your situation.
If you need more details or have further questions about New York’s gun laws or any other state laws, feel free to ask!
