From Wikipedia, the free encyclopedia Gun laws in New York
Gun laws in New York
Subject/Law Long guns Handguns Relevant Notes
statutes
State Permit to Purchase? No Yes
Firearm registration? No Yes Long guns, only in NYC.
"Assault weapon" law? Yes Yes More restrictive NYC version of the expired
Federal law.
Owner license required? Varies Yes Licensing is required for long guns in NYC.
Carry permits issued? Yes Yes In some localities a carry permit is de facto "No-
issue" (see below)
State Preemption of local Yes[citation Yes[citation
restrictions? needed] needed]
Peaceable Journey laws? Yes Yes With certain restrictions (see below)
Gun laws in New York regulate the sale, possession, and document for each handgun purchased, and possess only
use of firearms and ammunition in the state of New York those handguns that are specifically registered to
in the United States. them.[6][7]
New York is one of the strictest states in the nation Of all the states that do issue carry pistol licenses,
with regards to the purchase, possession and carrying of New York State has arguably the strictest handgun li-
handguns.[1] Most of New York State gun laws are cov- censing policies in the nation.[1] New York City, which
ered in two sections of New York Penal law: article 265 - is effectively a "No-Issue" jurisdiction for carry pistol li-
Firearms and Other Dangerous Weapons; and article 400 - censes,[8] has even stricter laws, including those regulat-
Licensing and Other Provisions Relating to Firearms. Th- ing handguns exclusively kept at home.[9]
ese sections include the banning of possession of a hand-
gun, exemptions to the handgun ban, including to those
who have a license to carry, possess, hunt with and target
Summary table
shoot, repair, and dispose of firearms.
New York maintains a state level prohibition against Overview of handgun licensing
the features listed in the now defunct Federal Assault
The purchase of a handgun in New York State is limited
Weapons Ban.[2][3][4] Magazines made after 1994 with a
to only those individuals who hold a valid Pistol License
capacity in excess of 10 rounds are banned, as are rifles
issued by a county or major city within New York State
with two or more of the restricted features (pistol grip,
and present to the seller a purchase document, issued by
bayonet lug, collapsible or folding stock, flash suppres-
the licensing authority, with the specific make, model,
sor, and threaded barrel).[5][6][7]
caliber and serial number of the handgun indicated on
New York is a "May-Issue" state, in that the individ-
the document. The possession of a handgun in New York
ual licensing official has wide latitude and discretion in
State is limited only to those individuals who hold a valid
the issuance of Pistol Licenses, and additionally, has the
Pistol License and are in possession of a registered hand-
option of placing a variety of restrictions on the man-
gun (one that appears on the license, indicating the spe-
ner and purpose for which the handgun can be carried.
cific make, model, caliber and serial number of the hand-
This discretion given to local authorities creates a state-
gun). The carry of a handgun in New York State is limited
wide patchwork of local handgun licensing policies. This
only to those individuals who hold a valid Pistol License,
diversity creates a climate in which the level of restric-
possess a registered handgun, and are carrying said
tion a New York State resident will be required to abide
handgun in compliance with the restrictions as they ap-
by will vary extremely widely depending on the attitude
pear on the license and other applicable state and federal
of the issuing authority. Even those New York State res-
law.[6][7][10]
idents who are the beneficiaries of pro-gun local policies
New York State pistol licenses are not issued to out-
(such as ’unrestricted carry’ licenses), must still obtain
of-state or part-time residents.[10] New York does not
a New York State Pistol License, apply for a purchase
honor licenses or permits from any other states, though
1
From Wikipedia, the free encyclopedia Gun laws in New York
some states will recognize New York licenses without a loaded handgun (except for important exceptions such as
formal agreement.[11] There are no provisions for an out- schools, court houses/rooms, secure areas of airports).[ci-
of-state handgun owner (other than on- or off-duty law tation needed] An unrestricted carry license is the only New
enforcement, on-duty military or non-resident business York State carry Pistol License that allows armed self-de-
owners with a NYS Pistol License) to carry a handgun fense as a primary reason for carrying a handgun.[citation
within New York State. A pistol license is required to needed]
physically examine a handgun for purchase at a gun store Some of the most rural upstate counties (such as
or gun show. Delaware County) specifically do not enforce the vague
"concealed" language in New York State’s licensing law,
Application effectively allowing open carry of a licensed handgun.[ci-
tation needed] Paradoxically, except for visiting New York
Application for a handgun license is through the individ- City (which does not recognize any other county or city’s
ual’s county or major city of primary residence, usually license), the restrictions (or lack thereof) as they appear
the police/sheriff’s department, or a separate licensing on the license stay with the license as the individual trav-
authority (i.e. "The County Pistol Clerk"). After initial ap- els from county to county within the state. For example,
proval on the county level, the application is then passed the holder of a Delaware County pistol license (unre-
on to the New York State Police for further approval. stricted carry) can carry his concealed handgun into a
As part of the application process, the applicant will be restaurant in Suffolk County, while his Suffolk County
required to ask friends or associates to act as personal friend cannot. Not all of the most pro-gun counties of
references. These individuals may be required to fill out New York are particularly far from New York City either;
forms, varying in length by county, attesting to the appli- many tourists getting away from New York City for a
cant’s ’good character.’ Pistol licenses can take from less weekend trip to the country have been quite surprised at
than four months to more than six months for approval, the prevalence of openly carried firearms of all types, on-
even though N.Y. law allows the licensing authorities no ly several hours from home.
more than six months to process a license.[10] This dichotomy in New York State handgun license
policies (upstate rural/downstate urban) is an outgrowth
Types of licenses/restrictions of two specific cultural forces: the strength of home rule
in New York State, and the tradition of the various hunt-
In addition to laws pertaining to the entire state of New ing seasons in the rural counties.
