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    New York

    (NY)

    New York gun laws rated very restrictive. Comprehensive guide to firearms regulations, permits, and restrictions.

    Last updated: December 27, 2025
    Rating
    1/5
    Very Restrictive
    ✗
    Permitless Carry
    10
    Round Limit
    ✗
    AWB Active
    10
    Day Wait
    Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Gun laws change frequently and vary by locality. Always verify current laws with official state sources or a qualified attorney before making decisions about firearms. Last researched: December 2025.

    See also: Federal gun laws that apply in every state. · Video guides for New York gun laws →

    New York Gun Laws in Plain English

    In New York, you need a permit to buy a handgun or a semi-automatic rifle, which takes months to get. You cannot own 'assault weapons' (like standard AR-15s) or magazines holding more than 10 rounds. Every time you buy ammo, you must pay for a background check. Even with a carry permit, you are banned from carrying in many public places like parks, bars, and public transit.

    Critical: New York Gun Law Gotchas

    These are the most important things to know that could get you arrested or charged with a crime:

    • #1The 'Other' Firearm Ban: Non-NFA firearms like the Mossberg Shockwave are explicitly banned in NY (N.Y. Penal Law § 265.00(3)).
    • #2Semi-Auto Rifle License: You cannot buy a Ruger 10/22 or any semi-auto rifle without a specific license, even if it's not an 'assault weapon' (N.Y. Penal Law § 400.00(2)).
    • #3Airport Arrests: Bringing a handgun to a NY airport (JFK/LGA) without a NY permit is a felony, even if it's locked in checked luggage for a flight. FOPA does not protect you if your journey starts or ends in NY.
    • #4Ammo Background Checks: You cannot order ammo to your door; it must ship to a dealer who will charge a fee and run a background check (N.Y. Exec. Law § 228).
    • #5Body Armor Ban: It is illegal to buy or possess a 'body vest' (soft body armor) (N.Y. Penal Law § 270.20).
    • #6Magazine Loading: While the '7-round limit' was struck down, you are strictly limited to 10 rounds. Possession of a standard 30-round mag is a crime.
    • #7Constructive Possession: Having a separated pistol grip and a semi-auto rifle that can accept it can be construed as possession of an assault weapon.
    • #8Recertification: Pistol permits must be recertified every 3 years (for carry) or 5 years (for premise). Failure to do so revokes your license (N.Y. Penal Law § 400.00(10)).
    • #9Co-Registration: You generally cannot handle a spouse's handgun unless you are also licensed and the gun is co-registered on your permit.
    • #10Safe Storage: If you live with anyone under 16, you MUST lock up your guns. Failure to do so is a crime (N.Y. Penal Law § 265.45).
    • #11Ghost Guns: Possession of an unfinished frame or receiver (80% lower) is illegal without serialization (N.Y. Penal Law § 265.60).
    • #12NYC Difference: New York City has its own separate, stricter laws (Title 38). A NY State permit is NOT valid in NYC unless validated by the NYPD Police Commissioner.
    • #13Muzzle Devices: A muzzle brake is a banned feature on a semi-auto rifle with a detachable mag. This differs from California where brakes are legal on featureless builds.
    • #14Threaded Barrels: A threaded barrel on a semi-auto pistol makes it an 'assault weapon' (N.Y. Penal Law § 265.00(22)).

    Read these carefully - they cover common mistakes that lead to felony charges.

    Common Scenarios

    Quick answers to the most frequently asked questions about New York gun laws.

    Can I keep a gun in my car?
    Illegal without a valid NY Pistol Permit. Long guns must always be unloaded in vehicles.

    N.Y. Envtl. Conserv. Law § 11-0931

    Can I defend my home?
    New York has a limited castle doctrine, removing the duty to retreat when an individual is in their dwelling and not the initial aggressor, but it does not include a presumption of reasonable fear or explicitly extend to vehicles or workplaces.

    N.Y. Penal Law § 35.15

    Can I stand my ground?
    New York does not have a stand your ground law; individuals generally have a duty to retreat from deadly force in public places if they can do so with complete personal safety.

    N.Y. Penal Law § 35.15

    Can I carry without a permit?
    Technically 'Shall Issue' after Bruen, but practically very difficult due to the CCIA requirements.

