SECTION 1
New York City
February, 2006
(For New York State & Other cities, see below Section 2
QUICK REFERENCE CHART
Rifles, Shotguns, and Handguns
Permit to Purchase:
- Rifles and Shotguns: Yes
- Handguns: Yes
Registration of Firearms:
- Rifles and Shotguns Yes
- Handguns: Yes
Licensing of Owners:
- Rifles and Shotguns Yes
- Handguns: Yes
Permit to Carry:
- Rifles and Shotguns Yes
- Handguns: Yes
ALL FIREARMS—PURCHASE AND POSSESSION
Only a person age 21 or older can be granted a permit to purchase and possess a firearm. It is unlawful for any person to sell, offer for sale, or dispose of a firearm to any person under the age of 21 within the city of New York, unless such person is otherwise exempt by law. Exemptions include:
• persons in the military service when duly authorized to carry or possess a firearm or in pursuit of official duty;
• persons employed in fulfilling defense contracts requiring possession of a firearm under such contract;
• police officers;
• peace officers legally authorized of possess a firearm and permitted to do so by their employer; and
• participants in special events when authorized by the Police Commissioner.
It is unlawful for any individual to knowingly possess a firearm in public, private or parochial schools of any level including day care, nursery or preschool level through high school and vocational schools. The gun-free school zone includes in, on or within any building, structure, athletic playing field, playground or school land or within one thousand feet of the real property boundary line compromising any such school. Exceptions include firearms possessed in the home or business of a licensed or permitted person.
Affirmative defenses to prosecution for carrying a firearm within the proximity of a gun-free school zone exist for a licensed or permitted individual possessing a firearm when the firearm is:
• carried for the personal safety of one’s business or home;
• purchased or obtained and being transported that same day for the first time to one’s home or business;
• carried between a police department facility for inspection
and one’s business, home, bank, or point of purchase;
• carried between a gunsmith for demonstrably needed repairs and one’s home or business;
• used in an athletic or safety program approved by a school, or by the Police Commissioner;
• in accordance with a contract entered into between a school or business and the individual or an employer of the individual.
In is unlawful to knowingly or with reckless disregard for the safety of another, to discharge a firearm in a school zone. Affirmative defenses to prosecution exist for a licensed or permitted individual when discharged:
• in self defense;
• for use in a special event or safety program authorized by a school in a school zone or by the Police Commissioner;
• by an individual in accordance with a contract entered into between a school or business and the individual or an employer of the individual.
It is unlawful for any person who is the lawful owner or lawful custodian of any firearm to store, place or leave such firearm out of his or her immediate possession or control, without having rendered such weapon inoperable by employing a safety-locking device. The provisions of this section shall not apply to weapons owned or lawfully possessed by a police officer or a federal law enforcement officer.
It is unlawful for any person or business enterprise to sell any firearm, which does not contain a safety-locking device. A safety-locking device shall mean a design adaptation or attachable accessory that will prevent the use of the weapon by an unauthorized user.
It shall be unlawful for any person, business, licensed manufacturer, licensed importer, or licensed dealer to sell, transfer, deliver or dispose of any firearm in the city of New York unless it is accompanied by the following warning, which shall be on a label affixed to the weapon and on a separate sheet of paper included within the firearm: “THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE WEAPON STORAGE. ALL WEAPONS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN AND ANY OTHER UNAUTHORIZED PERSONS.”
Any person who applies for and obtains authorization to
purchase a weapon or otherwise lawfully obtains a firearm weapon is required to purchase or obtain a safety-locking device at the time he or she obtains the firearm.
HANDGUNS—PURCHASE AND POSSESSION
Approval from the Commissioner must be obtained for each handgun purchased under the license. A license contains a description of each handgun possessed by the license holder. Additional handguns may be added by means of a Purchase Authorization Coupon and an amendment to the license under New York State law.
A license is required to possess a handgun for any purpose. The Commissioner of the New York City Police Department is the issuing authority for handgun licenses. Unless indicated otherwise, such licenses and permits shall expire on the first day of the second January after the date of issuance. Every license to carry or possess a pistol or revolver in the city may be issued for a term of no less than one year or more than three years.