York, there are additional laws and statutes pertaining to
licensing and permits in some of the major cities of the
state.[12] Cities with stricter laws include Albany, Buffa- New York City
lo, Rochester and New York City.[citation needed] Pistol li- Residents of New York City who wish to obtain a pistol
censes are generally of two types: carry or premises-on- license must apply through the New York Police Depart-
ly.[10] "Premises-only" is the most common license issued ment License Bureau at One Police Plaza in lower Man-
in New York City and is supposed to be "Shall-Issue."[13] hattan.[14] The choice of licenses are: Unrestricted Con-
Restrictions can be placed on either of the above types of cealed Carry License (for personal self defense, generally
licenses; for example, many jurisdictions allow handgun considered off-limits to an average citizen), Restricted
license holders to carry handguns only while hunting (i.e. Business Carry License, Restricted Target License and
sportsman’s license) and/or traveling to and from the Restricted Premises-only License.[14]
range (i.e. target license).[10] These restrictions, howev- NYC Unrestricted Concealed Carry Licenses are valid
er, are administrative in nature; carrying a licensed, reg- throughout the rest of the state. Security Guards and
istered handgun outside of the restrictions indicated on business people who regularly carry valuables may be is-
a pistol license should result in administrative (suspen- sued a Restricted Business Carry License which is valid
sion, revocation) penalties only.[citation needed] only while conducting the business specifically as it was
described, in great detail, on the application for the li-
Regional/cultural differences cense. NYC target or premises-only licenses are the li-
censes issued to average citizens who cannot show a need
throughout the state for self defense greater than any another average citizen.
They are clearly marked: RESTRICTED - NOT FOR CARRY
Restrictions on New York State handgun licenses vary
and require the licensee to obtain special permission
greatly from jurisdiction to jurisdiction. In contrast to
from the NYPD License Bureau to leave the city with
"no carry" New York City, and some counties which only
the handgun. Most licenses issued in New York City are
issue "to and from target shooting and hunting" licenses,
for on-premises possession only, for self-defense within
many upstate New York counties issue unrestricted Pis-
the home or business. Transporting the handgun (via a
tol Licenses that allow unrestricted concealed carry of a
locked-box) to and from a target range must be done ac-
2
From Wikipedia, the free encyclopedia Gun laws in New York
cording to a strictly limited schedule pre-approved by
the NYPD Licensing Bureau. NYC target licenses allow
Federal protections
carrying to and from the range within a "locked-box" at New York State is of particular concern to interstate mo-
any time at the discretion of the licensee, but prohibit the torists who travel with firearms, because New York sep-
possession of the licensed handgun in a loaded condition arates all of New England from the bulk of the United
within the home, thereby prohibiting use for self-defense States. This means that under the Firearm Owners Pro-
within the home or business. Applicants for, and holders tection Act, all people traveling through New York City
of, a NYC target license must be members of an NYPD Li- and New York state with firearms are protected by feder-
cense Bureau-approved target range within NYC at the al law, however they must have their firearms unloaded
time of application for the license. Traveling through and locked in a hard case where they are not readily ac-
New York City with a license issued from another juris- cessible (e.g. in the trunk of a vehicle).[18] They can never
diction within New York State must be done carefully be in possession of a high capacity feeding device made
(locked box, in vehicle’s trunk, no unnecessary post-ban.[citation needed]
stops).[6][7][14] People have been arrested for having an unregistered
handgun when flying out of N.Y. airports. In 2005, Gregg
C. Revell was traveling through Newark Airport, but be-
Rifles and shotguns, antique cause of a missed flight, he was given his luggage, which
handguns included a properly checked firearm, and he was forced
to spend the night in New Jersey. When he returned to
Rifles and shotguns do not have to be registered in any the airport the following day and checked his handgun,
jurisdiction within New York State except for New York he was arrested for illegal possession. Mr. Revell lost his
City.[6][7] New York City requires registration and has lawsuit after The U.S. Court of Appeals for the Third Cir-
additional restrictions such as they cannot take a de- cuit held in Gregg C. Revell v. Port Authority of New York
tachable magazine having a capacity greater than five and New Jersey,[19] held that "Section 926A does not ap-
rounds.[9] Laws pertaining to the handling of rifles and ply to Revell because his firearm and ammunition were
shotguns are in sharp contrast to those of handguns. For readily accessible to him during his stay in New Jersey."
