The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of New York as of 8/20/2025. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to  the State of New York legislation.  Another great resource is the New York State Police's web page on the topic of firearms.

New York State has some of the strictest gun laws in the nation, emphasizing safety, permit requirements, and restrictions on firearm carry and possession. This comprehensive overview explains key aspects of New York gun law, including concealed carry procedures, recent legislative changes, prohibited persons and areas, open carry laws, and common legal pitfalls.

1. Concealed Carry Law in New York

Legal Framework

• The Secure Ammunition and Firearms Enforcement (SAFE) Act (enacted in 2013) significantly tightened gun laws, including regulations on concealed carry.
• Under Penal Law § 265.01 and 265.01-e, carrying a concealed firearm requires a proper license issued by the state.

Key Points:

• Permits are required to carry a concealed handgun or firearm in public.
• No constitutional or permitless carry in New York; all carry must be licensed.
• Carrying without a permit is a Class A misdemeanor or felony, depending on circumstances.

2. Procedure for Getting a Concealed Carry Permit

Eligibility:

• Must be at least 21 years old.
• Must be a US citizen or legal resident.
• No felony convictions or serious misdemeanor offenses.
• No recent domestic violence convictions or orders.
• Must demonstrate proper cause (e.g., personal safety concerns, employment reasons, or other good cause).

Application Process:

• File an application with your county’s gun licensing authority (usually the county sheriff or police department).
• Submit fingerprints, photographs, and proof of background clearance.
• Provide evidence of good moral character.
• Attend an interview and provide a detailed statement of good cause.
• Pay application fees which vary by county (typically between $100-$400).

Processing:

• The approval process can take several months.
• Permits are generally valid for 5 years and must be renewed.

3. Laws, Policies, and Restrictions for Concealed Carry

• No permit recognition across counties: New York has a statewide licensing system, but each county issues its own permit, and reciprocity is virtually nonexistent.
• Restricted carry areas: Carrying in government buildings, courthouses, schools, polling stations, and certain hospitals is illegal.
• Restrictions on carry in bars, Broadway theaters, and private property if posted with signage banning guns.

4. Most Common Gun Law Infractions in New York

• Carrying without a license.
• Possessing a firearm in a prohibited area.
• Carrying a loaded firearm in public without proper licensing.
• Possessing an illegal or modified firearm.
• Theft or illegal possession of firearms.
• Failing to register certain types of firearms or magazines.

Violations lead to criminal charges, fines, and possible imprisonment.

5. Prohibited Persons in New York

• Felons and individuals with serious criminal convictions.
• Individuals convicted of domestic violence or subject to restraining orders.
• Those adjudicated as mentally incompetent or involuntarily committed related to mental health issues.
• Persons convicted of certain drug or alcohol-related crimes.
• People under court order to surrender firearms.

Note: Federal law complements state restrictions—federally disqualified persons cannot legally possess firearms or ammunition anywhere in the U.S.

6. Prohibited Places for Carrying Guns in New York

• Federal buildings, courthouses, and military installations.
• Schools and school zones, including buses and grounds.
• Jails, prisons, and detention centers.
• Polling places during elections.
• Places of worship that prohibit firearms, if posted.
• Hospitals and healthcare facilities unless authorized.

Private property owners can restrict firearms via signage or policy. Violating these restrictions can lead to criminal charges.

7. Open Carry Laws in New York

• Open carry is generally illegal in New York for most civilians.
• The SAFE Act explicitly prohibits the open carry of firearms in public.
• Certain exceptions exist, such as law enforcement officers and licensed security personnel.
• Recent legislative efforts aim to further restrict or clarify open carry standards; currently, the law remains highly restrictive.

8. Recent Gun Law Changes in the Last 2 Years (continued)

• 2022-2023: New York enacted legislation increasing penalties for illegal firearm possession, expanding the scope of “red flag” laws (known as Extreme Risk Protection Orders), enabling courts to temporarily remove firearms from individuals deemed a threat to themselves or others.
• Bans on certain magazines: The state continues enforcing bans on magazines holding more than 10 rounds—penalties apply for possession or sale of prohibited magazines.
• Enhanced background checks: Lawmakers have strengthened the background check system, including reporting requirements for mental health adjudications and restraining orders, and closing loopholes for private sales.
• Registration and reporting: Certain firearms and magazines must be registered with state authorities, with compliance enforced through audits and inspections.
• Ban on “ghost guns”: The state restricts the manufacturing, sale, or possession of unserialized firearms and parts that could be used to make untraceable guns.

