NRA / ILA
Firearms Laws forA
synopsis of state laws on purchase,possession and carrying of firearms
.Compiled by:
NRA-Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(800) 392-8683
www.nraila.org
N
ew York(As of February 2008)
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase No* Yes
Registration of Firearms No* Yes
Licensing of Owners No* Yes
Permit to Carry No* Yes
* Except in New York City
STATE CONSTITUTIONAL PROVISION
None. However, Article 2, Section 4 of the New York
Civil Rights Law provides: “A well regulated militia being
necessary to the security of a free state, the right of the
people to keep and bear arms cannot be infringed.”
PURCHASE
No permit is required for the purchase of a rifle or
shotgun (except in New York City).
A license to carry or posses a pistol or revolver is
required to purchase a handgun. (See HANDGUNSPOSSESSION
and CARRY) Elsewhere than the City of
New York, a person licensed to carry or possess a pistol or
revolver may apply at any time to the licensing officer in
the county of their residence for amendment of his or her
license to include one or more such handguns or to cancel
a handgun held under the license.
No person, firm or corporation engaged in the retail
business of selling rifles, shotguns or handguns, shall sell,
deliver or transfer any such gun to another person unless
the transferee is provided with a gun locking device and a
label on safe storage.
Any business selling firearms must post a sign where the
firearms are displayed or sold stating in bold print: “The
use of a locking device or safety lock is only one aspect of
responsible firearm storage. For increased safety firearms
should be stored unloaded and locked in a location that is
both separate from their ammunition and inaccessible to
children and any other unauthorized person.”
Any manufacturer that ships, transports or delivers
a handgun to any person in this state shall include in
the container a separate sealed container that encloses: a
shell casing of a bullet or projectile discharged from such
handgun, and any additional information that identifies
such handgun. A gunsmith or dealer in firearms licensed
in this state shall, within ten days of delivering to any
person a handgun received by such gunsmith or dealer,
forward to the division of state police, along with the
original transaction report, the sealed container enclosing
the shell casing from such handgun received from the
manufacturer.
Upon receipt of the sealed container, the division
of state police shall cause to be entered in an automated
electronic data-bank pertinent data and other ballistic
information relevant to identification of the shell casing
and to the handgun from which it was discharged.
All firearm exhibitors must conduct a national instant
criminal background check prior to all firearm sales or
transfers, including sales or transfers of rifles or shotguns
at a gun show.
It is lawful for NY residents to purchase or obtain
rifles or shotguns in a contiguous state and to receive and
transport said rifle and shotguns into the state, provided
the person is otherwise eligible to possess a rifle or shotgun
under NY law.
POSSESSION—RIFLES AND SHOTGUNS
There is no state license requirement for the possession
of a rifle or shotgun, so long as the rifle has barrel(s) at
least 16 inches in length and the shotgun has barrel(s) at
least 18 inches in length.
It is unlawful for any person convicted of a felony,
other serious offense, or who been certified as not suitable
to possess a rifle or shotgun (mentally incompetent) to
possess a firearm.
Generally, it is unlawful for anyone under the age
of 16 to possess any firearm; however, a rifle or shotgun
may be possessed by a person between 12 and 16 who
is engaged in target shooting on a range supervised by a
military officer, certified instructor, or a parent, guardian
or a person over the age of eighteen designated in writing
by such parent or guardian provided the adult has a hunter
safety certificate.
It is unlawful to possess 20 or more firearms as defined
under NY law outside one’s home or business.
POSSESSION—HANDGUNS
A license is needed to possess a handgun in one’s
home or place of business. Application is made to the
licensing officer of the city or county where the applicant
resides, is principally employed, or where his principal
place of business as a merchant or storekeeper is located.
An alien may obtain a pistol license if he or she meets
these requirements. The determination whether to
grant the license is completely within the discretion of
the licensing officer. However, the licensing officer must
state specifically and concisely in writing the reasons for
a denial. A denial can only be overturned in court if the
denial is shown to be arbitrary and capricious.
Westchester County may require the applicant to
successfully complete a firearms safety course and test
in addition to meeting the other requirements. Other
counties also require a safety course for license issuance.
A license may be granted to an applicant who is of
good moral character, who is over 21 years of age, who
has not been convicted of a serious offense, who states
if and when he has ever been treated for mental illness,
who is not subject to a protective court order and to
whom no good cause exists for the denial of the license.
The age requirement shall not apply to persons honorably
discharged from the military. (Persons between age 18 and
21 may possess a handgun at an indoor or outdoor pistol
range located in or on premises owned or occupied by a
duly incorporated organization organized for conservation
purposes or to foster proficiency in small arms. A person
between the ages of 18 and 21 may also possess a handgun
at a target pistol shooting competition under the auspices
of or approved by the NRA and while under immediate
supervision).
An investigation will be conducted regarding all
statements required in the application. This includes
taking the fingerprints and physical descriptive data of the
applicant. One copy of the fingerprints will be forwarded
to the FBI for a search of the applicant’s criminal records.
The failure or refusal of the FBI to make the fingerprint
check shall not constitute the sole basis for refusal to issue
a permit.
The licensing officer may, in his discretion, add
restrictions to the license, limiting the places where the
handgun may be kept or carried. No demonstration of
need to possess is required to obtain an “on premises
only,” license valid for one’s home or place of business.
A demonstration of need must be shown, however, for a
license not restricted to one of those locations.
An “on premises only” license authorizes the possession
of a handgun only at the location written on the license.
It does not authorize the holder to take such handgun to
any other place. (It should be noted further that an “on
premises only” license technically does not authorize the
holder even to transport the handgun from its place of
purchase to the location stated on the license.)
Applications for licenses must be acted upon within 6
months after presentment. If there is a delay, there must
be written notice to the applicant stating the reasons.
Such delay may be excused for good cause only.
If issued, a license is valid until revoked, except in
New York City where a license shall expire not more than
3 years after the date of issuance, and in Nassau, Suffolk
and Westchester Counties where a license shall expire not
more than 5 years after the date of issuance.
A license fee is fixed by the board of supervisors in
each county, with a $10.00 limit prescribed by state
law. The Division of Criminal Justice Services sets the
fingerprinting fee. The fee for each amendment to the
license is $3.00 ($5.00 in Suffolk County). In New York
City and Nassau County, the City Council and Board
of Supervisors, respectively, set the license fees without
regard to the state law limitation.
Each handgun possessed must be listed on the license
by make, model, caliber and serial number. The only
exception is possession of a properly licensed handgun by
another licensee or license applicant at a target range.
The name and address submitted by an applicant to
obtain the license becomes a matter of public record.
A licensee who moves his residence to another licensing
jurisdiction within the state shall provide notification of
the change in writing within ten days after such change
occurs, and a record of such change shall be inscribed by
such licensee on the reverse side of his license. Failure to
notify of the change of residence may result in an inability
to obtain amendments, and possible revocation of the
license.
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