example, licensed carry of a handgun on one’s person al- This opinion will apply to N.Y. airports.[citation needed] If
lows the handgun to be fully loaded, including within an you miss a flight or for any other reason your flight is in-
automobile, while visiting a place of business or while terrupted and the airline tries to return you luggage that
crossing a public road while hunting. A rifle or shotgun includes a checked firearm, you can not take possession
cannot be kept loaded in any of the above circumstances of the firearm if you are taking a later flight.
except for a self defense emergency.[15] Antiques and
replica handguns must be registered to be legally loaded
and fired.[16] Miscellaneous laws
Gun Shows: New York State requires that anyone buying
Non-resident travel through a gun at a gun show must have a background check
done.[6][7]
N.Y. Youth and Firearms: Youths between ages 14 and 21
Traveling through New York State while possessing any may shoot a handgun at a range as long as several simple
handgun, for any purpose, without a New York State pis- requirements are met.[20]
tol license, is legally risky.[citation needed] New York State Weapons’
State ’Assault Weapons’ Ban: New York State has a
law does include a very limited exception for passing ban that is an almost exact mirror of the Federal Assault
through the state for target competition purposes, "by a Weapons Ban, except that it does not have a sunset pro-
person who is a member or coach of an accredited col- vision.[6][7]
lege or university target pistol team" and "while attend- Cross Registration of Handguns: Some counties limit
ing or traveling to or from, an organized competitive pis- who can register a handgun on their license, with some
tol match or league competition under auspices of, or ap- allowing cross registration of a handgun from any other
proved by, the National Rifle Association and in which licensee, to licensed family members only, to no handgun
he is a competitor, within 48 hours of such event or by a can be cross registered. N.Y. law does not address this is-
person who is a non-resident of the state while attending sue. Sharing use of a handgun not listed on your license is
or traveling to or from an organized match sanctioned only allowed at a certified range with the licensed hand-
by the International Handgun Metallic Silhouette Associ- gun owner present.[21]
ation and in which he is a competitor, within 48 hours of Examples of Local Laws: New York City, for example,
such event."[17] limits the color of all guns and bans any BB Guns, paint
ball guns and pellet guns.[9] Yonkers requires a handgun
3
From Wikipedia, the free encyclopedia Gun laws in New York
license before you ask for a license to own a BB/Pellet [5] Bureau of Alcohol, Tobacco, Firearms, and
handgun.[citation needed] Explosives - State Laws and Published Ordinances -
Renewal Fees: Periodic renewal fees, even on restrict- Firearms
ed carry licenses like NYC’s $340 for a three-year license, [6] ^ Legal Community Against Violence - New York
are highly prohibitive as well.[citation needed] Nassau, Suf- Laws, Policies, and Statistics
folk, Westchester and several other suburban counties [7] ^ NRA-ILA - Synopsis of New York Laws
are slightly less prohibitive, allowing a highly restricted [8] Handgun Licensing Information
"to and from the range only" form of concealed carry.[ci- [9] ^ New York City Administrative Code § 10-131
tation needed] Firearms. (2010)
Periodic Renewal if Licenses: Most counties in N.Y. is- [10] ^ NY Penal Code Article 400 - LICENSING AND
sue "lifetime" licenses. Elsewhere than in the City of New OTHER PROVISIONS RELATING TO FIREARMS
York and the counties of Nassau, Suffolk and Westches- (2010)
ter, any license to carry or possess a pistol or revolver [11] Handgunlaw.us States that Honor "This" State’s
shall be in force and effect until revoked.[6][7][22] Renew- Permit/License
able licenses vary in cost and last from the 3-year New [12] N.Y. Const. art. IX, §1(a) & §2(b)(1)
York City’s license to five years in the other counties, [13] http://www.nraila.org/gunlaws/nyc.aspx
with New York City’s license costing $340 every three [14] ^ Gun Licensing FAQ
years.[citation needed] [15] NYC Admin. Code § 10-131(g)
[16] OPINIONS OF THE STATE ATTORNEY GENERAL:
References "December 19, 1977 (informal No. 77- 00): Unloaded
replica muzzle loading percussion pistols may be
[1] ^ criminaldefenselawyer.com New York Gun Laws sold, purchased and possessed without a license.
for Use, Possession, and Carrying Simultaneous possession of these pistols and the
[2] NY Penal Code § 265.00 Definitions. (2010) necessary ammunition to discharge them requires
[3] NY Penal Code § 265.02 Criminal possession of a a license. PL 265.00 (14) & (15)."
weapon in the third degree. (2010) [17] NY Penal Code § 265.20(12) & (13). (2010)
[4] NY Penal Code § 265.10 Manufacture, transport, [18] Title 18 USC §926A
disposition and defacement of weapons and [19] 598 F.3d 128; 2010 U.S. App. LEXIS 5803
dangerous instruments and appliances. (2010) [20] NY Penal Code § 265.20(7)(e). (2010)
[21] NY Penal Code § 265.20(7)(a). (2010)
[22] NY Penal Code § 400.00(10). (2010)
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Categories:
• New York law
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