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New York Concealed Carry Laws |
New York is now a shall-issue state following the Supreme Court’s ruling on NYSRPA v Bruen on June 23, 2022. Concealed weapons licenses are issued locally by the county sheriff or court system.
A permit to purchase, a background check, and firearms registration are required to buy a handgun from a private individual in New York. Private sales must be processed by a licensed firearms dealer. It is illegal to possess an unregistered handgun.
Open carry is not addressed in New York state law, but a New York Pistol License (NYPL) is required to possess a loaded handgun outside of the home or place of business.
Concealed carry is only legal with a NYPL. The minimum age is 21, except for honorably discharged military members, who can be any age. The application process may vary depending on the type of license and the issuing county. New York does not recognize permits or licenses from any other states. Only residents, part-time residents, or those principally employed or with a principal place of business in New York can obtain NYPLs. Pistol licenses from New York City are valid statewide, but a NYPL is not valid in the five counties of New York City unless New York City has validated the license. Some areas, such as schools and courthouses, are off-limits. There are several types of NYPLs available, with the most common being the concealed carry and possess on premises licenses. Both licenses can have restrictions, such as only being valid during hunting or traveling to or from target practice. New York does not honor permits from any other states.
New York's self-defense law is based on the Castle Doctrine. In New York, citizens have a duty to retreat from attackers if they can do so safely.
A person may use physical force in self-defense, defense of a third person, defense of premises, or to prevent larceny or criminal mischief to property. A person may use physical force when they reasonably believe it is necessary to prevent or terminate the commission or attempted commission of a crime involving damage to premises or to prevent or terminate a criminal trespass, larceny, or criminal mischief with respect to property. Any degree of physical force other than deadly physical force can be used.
Deadly force can only be used if the person reasonably believes that:
- Another person is using or about to use deadly physical force. However, the person may not use deadly physical force if they can retreat with complete personal safety, except there is no duty to retreat if they are in their dwelling and are not the initial aggressor.
- Another person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act, or robbery.
- Another person is committing or attempting to commit arson or burglary, and the circumstances are such that the use of deadly physical force is authorized.
Q: Does New York allow constitutional carry?
A: No. New York does not recognize constitutional carry.
Q: What is the minimum age in New York to get a concealed carry license?
A: You must be 21 to concealed carry in New York.
Q: Is open carry permitted in New York?
A: Although open carry is not directly mentioned, New York State prohibits any state resident without a NY Pistol License, over the age of 21, from possessing a handgun without a valid license.
Q: Can you concealed carry weapons other than handguns in New York with a concealed carry license (or under permitless carry if applicable)?
A: No. A New York license does not allow carriers to conceal weapons other than handguns.
Q: Is it legal to own a taser or stun gun in New York?
A: Yes. Based on a U.S. District Court ruling, stun guns and Tasers are legal to purchase and possess without a license as of 4/2019.
Q: If New York requires a license to carry a concealed firearm, how are those licenses issued?
A: New York is now a shall-issue state.
Q: Does New York have ammunition restrictions?
A: Yes. Armor-piercing ammunition and any bullets containing an explosive substance designed to explode or detonate upon impact are prohibited. An ammunition seller or firearms dealer may not transfer any ammunition to anyone other than a licensed dealer unless he or she conducts a check against records maintained in the state’s electronic database and receives a number identifying the transaction and signifying that the transferee is not prohibited by state or federal law from possessing the firearm or ammunition. The ammunition seller or gun dealer must also check a valid driver’s license or other photo identification of the prospective purchaser prior to transfer. There is now a law that requires a background check and fee for all ammunition purchases.
Q: Is it legal to buy or use chemical spray/pepper spray in New York?
A: Yes. The possession of “self-defense sprays” by persons who are not felons and who have not been convicted of an assault, and who are at least 18 years old for the protection of person or property and otherwise lawful use is legal. There are certain labeling requirements. The active ingredient in any canister of legal pepper spray must be oleo-resin capsicum. The maximum net weight of any canister is 3/4 oz. Furthermore, the canister itself may not appear to be anything but pepper spray. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in NY state. No more than two sprays may be sold at any one time to a single purchaser.
Q: Does New York have magazine capacity restrictions for handguns?
A: Yes. No more than 10 rounds. New York prohibits the manufacture, transportation, disposal, and possession of any large capacity ammunition feeding device, which New York law defines as a magazine, belt, drum, feed strip, or similar device that:
- Has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or
- Is obtained after January 15, 2013, and has a capacity of, or can be readily restored or converted to accept, more than 10 rounds of ammunition.
There are exceptions for attached tubular devices designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic.
Question: Can you carry a concealed handgun in a vehicle in New York?