    N.Y. Penal Law § 400.00

    Can I carry on college campus?
    Prohibited. Colleges are 'sensitive locations'.

    N.Y. Penal Law § 265.01-e(2)(a)

    Can I buy a gun online?
    Legal, but must be shipped to a NY FFL for transfer and background check.

    N.Y. Gen. Bus. Law § 898

    Can I own a suppressor?
    Banned. Possession is a felony (Criminal Possession of a Weapon 3rd Degree).

    N.Y. Penal Law § 265.02(2)

    Can I own standard capacity magazines?
    10 rounds maximum. Possession of >10 round magazines is a crime.

    N.Y. Penal Law § 265.00(23)

    Detailed Law Topics

    Comprehensive breakdown of New York's firearms regulations by category.

    Carrying & TransportConcealed carry, open carry, vehicle carry, sensitive places

    Does FOPA safe passage apply when traveling through New York?

    FOPA applies, but NY police treat possession as a crime first and FOPA as an affirmative defense. Do not stop in NY with firearms if possible.

    “entitled to transport a firearm... from any place where he may lawfully possess and carry... to any other place where he may lawfully possess and carry”
    18 U.S.C. § 926A

    Is open carry legal in New York?

    Generally illegal. Permits are for 'Concealed Carry'. Open carry of loaded handguns is not authorized by the standard license.

    “A person is guilty of criminal possession... when he possesses any firearm”
    N.Y. Penal Law § 265.01
    Illegal

    Can I fly with a firearm from New York?

    Standard TSA rules apply, BUT bringing a handgun to a NY airport without a NY permit is a felony (arrests happen frequently at JFK/LGA).

    “transported in a checked baggage... declared to the aircraft operator... unloaded... in a locked hard-sided container”
    49 CFR § 1540.111

    Can I carry without a permit in New York?

    Technically 'Shall Issue' after Bruen, but practically very difficult due to the CCIA requirements.

    “shall be issued to”
    N.Y. Penal Law § 400.00

    How do I get a concealed carry permit in New York?

    Post-Bruen 'Shall Issue' but with strict requirements: 16-hour course, 2-hour live fire, 4 character references, interview, and 'good moral character' assessment.

    “A license for a pistol or revolver... shall be issued to... (o) a person... to have and carry concealed, without regard to employment or place of possession”
    N.Y. Penal Law § 400.00(1)

    Can I carry on college campus in New York?

    Prohibited. Colleges are 'sensitive locations'.

    “any building or grounds... of any educational institutions, colleges and universities”
    N.Y. Penal Law § 265.01-e(2)(a)

    What are the school zone gun laws in New York?

    State law prohibits carry on school grounds. Federal GFSZA applies to the 1000ft zone, but NY permits generally exempt you from the federal 1000ft ban (though not the school grounds themselves).

    “Criminal possession of a weapon on school grounds”
    N.Y. Penal Law § 265.01-a

    Can I keep a loaded gun in my car in New York?

    Illegal without a valid NY Pistol Permit. Long guns must always be unloaded in vehicles.

    “No person except a law enforcement officer... shall have in or on a motor vehicle... any firearm... unless it is unloaded in both the chamber and the magazine”
    N.Y. Envtl. Conserv. Law § 11-0931

    Can I carry in national parks in New York?

    NY state law bans carry in 'public parks', which NY interprets to include all parks within its borders, overriding the federal allowance.

    “sensitive location... (d) any public park”
    N.Y. Penal Law § 265.01-e
    Challenged

    Where can't I carry a gun in New York?

    Extensive list under CCIA. Includes almost all public gathering places. The 'private property default' ban (Vampire Rule) was enjoined by the 2nd Circuit, but the specific sensitive locations list remains largely in effect pending final SCOTUS review.

    “A person is guilty of criminal possession of a firearm... when such person possesses a firearm... in or upon a sensitive location... (list includes parks, zoos, transit, etc.)”
    N.Y. Penal Law § 265.01-e
    Challenged

    How do I transport firearms in New York?

    Without a permit, handguns must be unloaded and locked in a container, separate from ammo. Long guns must be unloaded.