There are different handgun licenses with different privileges granted under each. A license for a handgun shall be issued as a:
• possession license for in a dwelling by a householder or in a place of business by a merchant or storekeeper;
• have and carry concealed for employment purposes;
• have and carry concealed, without regard to employment or place of possession;
• have, possess, collect and carry antique pistols.
A license may be granted to an applicant who is of good moral character, who is over the age of 21 years, 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.
To obtain a handgun license to possess in a household or place of business, no showing of need is required. The applicant must meet the eligibility requirements listed above. The application procedure is administered thru the pistol licensing divsion, and includes fingerprinting and the submission of 2 photos of the applicant taken within 30 days of the application date. The non-refundable application fee of all licenses and renewals is $170.00 for the first two years and there is a prorated fee if for more than two years. Licenses may not be issued for less than one year or more than 3 years. The fingerprinting fee is $99.00.
Only a licensed handgun owner can legally possess handgun ammunition, provided it is in the caliber of the licensed handgun. Only the licensed handgun owner can legally possess a magazine for the licensed handgun, provided it does not exceed 17 rounds capacity or extend below the grip of the handgun.
HANDGUNS—CARRYING
The license to possess a handgun is a license to carry unless restricted, but almost all licenses are restricted. If there are no restrictions the licensee may carry the handgun concealed on or about his person, loaded or unloaded.
Handgun licenses issued elsewhere in New York State are not valid in New York City. New York City licenses are valid throughout New York State. However, a New York State license
to carry or possess will be valid in New York City provided that the handguns are transported by the licensee in a locked container, and the trip through New York City is continuous and uninterrupted.
A license to possess a handgun in one’s household or place of business or to possess a target handgun does not authorize the licensee to carry a handgun on or about his person except in the very limited circumstances including transporting unloaded handguns and ammunition in separate locked containers, directly to and from an authorized range, or hunting location.
To obtain a license to carry a concealed handgun the applicant is required to show that proper cause exists for the issuance of the license. The decision to issue or deny this license is within the discretion of the Commissioner, administered through the Pistol Licensing Division. A court will only overturn any decision granting or denying a concealed carry license if it can be shown that the Commissioner abused his discretion.
A license may not be transferred. The license holder must have the license in his possession while carrying a handgun, and each person licensed to possess a handgun on his premises is required to have a license on such premises. The license must be exhibited on demand of any peace officer.
RIFLES & SHOTGUNS—PURCHASE
The permit to possess a rifle or shotgun also serves as a permit to purchase a rifle or shotgun.
No person lawfully in possession of a rifle or shotgun may dispose of it except to:
• a licensed dealer;
• a holder of a valid rifle and shotgun permit; or
• an exempt person such as members of the military, peace officers and non-residents on New York City providing proof of exempt status.
A non-resident of New York City who had not been issued a permit may purchase a rifle or shotgun from a licensed New York City dealer provided that he subscribes and swears or affirms to a written statement that he would not be disqualified from purchasing a rifle or shotgun if he were a city resident, that he is qualified to purchase a rifle or shotgun in the place where he resides and can document that he is a bona-fide resident of a jurisdiction outside New York City. Non-resident purchasers have 24 hours to remove any long guns so purchased from New York City, and in the event it is necessary, the dealer is authorized to deliver the gun at a terminal to a representative of the railroad, airline or shipping company for placement aboard such train, plane or ship to have the gun and purchaser in same transportation. This exception does not include assault weapons.
There are three ways that a rifle or shotgun sale may be registered with the Firearms Control Section:
• The New York City dealer who makes the sale is required to register the sale.
• The permit holder is required to register his purchase when he buys from a dealer outside the city within 72 hours of bringing into the city.
• In a sale between permit holders the parties involved are required to register the transfer.