Answer: Yes, based upon the terms of a NYPL only. It is legal to transport a legal firearm through New York under Federal interstate transportation law 18 USC § 926A, provided the handgun is unloaded, with neither the firearm nor any ammunition readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. If you don't have a NYPL and happen to stop at a motel overnight, you are in violation of the law and subject to arrest if found with a firearm.
Although a state license to carry a handgun is generally invalid in New York City, a license is valid if the firearm covered by the license:
- Has been purchased from a licensed dealer within the city of New York and is being transported out of the city immediately from the dealer by the licensee in a locked container during a continuous and uninterrupted trip; or
- Is being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted.
Question: Can you carry a concealed firearm at roadside rest areas in New York?
Answer: No. Concealed carry is not allowed at roadside rest areas in New York state.
Question: Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in New York?
Answer: No. You may not carry concealed weapons in these areas.
Question: Can you carry a concealed firearm in bars and restaurants that serve alcohol in New York?
Answer: No. On July 1st, 2022, Gov. Hochul signed legislation banning the carrying of firearms in bars/restaurants that serve alcohol.
Question: Can you carry or possess a firearm on hotel property in New York?
Answer: New York statutes don't specifically address firearms at hotels. Each hotel develops its own policies, and the individual hotel should be contacted to inquire about its concealed carry policy.
Question: Does New York have laws relating to storing firearms in private vehicles in an employee parking lot?
Answer: Not addressed in New York state law, although employers may have a policy.
Question: Do you have a duty to inform a police officer that you're carrying a concealed firearm in New York?
Answer: There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in New York unless the officer asks.
Question: Is my New York driver’s license linked to my New York carry license?
Answer: No. Your New York driver’s license is not linked to your New York pistol license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information.
Question: Are "No Weapons Allowed" signs enforced in New York? If yes, violating the sign would be considered a crime. If no, violating the sign would not be considered a criminal offense.
Answer: No. However, on July 1, 2022, Gov. Hochul signed legislation that made "no carry" the default for private property unless deemed permissible by property owners. Property owners who do decide to allow concealed carry will have to post signage saying concealed carry is allowed on the premises. According to Section 265.01-D, an individual is guilty of criminal possession if he or she enters into or remains on or in private property where the owner or lessee does not have clear and conspicuous signage indicating that carrying firearms is permitted.
Question: Does New York have preemption laws related to concealed carry (i.e., does state law supersede local laws regarding the possession of handguns)?
Answer: Yes. There is partial preemption primarily for handgun licensing. New York laws confer power upon local governments to adopt laws that relate to, among other things, the “protection, order, conduct, safety, health and well-being of persons or property.” However, local laws may not conflict with the state constitution or general laws.
Question: Does New York have a red flag law?
Answer: Yes. New York has a red flag law that allows police, district attorneys, family or household members, and school administrators or their designees to petition a court to have an order of protection issued to a person to remove their firearms, suspend any firearm license, and prevent them from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun.
Question: Does New York state law define brandishing?
Answer: No definition of brandishing was found in New York law. However, a person is guilty of menacing in the second degree when he or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury, or death by displaying a deadly weapon, dangerous instrument, or what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he engages in fighting or in violent, tumultuous, or threatening behavior.
Question: Does New York have laws regarding carrying a concealed firearm while using alcohol or drugs?
Answer: Not addressed in state statutes. However, as a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Question: Does New York issue concealed carry licenses to non-residents?
Answer: Yes, for part-time New York State residents or anyone who is principally employed or has his or her principal place of business in the state.
Question: Does New York allow the public to access concealed carry registry information through public records law?
Answer: Yes, although gun owners may request that their application information be exempt from public disclosure. However, local and state law enforcement shall have access to such database in the performance of their duties.
Question: Does New York have laws regarding semi-automatic rifles?
Answer: Yes. An assault weapon is defined as a semi-automatic pistol or rifle that uses a detachable magazine or a semi-automatic shotgun and which has at least one other characteristic listed in the Penal Law, or a revolving, cylinder shotgun. See New York State Penal Law § 265.00 (22) for additional definitions, including a list of the characteristics that classify as an assault weapon.
Question: Is there a waiting period after purchasing a handgun in New York?
Answer: There is no specific waiting period for purchasing a firearm in New York. However, all handgun purchasers must obtain a NYPL or permit to possess, which can take up to 6 months to process. Additionally, as of September 12, 2019, Bill A02690 requires firearm sales to be suspended for up to 30 days if the National Instant Criminal Background Check System (NICS) issues a "delayed" result.
Question: What is the minimum age to possess and transport a handgun in New York?
Answer: You must be 21 years old to possess or transport a handgun in New York state.