    “Possession... is not a violation... if... transported... in a locked container”
    N.Y. Penal Law § 265.20
    Weapons & AccessoriesWhat you can own: rifles, magazines, suppressors, SBRs

    Are short-barreled rifles legal in New York?

    Banned. SBRs and SBSs fall under the definition of 'Firearm' in a way that generally prohibits them unless specifically licensed, which is rarely done for civilians. They are effectively banned.

    “Firearm means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length”
    N.Y. Penal Law § 265.00(3)

    Are ghost guns legal in New York?

    Illegal to possess unfinished frames/receivers unless you are a gunsmith. All firearms must be serialized by an FFL.

    “A person is guilty of criminal possession of a ghost gun when he or she... possesses a firearm, rifle or shotgun... which is not serialized”
    N.Y. Penal Law § 265.60

    Are suppressors legal in New York?

    Banned. Possession is a felony (Criminal Possession of a Weapon 3rd Degree).

    “A person is guilty of criminal possession of a weapon in the third degree when... (2) Such person possesses any explosive or incendiary bomb... or silencer”
    N.Y. Penal Law § 265.02(2)

    Does New York require firearm serialization?

    All firearms must bear a serial number. Unserialized 'ghost guns' must be surrendered or serialized by a gunsmith.

    “Registration and serialization... gunsmiths shall engrave, cast, stamp or otherwise conspicuously place a unique serial number”
    N.Y. Penal Law § 265.07
    Required

    Does New York require microstamping?

    Statute passed in 2022 requires DCJS to certify viability. Once certified, new semi-auto pistols must microstamp. As of late 2025, implementation is ongoing/pending certification.

    “Any pistol or revolver... manufactured or delivered to any licensed dealer in this state... shall be capable of microstamping ammunition”
    N.Y. Penal Law § 265.00(22)(h)
    RequiredImplementation Pending

    Are muzzle devices legal in New York?

    Flash suppressors and muzzle brakes are banned features on semi-auto rifles with detachable magazines. Threaded barrels are also banned features.

    “a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator”
    N.Y. Penal Law § 265.00(22)(a)(vi)

    What are the assault weapon laws in New York?

    Yes. The SAFE Act bans semi-automatic rifles with detachable magazines and ONE prohibited feature (pistol grip, thumbhole stock, folding stock, flash suppressor, muzzle brake, etc.).

    “Assault weapon means... a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics...”
    N.Y. Penal Law § 265.00(22)
    BannedChallenged

    Does New York have a magazine capacity limit?

    10 rounds maximum. Possession of >10 round magazines is a crime.

    “Large capacity ammunition feeding device means a magazine... that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition”
    N.Y. Penal Law § 265.00(23)

    What are the compliance methods for firearms in New York?

    Fixed Magazine (cannot be removed without disassembling action) OR Featureless (no pistol grip, muzzle device, etc.).

    “a semiautomatic rifle that has an ability to accept a detachable magazine”
    N.Y. Penal Law § 265.00(22)
    Ownership & PossessionRegistration, storage requirements, private transfers

    Does New York require firearm registration?

    Handguns are registered on the permit. Semi-auto rifles purchased after Sept 2022 require a license, creating a de facto registry of owners, though the rifles themselves may not be individually listed on the license in all counties (varies by county clerk practice).

    “Every license so issued shall specify the weapon covered by such license... describing the weapon by make, model, type, caliber and serial number”
    N.Y. Penal Law § 400.00
    Required

    Does New York require safe storage of firearms?

    Mandatory if living with someone under 16 or a prohibited person. Must use a safe or trigger lock.

    “No person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who... is under sixteen years of age... shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked”
    N.Y. Penal Law § 265.45

    Does New York have red flag laws?

    Yes. Police, family, and school officials can petition for an ERPO to seize firearms.

    “Extreme Risk Protection Orders... prohibiting a person from purchasing or possessing a firearm”
    N.Y. CPLR § 6340

    What do I need to know about bringing guns when moving to New York?

    Strict. You cannot bring handguns into NY without a NY permit. There is no grace period for possession. You must leave them out of state or ship to an FFL until you get a permit.

    “A person is guilty of criminal possession of a firearm when he or she possesses any firearm”
    N.Y. Penal Law § 265.01

    Do I have to report a stolen gun in New York?