Where the sale is made by a City dealer, the dealer issues a certificate of registration to the buyer and sends a copy to the Firearms Control Section. In all other dispositions the Firearms
Control Section issues the certificate of registration. The disposing of the rifle or shotgun must be recorded on forms supplied by the Firearms Control Section. The original copy must be sent to the Firearms Control Section within 72 hours of the purchase or acquisition, and one copy will be retained by the seller and one copy by the purchaser or recipient. Both parties must have their registration certificates amended to show the transfer of the rifle or shotgun.
RIFLES & SHOTGUNS—POSSESSION
A permit issued by the Firearms Control Section of the Police Department’s License Division is required to possess a rifle or shotgun in New York City. The applicant must submit 2 photos taken within 30 days of the application, and be fingerprinted. The fee for a rifle and shotgun permit and renewal is $55.00. The fingerprinting fee is $99.00. The permit is valid for 3 years and is subject to automatic renewal, upon sworn application, and without investigation, unless the Police Commissioner has reason to believe that the status of the applicant has changed since the previous application.
It is unlawful for a person to possess a rifle or shotgun unless he is the holder of a permit as well as a certificate of registration, issued by the Firearms Control Section of the Police Department’s License Division for each rifle or shotgun. There is no fee for the certificate of registration; the board keeps a file of all current and past holders of permits and certificates of registration.
The following persons may not obtain a permit to possess a rifle or shotgun:
• Persons under 21 years of age.
• Persons convicted of a felony, serious offense, certain assault or domestic violence misdemeanor convictions.
• Persons not of good moral character.
• Persons who have suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness.
• Persons not now free from any mental disorders, defects or diseases that would impair the ability to safely posses or use a rifle or shotgun.
• Persons subject to court protective disorders.
• Persons for which good cause exists to deny the permit.
Unless the Police Commissioner determines more time is needed for additional investigation, the Commissioner shall issue the permit or notify the applicant of the denial within 30 days. If additional investigation is needed, the Commissioner will notify the applicant no later than 60 days after the application date regarding the acceptance or denial of the permit application.
If an application for a permit is denied, the applicant can submit an appeal to the Police Department’s License Division. A further appeal can be submitted to the Commanding Officer of the License Division.
Any person holding a valid license to carry a concealed weapon in accordance with the provisions of the New York Penal Law will be issued a shotgun or the rifle permit upon application and payment of the $55.00 fee.
The following persons may possess a rifle or shotgun without a permit:
• Persons under 18 when in the actual presence or under the direct supervision of an adult who possess a permit, or taking part in an approved competition or target practice in and upon an approved firing range, provided that the rifle or shotgun is otherwise properly registered or exempt from registration by virtue of some other provision of this chapter. This exemption shall not apply to assault weapons.
• Persons in military service;
• Peace officers;
• Non-residents in transit for less than 24 hours;
• Members of an accredited civilian rifle club who ere given rifles obtained through the DCM;
• Members of a rifle team representing an educational institution;
• Persons transporting rifles and shotguns as merchandise;
• Persons who possess antique rifles and shotguns, defined as those manufactured prior to 1894 and replicas which are not designed to fire fixed ammunition, or for which fixed ammunition is not commercially available;
• Inheritance, whether by testamentary bequest or by the laws of intestacy, except that the person who receives or acquires said rifle or shotgun is subject to obtaining a permit as well as a certificate of registration. If the heir or legatee of the owner of such a rifle or shotgun does not qualify to possess the rifle or shotgun, the rifle or shotgun may be possessed by the heir or legatee for the purpose of sale for a period not exceeding 180 days or further limited period beyond the 180 days as may be approved by the Commissioner, extensions in no event to exceed a total of 90 days.
Any New York City resident acquiring a rifle or shotgun outside the city shall make application for a permit and certificate of registration within 72 hours after bringing such weapon into the city. Pending the issuance of such permit and/or certificate the rifle or shotgun must be deposited at the nearest police precinct.
Non-residents in transit who are carrying rifles and shotguns with them are exempt from the permit and registration requirements provided they remain in New York City for less than 24 hours and the rifles and shotguns are at all times unloaded and in a closed case, or in a locked automobile trunk.