Question: Can I possess/carry a handgun in my home without a license?
Answer: No. A pistol license and background check are required to possess a handgun in New York State.
Question: Is a permit required to purchase a handgun in New York?
Answer: Yes, for handguns. No for long guns. A concealed carry license or a permit to possess a pistol or revolver is required to purchase a handgun.
Question: Are background checks required for private gun sales in New York? Are there exceptions?
Answer: Yes. For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation to the New York State Police, and keep a record of the transaction. There is an exception for transfers between immediate family members.
Question: Does my current New York concealed carry license exempt me from needing a background check when I purchase a firearm?
Answer: No.
Question: Do handguns need to be registered in New York?
Answer: Yes, all handguns need to be registered. There is no registration for long guns. Handguns are identified on a person's NY Pistol license by caliber, make, model, manufacturer’s name, and serial number. A license holder may apply to amend their license to add newly purchased handguns or remove handguns they have sold.
Question: What is the process for purchasing a handgun in New York?
Answer:
- A NICS background check must be completed by a licensed firearms dealer before the sale, exchange, or disposal of any firearm, unless the transaction is between immediate family members.
- Before taking possession of a firearm, the buyer must supply the dealer with a purchase document from the County Police Pistol License section.
- The purchase document requires a bill of sale from the dealer, including firearm details and confirmation of passing a NICS background check.
- Upon completion of the background check, the dealer finalizes a document confirming the check was performed.
- Dealers must maintain transaction records for law enforcement inspection and may charge up to $10.00 per transaction.
- Purchase documents are valid for 20 days, and the firearm must be presented to the state licensing unit for inspection within that period to be entered into the database.
Which states honor permits from New York?
Arkansas (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
North Carolina
North Dakota (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Alabama (New York City permits not recognized)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Virginia (at least 21 years old)
West Virginia (permitless carry, at least 21 years old)
Wisconsin (at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Complete an Address/Employment Change Report within 10 days. A $3 fee will be charged. Submit the form along with a recent utility bill for the current address. Failure to report an address change within 10 days may result in the suspension/revocation of your license. Take the documents to:
Complete an Address/Employment Change Report within 10 days. A $3
Complete an Address/Employment Change Report within 10 days. A $3 fee will be charged. Submit the form along with a recent utility bill for the current address. Failure to report an address change within 10 days may result in the suspension/revocation of your license. Take the documents to:
License Division—Renewal Unit Rm 152 One Police Plaza New York, N.Y. 10038
If your license is stolen, you must immediately report such information to the precinct of occurrence or local police agency where the theft occurred and obtain a complaint number. If your license has been lost, stolen, or mutilated, you must notify the Pistol Licensing Bureau immediately after notifying the appropriate authorities, and respond to the office for a replacement license. You will be required to submit a $5.00 check or money order for a replacement license.
Moving to New York and interested in applying for a resident license? New York issues licenses to residents, part-time residents, and anyone who is principally employed or has their principal place of business in the state. You can apply for your license to the county sheriff or court system where you or your business is located once you have established your residence or business in that county.
Moving from New York and have a New York resident license? If a person with a New York pistol license establishes residency in another state, the pistol license expires upon the establishment of residence in the other state. Business licenses expire if employment is terminated or the business relocates outside of the state.
Use the following forms for your application:
- Application
- Application Continuation Sheet
- Pistol Fingerprint Form
An applicant must:
- Be 21 years of age or older (no minimum age for honorably discharged members of the U.S. military)
- Be a U.S. citizen or legal resident
- Not have been admitted to the United States under a non-immigrant visa
- Be of good moral character
- Reside or maintain a principal place of business within the county in which the application is filed
- Some counties may require successful completion of a firearms safety course
- Not have been convicted anywhere of a felony or a serious offense
- Not be a fugitive from justice
- Not be subject to a protective court order
- Not be an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802
- Be free from any mental disorders, defects, or diseases that would impair his or her ability to safely possess or use a firearm
- Not have had a license revoked or not be under a suspension or ineligibility order
- Not have been convicted of a misdemeanor crime of domestic violence
- Not have been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene
- In the county of Westchester, have successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor
- Not have had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition, or disease, he or she lacks the mental capacity to contract or manage his or her own affairs
- Not have good cause that exists for the denial of the license
- Meet federal law requirements
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of New York.
- Initial License: $20, varies by county
- Recertifications: $10, varies by county
3 years
6 months (varies greatly depending on the county)
Part-time NY State residents or anyone who is principally employed or has their principal place of business in the state may apply to the licensing officer where such place of business is located. The process is the same as for residents.