9. Other Key Gun Laws in New York

• Assault Weapons Ban: Broader restrictions on assault rifles and certain semi-automatic firearms, with strict registration requirements.
• Ammunition restrictions: Purchases of ammunition require background checks at licensed firearm dealers; some types of ammunition are banned or restricted.
• Waiting periods: There is a mandated 10-day waiting period for firearm purchases.
• Firearm registration: Most firearms, especially semi-automatic rifles classified as assault weapons, must be registered with the state.
• Child safety laws: Firearms stored improperly can lead to charges, especially if a minor gains access and causes harm.

10. FAQs: New York Gun Laws and Carry Regulations

Q1: Do I need a permit to carry in New York?
A: Yes. Since 2022, New York only issues Carry Licenses (either restricted or unrestricted), and most licenses are restricted. The state has very strict licensing standards, and permits are typically limited to individuals with a clear need or good cause.

Q2: Can out-of-state residents carry in New York?
A: Very limited. New York recognizes permits from selected states only if they meet certain standards, and most out-of-state permits are NOT recognized for carry in New York. Visitors generally cannot carry concealed unless they have a valid New York license.

Q3: How do I apply for a New York carry license?
A: Applicants must submit a detailed application as per New York Criminal Procedure Law § 265.00 and Article 400 of NYS Consolidated Laws. The process is challenging, with extensive background checks, interviews, and documentation. The licensing authority has discretion to deny permits, especially in urban areas.

Q4: Can I open carry in New York?
A: No. Open carry is generally illegal for civilians under the SAFE Act, with exceptions for law enforcement and security personnel.

Q5: Where are firearms prohibited in New York?
A: Federal buildings, courthouses, schools (including school buses and grounds), airports (secure zones), medical facilities, and private property where signage prohibits guns.

Q6: What are common violations?
A: Carrying without a permit, carrying into restricted areas, illegal possession by prohibited persons, possessing unregistered or illegal firearms, or failure to secure firearms can result in serious criminal charges.

11. Legal Penalties for Violations

• Illegal possession or carry can result in Class A or B felonies.
• Carrying into restricted locations results in fines and possible imprisonment—up to 15 years for certain offenses.
• Illegal magazines or modifications can draw felony charges and confiscation.
• Prohibited persons (felons, domestic violence offenders) facing federal and state charges including fines, probation, or imprisonment.

12. Key Resources & Contacts

• New York State Division of Criminal Justice Services (DCJS):  Official portal for licensing, laws, and application procedures.

• New York Penal Law § 265.00 et seq.:  The legal backbone of firearms regulation in New York.

• BATFE - Federal Bureau of Alcohol, Tobacco, Firearms, & Explosives:  Federal regulations regarding firearms.

• Local Law Enforcement Agencies
  Contact your county sheriff’s office or city police department for guidance on application procedures, restrictions in your jurisdiction, and licensing.

Summary & Final Recommendations

• Licensing is mandatory for concealed carry and highly restricted in New York—most licenses are limited, and reciprocity with out-of-state permits is rare.
• Open carry is generally illegal outside of specific exemptions.
• Carry and transport firearms securely: unloaded, in a locked container, and away from accessible locations unless licensed.
• Stay informed about recent legislation: Laws are continually evolving; regularly check official sources.
• Respect private property and restriction signage to avoid criminal charges.

Closing Notes

New York’s gun laws are among the strictest in the country, designed to promote safety and responsible ownership. If you are a resident, securing a carry license involves a rigorous application process, significant background checks, and good cause requirements. Visitors should understand that most out-of-state permits are not recognized for carry, and illegal carry can lead to severe criminal penalties.

Always verify current laws and consult official government or legal sources before carrying or transporting firearms in New York to ensure full compliance and safety.

Handle firearms responsibly, stay informed, and respect all restrictions to exercise your rights lawfully and safely in New York.