New York Gun Laws

New York Gun Laws

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

Rifles & Shotguns Handguns
Permit to Purchase NO* YES
Registration of Firearms NO* YES
Licensing of Owners NO* YES
Permit to Carry NO* YES

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

State Self-Defense Law Review: Always Consult An Attorney

Duty to retreat before using Deadly force outside of Special Places

Yes

Crimes Justifying use of Deadly Force outside of Special Places

Kidnapping, forcible rape, forcible sexual act, robbery

Duty to Retreat when occupying special Places - Special places Mentioned in Statute such as Home, Workplace, Occupied Vehicle

No - Dwelling

Presumption of Reasonableness in Special Places - Unlawful Acts justifying use of Deadly Force in Special Places

No - May use deadly force to defend "premises" from arson, burglary, attempted burglary

Immunity from Civil liability

Yes

Notable Provisions of this State's Self-Defense Law

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