    Must report loss or theft within 24 hours to police and licensing officer.

    “Notification of any change of residence shall be made in writing... and shall include... notification of the loss, theft or destruction of the license or weapon”
    N.Y. Penal Law § 400.00(9)
    Required

    How do private firearm transfers work in New York?

    Must go through FFL for background check. Exception for immediate family.

    “all sales, exchanges or disposals... shall be conducted in accordance with this section”
    N.Y. Gen. Bus. Law § 898

    Can I lend a firearm to a family member in New York?

    Allowed for immediate family (spouses, children). Temporary lending at a range is also generally permitted under supervision.

    “except... between immediate family members... spouses, domestic partners, children and step-children”
    N.Y. Gen. Bus. Law § 898(1)

    Does New York require firearm insurance?

    No state mandate for gun owners generally, though some proposals exist. (Note: NY banned 'Carry Guard' type insurance that covers criminal defense costs).

    “No insurance statute found”
    N.Y. Penal Law § 400.00

    What are the child access prevention laws in New York?

    Yes, criminal liability if a child accesses an unsecured firearm.

    “Failure to safely store rifles, shotguns, and firearms in the first degree”
    N.Y. Penal Law § 265.45
    Eligibility & ProhibitionsWho can and cannot own firearms

    Can marijuana users own firearms in New York?

    Federal law prohibits possession. While NY legalized recreational use, federal law (18 USC 922) still classifies marijuana users as prohibited persons.

    “who is an unlawful user of or addicted to any controlled substance”
    18 U.S.C. § 922(g)(3)

    Can non-citizens own firearms in New York?

    Generally prohibited unless a permanent resident alien with a valid alien registration card, though this specific statute has faced constitutional challenges (e.g., *Hu v. City of New York*). Federal law allows permanent residents.

    “A person is guilty of criminal possession of a weapon in the fourth degree when... (5) He possesses any dangerous or deadly weapon and is not a citizen of the United States”
    N.Y. Penal Law § 265.01(5)
    Challenged

    Can I buy from a private seller in New York?

    Private sales must be processed through a licensed dealer (FFL) who conducts a background check. Transfers between immediate family members (spouses, domestic partners, children, step-children) are exempt.

    “In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section... a dealer... shall consent to conduct a national instant criminal background check”
    N.Y. Gen. Bus. Law § 898

    What are straw purchase laws in New York?

    Illegal under both federal and state law. NY specifically criminalizes purchasing for another to avoid background checks.

    “A person is guilty of criminal purchase or disposal of a weapon when... he or she purchases a firearm, rifle or shotgun for, on behalf of, or for the use of another person”
    N.Y. Penal Law § 265.17

    Can someone with a domestic violence conviction own a gun in New York?

    Yes. Serious offenses include many DV-related misdemeanors. Additionally, federal MCDV prohibition applies.

    “who has not been convicted anywhere of a felony or a serious offense”
    N.Y. Penal Law § 400.00(1)(c)

    How do background checks work in New York?

    New York State Police (NYSP) act as the Point of Contact. All firearm and ammunition purchases go through the NYS background check system, which includes NICS.

    “The division shall serve as the state point of contact for implementation of 18 U.S.C. section 922 (t), and all federal and state laws... regarding the conducting of national instant criminal background checks”
    N.Y. Exec. Law § 228
    Challenged

    Who is prohibited from owning firearms in New York?

    NY denies licenses for 'serious offenses' (misdemeanors defined in § 265.00(17)), lack of 'good moral character', or if good cause exists for denial.

    “No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant... (c) who has not been convicted anywhere of a felony or a serious offense;”
    N.Y. Penal Law § 400.00(1)

    Who is prohibited from owning firearms under federal law?

    Felons, fugitives, unlawful users of controlled substances, those adjudicated as mental defectives, illegal aliens, dishonorably discharged veterans, and those subject to certain restraining orders.

    “It shall be unlawful for any person... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition”
    18 U.S.C. § 922(g)
    Buying & Acquiring FirearmsHow to purchase, waiting periods, background checks

    What is the minimum age to buy a gun in New York?

    21 for handguns (permit required). 21 for semi-automatic rifles (license required). 18 for manual action rifles/shotguns (unless local law like NYC differs).

