State Gun Laws for New York

New York State Gun And Self-Defense Laws: YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. *Always Consult An Attorney.

New York Gun Laws

New York Gun Laws

Licensing/Registration
Rifles/Shotguns
Handguns
Permit to Purchase
No
Yes
Firearm Registration
No
Yes
Licensing of Owners
No
Yes
Permit to Carry
No
Yes
Legal Liabilities
Responsibility
*'Special places' mentioned in statute, such as:
home, workplace, occupied vehicle.
Duty to retreat before using deadly force outside of special places
Yes
Crimes justifying the use of deadly force outside of special places
Yes
Duty to retreat before using deadly force when occupying special places
No
Crimes justifying the use of deadly force in special places (Presumption of Reasonableness)
No
Immunity from civil liability
Yes
Notable provisions of self-defense law in New York
N/A

How to obtain a Concealed Carry Permit in New York

New York is a "may-issue" state, in that the individual licensing agency which is either the local Police Chief or The Sheriff’s Department of the County. Either type of Law Enforcement agency has absolute discretion to issue a license or permit to possess handguns, or carry a concealed firearm.

The licensing authority may require the licensee go through firearms training and education or dictate the conditions under which a CCW permit holder can possess handguns or carry a concealed weapon.

Unlike other "may issue" states where permits are typically valid statewide regardless of the locality in which they are issued, New York State concealed carry permits are not automatically valid statewide, and some localities do not recognize permits issued from elsewhere in the state.

New York State issues various types of handgun licenses under NY Penal Law § 400.00(2) (e.g., to have and possess in a dwelling by a householder; to have and possess in a place of business by a merchant). Not all license types allow unrestricted concealed carrying. The license must specify whether it is issued to carry on the person or possess on the premises, and if on the premises, it must specify the place where the licensee may possess the handgun. NY Penal Law § 400.00(7). An applicant for a license to carry outside the home must be required to show, in addition to the requirement for possession, that “proper cause” exists for the issuance of a carry license.

INSTRUCTIONS TO HANDGUN LICENSE APPLICANTS FOR NYC CLICK HERE

New York State does not recognize concealed weapons permits issued by other states.

 

Attention Active Duty and Retired New York Law Enforcement Officers!

If you are an active duty or retired Law Enforcement officer with proof of your status you CAN get self-defense legal protection when carrying a firearm and are involved in an OFF DUTY Self-Defense shooting incident. New York law only allows this protection for active duty or retired Law Enforcement officers! Unfortunately, New York State Law does not allow civilians to have this coverage. 

The CCW Safe HR218 plan was developed specifically for active, retired, and former law enforcement officers that meet the requirements for the Law Enforcement Officers Safety Act (LEOSA), also known as HR218. 

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 State Gun Laws New York NY 

New York Sate Gun Laws Vary From All Other States

State gun laws vary significantly from in New York to all other states. The laws identify different gun related laws including the possession, the use, and the sale of firearms and ammunition, and in some states it even regulates accessories that can be used on the gun including the capacity of magazine sizes for both semi-automatic rifles, shotguns, and handguns. Also, many states even including New York have regulations regarding the number of rounds that can be in a shotgun tube or magazine. (For Hunting) There are even specific gun laws unique to the District of Columbia and for US held territories.

Many state gun laws are even more restrictive than federal laws in both their content, their form, and the restriction of what types of weapons and ammunition can be sold within the state and the manner in which they can be possessed by state or territorial residents. It is vital that all residents of New York know ALL of the State Gun Laws!

As of 2019 there are 44 states that have some special provisions in their state constitutions that are very similar in language used in the second amendment of the United States Constitution, specifically language which protects the citizens of the State the rights to keep and bear arms.

In New York As In All States You Must Know The Gun Laws

The states which are well known to be anti-gun, and seem to have obvious political leanings against the Second Amendment are New York, California, New Jersey, Iowa, Minnesota and Maryland. Luckily, in the US supreme court decision of McDonald vs. Chicago; That the protections of the Second Amendment to keep and bear arms for self defense in one’s home apply against state governments and their politically motivated provisions, thereby preventing a state from abolishing completely any second amendment protections afforded by the US Constitution.

Typically, and in many cases State Gun Laws (Firearms) of New York are usually less restrictive than federal laws yet is not always the case, and one must be aware of these restrictions anytime they are purchasing or carrying a firearm in New York especially while using a concealed carry permit and traveling between states. There are many states that have reciprocity agreements and New York may be one of them, the recipocity are very specific on what states your particular permit will be accepted and recognized.

If You Travel From New York With A Gun Know The Recipocity Laws!

Keep in mind that although your New York permit may have a reciprocity agreement with a state you plan to visit the visiting state may have individual gun restrictions preventing your particular firearm or type of ammunition from being in their state, it is always wise to do your homework before traveling, keep in mind that a reciprocity CCW permit is not a blanket approval.

Remember this does not automatically include any de jure immunity against prosecution for violating any New York state gun laws or possible violations of any federal gun laws!

It should be noted that New York state and local police departments are generally not legally required or obligated to enforce federal gun laws as per the US Supreme Court ruling in Printz vs. The United States.

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