New York Concealed Carry Firearm Laws

New York: Gun Laws Summary

New York is now a shall-issue state since the Supreme Court’s ruling on the NYSRPA v Bruen on June 23rd, 2022, with concealed weapons licenses issued at the local level by the county sheriff or court system.

Permits and Registration

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.

Carrying a Firearm

Open carry is not addressed in New York state law, although 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, with the exception of honorably discharged members of the military, who can be any age. The application process may differ depending on the type of license and the issuing county. NY doesn’t recognize permits/licenses from any other states and only residents, part-time residents or anyone who is principally employed or has his or her principal place of business can obtain NYPLs. The one exception are pistol licenses from New York City, which are valid statewide. In addition, a NYPL is not valid in the five counties that make up New York City. No handguns can be taken into the city unless New York City has validated your license. No training is required to obtain a NYPL, except for residents of Westchester county. Some areas are off-limits, including schools and courthouses. There are several types of NYPLs available, but the most commonly issued are the concealed carry and possess on premises licenses. Both licenses can be endorsed with restrictions such as only to be carried during hunting or traveling to or from target practice. In terms of reciprocity, New York does not honor permits from any other states.

Self-Defense

New York has a self-defense law based on the Castle Doctrine. In NY, a citizen has the duty to retreat from attackers if he or she feels one can safely do so.

Use of Force

A person may use physical force in self-defense, defense of a third person, in defense of premises, or in order to prevent larceny of or criminal mischief to property. A person may use physical force when the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission of a crime involving damage to premises, or to prevent or terminate the commission of a criminal trespass, larceny or of 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 actor reasonably believes that:

Another person is using or about to use deadly physical force. [N.Y. Pen. Law § 35.10]
Another person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery. [N.Y. Pen. Law § 35.15]
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. [N.Y. Pen. Law § 35.20]

*A pistol or revolver license issued by New York City or Westchester, Nassau and Suffolk counties expires and needs to be renewed every three years. A pistol or revolver license issued outside of those areas does not expire, but the license holder must recertify with the New York State Police every three years for a concealed carry license.

New York: Gun Laws at a Glance


Does New York allow constitutional carry?	No. New York does not recognize constitutional carry. [source]
What is the minimum age in New York to get a concealed carry license?	You must be 21 to concealed carry in New York. [source]
Is open carry permitted in New York?	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. [source]
Can you concealed carry weapons other than handguns in New York with a concealed carry license (or under permitless carry if applicable)?	No. A New York license does not allow carriers to conceal weapons other than handguns. [source]
Is it legal to own a taser or stun gun in New York?	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. [source]
If New York requires a license to carry a concealed firearm, how are those licenses issued?	New York is now a shall-issue state. [source]
Does New York have ammunition restrictions?	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. [N.Y. Penal Law §§ 265.00(18) and 265.01(7) and 265.01(8)]
Is it legal to buy or use chemical spray/pepper spray in New York?	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 3/4oz. 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. [N.Y. Pen. Law §§ 265.20(14) and (15)]
Does New York have magazine capacity restrictions for handguns?	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. [NY Pen. Law § 265.00(23)][NY Pen. Law § 265.02(8)]

New York: Carry Locations


Can you carry a concealed handgun in a vehicle in New York?	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, then 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. [N.Y. Pen. Law § 400.00(6)(b)]
Can you carry a concealed firearm at roadside rest areas in New York?	No. Concealed carry is not allowed at roadside rest areas in New York state. [17 CRR-NY IV C 156.12]
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in New York?	No. You may not carry concealed weapons in these areas. [Section 190(p)(1) Dept. Lands]
Can you carry a concealed firearm in bars and restaurants that serve alcohol in New York?	No. On July 1st, 2022, Gov. Hochul signed legislation banning the carrying of firearms in bars/restaurants that serve alcohol.
Can you carry or possess a firearm on hotel property in New York?	New York statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it’s concealed carry policy. See the Handguns at Hotels page for additional information.
Does New York have laws relating to storing firearms in private vehicles in an employee parking lot?	Not addressed in New York state law, although employers may have a policy.

New York: Key State Laws


Do you have a duty to inform a police officer that you’re carrying a concealed firearm in New York?	There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in New York unless the officer asks. [N.Y. Pen. Law § 400.00(8)]
Is my New York driver’s license linked to my New York carry license?	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.
Is violating a “no carry” sign a criminal offense in New York?	No. 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.
Does New York have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	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.” [N.Y. Pen. Law § 400.00(6)]
Does New York have a red flag law?	New York has a red flag law. It 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. [N.Y. Civil Practice Law & Rules Article 63-A]
Does New York state law define brandishing?	No definition of brandishing was found in New York law. 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. [N.Y. Penal Law § 120.14] 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. [N.Y. Penal Law § 240.20]
Does New York have laws regarding carrying a concealed firearm while using alcohol or drugs?	Not addressed in state statutes. 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 judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Does New York issue concealed carry licenses to non-residents?	Yes for part-time NY State residents or anyone who is principally employed or has his or her principal place of business in the state.
Does New York allow the public to access concealed carry registry information through public records law?	Yes, although gun owners may request that their application information be exempt from public disclosure. Local and state law enforcement shall have access to such database in the performance of their duties.

New York: Handgun Purchase and Possession


Is there a waiting period after purchasing a handgun in New York?	Although there is no specific waiting period prior to the purchase of a firearm in New York, all handgun purchasers must obtain a NYPL or permit to possess, and such licenses/permits may take up to 6 months to process. In addition, Bill A02690 took effect on September 12, 2019, requiring that firearm sales be suspended for a maximum of 30 days in those cases where the National Instant Criminal Background Check System (NICS) issues a “delayed” result, allowing time for the background check to be completed.
What is the minimum age to possess and transport a handgun in New York?	You must be 21 years old to possess or transport a handgun in New York state. [N.Y. Pen. Law § 400.00(1)(a)]
Can I possess/carry a handgun in my home without a license?	No. A pistol license and background check are required to possess a handgun in New York State. [N.Y. Penal Law § 400.00(2)]
Is a permit required to purchase a handgun in New York?	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.
Are there exceptions?	Yes. For firearms transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police and keep a record of the transaction. New York law requires anyone who intends to transfer a lawfully possessed handgun to first notify in writing the state police or local law enforcement. There is an exception for transfers between immediate family members.
Does my current New York concealed carry license exempt me from needing a background check when I purchase a firearm?	No.
Do handguns need to be registered in New York?	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. The license also indicates if the handgun may be carried on the person or possessed in a particular location. A license holder may apply at any time to their local licensing officer to amend their license to add newly purchased handguns or remove handguns they have sold.
Handgun Purchase Process	New York law requires that a NICS background check be completed by a licensed firearms dealer before the sale, exchange or disposal of any firearm, unless the transaction is between members of an immediate family. Before taking possession of a firearm you must supply the dealer with a purchase document. These can be obtained from the County Police Pistol License section. Before issuing a purchase document they will require a bill of sale from the dealer which includes the make, model, type, caliber and serial number of the firearm, plus confirmation the purchaser has passed a NCIS background check. Upon completion of the background check by the licensed dealer, the dealer must finalize a document that confirms that such a check was performed. All dealers must maintain transaction records on their premises and the records must be open at all reasonable hours for inspection by law enforcement. A dealer may charge a fee of up to $10.00 per transaction. Purchase documents are valid for 20 days. The firearm must be presented to the state licensing unit within that period for inspection so it can be entered into the database.