Recertification is the responsibility of the licensee. The pistol license recertification provision of the SAFE Act was passed by the Legislature and signed into law by the Governor in 2013. Its goal is to strengthen and improve the accuracy of record-keeping at both the state and local levels. Letters were sent to license holders over a year ago, reminding them of the January 31, 2018, deadline. Additional reminders have been made public through the press and social media.
The State Police are now working to process all recertifications and update its database. This process is expected to take between 9-12 months, after which, local licensing authorities will be provided with the updated, accurate licensing information. The goal is compliance, so the State Police will not take criminal enforcement action against individuals who have unknowingly failed to recertify. They will continue to accept recertifications throughout 2018.
If you currently have a New York City, Nassau County, Suffolk County, or Westchester County license, you must follow the requirements that are in place in your county, rather than use the New York State recertification system.
Recertification can only be done online. Paper forms are no longer accepted.
Complete the online form with your updated contact information.
- Buildings or grounds used for educational purposes of any school, college, or university
- On the grounds of a residential child care facility
- In state parks, except for hunting purposes where permitted
- Statue Cruises ferry to Ellis Island & Liberty Island, and the Statue of Liberty National Monument
- Public campgrounds, except during the spring and fall hunting seasons
- Lake George Battlefield Park
- Zoar Valley Multiple-Use Area, except during the small-game and big-game hunting seasons
- Specified trails on the Adirondack Mountain Reserve
- Courthouses
- Any facility of the Department of Mental Hygiene, or any residential facility which has an operating certificate issued by the department, except with permission of the director of the facility
- Government buildings in certain cities and counties
- Airports
- Any public transportation (i.e., buses, trains, subway, ferries, etc.)
- Times Square
- Zoos
- Homeless shelters
- Within the city of New York unless a special permit granting validity is issued by the police commissioner of that city
- Any place where the carrying of firearms is prohibited by federal law or state law or regulation
- Carry in bars/restaurants that serve alcohol? No.
- Carry in my vehicle without a permit/license? No. It is illegal to possess a loaded firearm in any motor vehicle without a valid NYPL. It is legal to transport a legal firearm through New York under Federal interstate transportation law 18 USC § 926A provided the handgun is unloaded, with neither the firearm nor any ammunition readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. If you don't have a NYPL and happen to stop at a motel overnight, then you are in violation of the law and subject to arrest if found with a firearm. You are not permitted to stop in NYC.
- Carry in roadside rest areas? No.
- Carry in state/national parks, state/national forests, and WMAs? No.
- Carry in Forestry Lands owned by State University of New York College of Environmental Science and Forestry? Yes.
- Carry in places of worship? Yes and No. Places of worship can now choose if they will or will not allow weapons on their property.
It is legal to openly carry or conceal any legal knife provided there is no intent for unlawful use against another person. It is illegal to own a switchblade, pilum ballistic knife, metal knuckle knife, cane sword, and any knife adapted for use primarily as a weapon in New York. While it is legal for a U.S. citizen not previously convicted of any crime to own a gravity knife (as of May 30, 2019), dirk, dagger, dangerous knife, razor, or stiletto, it is illegal to carry them with the intent of unlawful use against another. There are knife/weapon limitations and prohibitions for schools, school buses, court facilities, correctional facilities, and some airports. New York City has its own laws, which can be viewed on the New York City webpage. A number of other municipalities also have restrictions including Buffalo, Rochester, and Syracuse.
NY Metropolitan Transportation Authority rules prohibit any weapon, dangerous instrument, or any other item intended for use as a weapon from being carried in or on any facility or conveyance. A weapon or dangerous instrument includes, but is not limited to, a firearm, switchblade knife, gravity knife, box cutter, straight razor, or razor blades that are not wrapped or enclosed in a protective covering, and sword. Shotguns and rifles that are unloaded and carried in an enclosed case, box, or other container which completely conceals the item from view and identification as a weapon are allowed.
I can legally carry a concealed firearm in New York, but can I wear a COVID-19 protective mask while carrying concealed?
There is no known statute in New York making it illegal to wear a COVID mask while carrying concealed. One state law referring to loitering in public places while congregating with other masked individuals was identified, however it does not address wearing a mask while legally carrying a concealed firearm.
Can you concealed carry while shotgun/rifle hunting in New York?
Yes, with a New York Pistol License.
Can you concealed carry while bow hunting in New York?
No. While bowhunting during a special bow season, you may not possess a firearm of any description.
Is there a Hunter Harassment Law in New York?
Yes. Interference with lawful taking of wildlife, such as hunting, fishing, or trapping, is prohibited. This includes travel, camping, and other acts preparatory to taking, which occur on lands or waters upon which the affected person has the right or privilege to take such wildlife.