    “No license shall be issued... except for an applicant (a) twenty-one years of age or older”
    N.Y. Penal Law § 400.00(1)(a)

    Is there a waiting period to buy a gun in New York?

    No statutory fixed-day wait (e.g., 10 days) for the purchase itself, but the licensing process for handguns and semi-auto rifles can take months. Once licensed, the background check can be instant or delayed up to 30 days.

    “Applications for licenses shall be acted upon within six months after presentment”
    N.Y. Penal Law § 400.00(4-b)

    Does New York have a handgun roster?

    No official roster of approved models like CA, but individual counties/judges may restrict specific types on permits. 'Junk gun' laws apply to dealers.

    “No roster statute found”
    N.Y. Penal Law § 400.00

    Do I need a permit to buy a gun in New York?

    Yes. A Pistol Permit is required to purchase/possess handguns. A Semi-Automatic Rifle License is required to purchase/take possession of any semi-automatic rifle.

    “A license for a pistol or revolver, or for a semi-automatic rifle, shall be issued to...”
    N.Y. Penal Law § 400.00(2)
    Required

    Can I buy a gun online in New York?

    Legal, but must be shipped to a NY FFL for transfer and background check.

    “all sales... shall be conducted in accordance with this section”
    N.Y. Gen. Bus. Law § 898
    Legal

    Are there gun purchase limits in New York?

    No state-level 'one gun per month' statute, though NYC (Title 38) has a 90-day limit. Licensing officers have broad discretion.

    “No limit statute found”
    N.Y. Penal Law § 400.00

    Are there ammunition restrictions in New York?

    No quantity limits, but background checks are required for all ammo purchases. Internet sales must ship to a dealer/seller for the check.

    “The division shall create and maintain a statewide license and record database specific for ammunition sales”
    N.Y. Exec. Law § 228
    Challenged

    Can I buy a gun out of state in New York?

    Handguns must be shipped to NY FFL. Long guns can technically be bought in person out of state if they comply with NY laws (e.g., SAFE Act compliant), but many out-of-state dealers refuse NY sales due to complexity.

    “shall not apply to the sale or delivery... of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person... and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States”
    18 U.S.C. § 922(b)(3)

    Do I need a background check to buy ammo in New York?

    Yes. Every ammunition purchase requires a background check through the NY State Police system.

    “A seller of ammunition shall not transfer any ammunition to any other person who is not a dealer... unless... the seller contacts the statewide license and record database”
    N.Y. Exec. Law § 228(5)
    RequiredChallenged
    Self-DefenseCastle doctrine, stand your ground, duty to retreat

    Does New York have a castle doctrine?

    New York has a limited castle doctrine, removing the duty to retreat when an individual is in their dwelling and not the initial aggressor, but it does not include a presumption of reasonable fear or explicitly extend to vehicles or workplaces.

    “the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor”
    N.Y. Penal Law § 35.15

    Is there a duty to retreat before using force in New York?

    New York imposes a duty to retreat before using deadly force, which applies everywhere except when the individual is in their own dwelling and not the initial aggressor.

    “Even then, the actor may not use deadly physical force if he or she can retreat with complete personal safety, except that the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor.”
    N.Y. Penal Law § 35.15

    Does New York have a stand your ground law?

    New York does not have a stand your ground law; individuals generally have a duty to retreat from deadly force in public places if they can do so with complete personal safety.

    “Even then, the actor may not use deadly physical force if he or she can retreat with complete personal safety”
    N.Y. Penal Law § 35.15

    Court Cases

    Key legal decisions and active litigation affecting New York gun laws

    Antonyuk v. Chiumento

    22-2908

    Decided - CCIA mostly upheld
    Court: United States Court of Appeals for the Second CircuitDecided: October 24, 2024

    Issue: New York Concealed Carry Improvement Act (CCIA) - licensing, sensitive places, private property

    The Second Circuit largely upheld New York's post-Bruen gun law (CCIA) but struck down the social media disclosure requirement and the default ban on carrying on private property open to the public.

    Impact:

    New York's broad sensitive-places framework survives, but the private property default ban was struck down. Creates circuit split with 9th Circuit on that issue.

    View Case

    Court rulings can change quickly. Always verify current status before relying on these cases.

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