Only a rifle or shotgun owner with a permit is allowed to possess ammunition suitable for the registered rifle or shotgun and is allowed to possess a magazine for the registered rifle or shotgun, provide it does not exceed five rounds capacity
RIFLES & SHOTGUNS—CARRYING
It is unlawful for a person to carry a rifle or shotgun on about his person or in a vehicle without a permit and certificate of registration for such rifle or shotgun. A rifle or shotgun carried in a vehicle must be unloaded and not readily accessible. Rifles and shotguns carried in an automobile trunk need not be cased, but they must be unloaded.
It is unlawful to possess or carry a loaded rifle or shotgun in public. Unloaded shotguns or rifles carried or possessed in public must be completely enclosed or contained in a non-transparent case.
ANTIQUES & REPLICAS
Exempt from permit and certificate of registration requirements are antique rifles and shotguns incapable of being fired or discharged or which do not fire fixed ammunition or those weapons manufactured prior to 1894 and replicas for which fixed ammunition is not commercially available.
Also exempt is any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver, which uses fixed cartridges, which are no longer available in the ordinary channels of commercial trade. This includes replicas. A license would be required to possess these handguns when the ammunition necessary to discharge them is possessed simultaneously.
MISCELLANEOUS
New York City has two definitions of firearm. The New York City Charter has a broader meaning of firearm to include any firearm (defined by the New York Administrative Code), rifle, shotgun, assault weapon, or machine gun. The New York City Administrative Code more narrowly defines firearm as any pistol or revolver, a shotgun having a barrel(s) less than eighteen inches in length, a rifle having a barrel(s) less than sixteen inches in length, or any weapon made from a shotgun or rifle with an overall length of less than 26 inches. Assault weapons (defined in the NYC Administrative code) are not considered firearms except as specifically provided, making this second definition different than the New York State Law.
The definition of assault weapon includes semiautomatic center fire or rimfire rifle or semiautomatic shotgun, which has one or more of the following features:
• folding or telescoping stock or no stock;
• pistol grip that protrudes conspicuously beneath the action of the weapon;
• bayonet mount;
• flash suppressor or threaded barrel designed to accommodate a flash suppressor;
• barrel shroud;
• grenade launcher.
In addition, the commissioner shall, by rule, designate specific semiautomatic center fire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer’s name, as within the definition of assault weapon, if the Commissioner determines that such weapons are particularly suitable for military and not sporting purposes:
• Any shotgun with a revolving-cylinder magazine;
• Any part, or combination of parts, designed or redesigned or intended to readily convert a rifle or shotgun into an assault weapon.
The definition of assault weapon shall not include any rifle or shotgun modified to render it permanently inoperative.
It is unlawful for any person to possess or dispose of an assault weapon except for members of the military, persons employed with defense contracts for testing, and persons voluntarily surrendering an assault weapon to the Police Commissioner.
Ammunition feeding device means magazines, belts, feedstrips feedstrips, drums or clips capable of being attached to or utilized with firearms, rifles, shotguns or assault weapons.
The presence of a rifle, or shotgun, or rifle or shotgun ammunition, in a vehicle, room, dwelling or structure, without a rifle and shotgun permit therefore and a certificate of registration therefore, or the presence of an assault weapon in a vehicle, room, dwelling or structure, shall be presumptive evidence of possession thereof by all persons occupying the vehicle, room, dwelling or structure at the time.
It is unlawful to alter, change, remove, disfigure, obliterate or deface the name of the make, model, manufacturer’s or serial number of a rifle, shotgun, handgun, or assault weapon.
Whenever the Mayor declares a state of emergency in New York City, the following activities are prohibited:
• the sale or transfer of possession of any ammunition, guns and other firearms of any size description;
• the displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description;
• the possession in a public place of a rifle or shotgun by any person, except police or military in performance of official duty;
• the possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the Police Commissioner.
It is unlawful to fire or discharge any gun, pistol, rifle, fowling piece or other firearm in the City, except for certain premises designated by the Police Commissioner.
Non-residents of New York City may apply for a rifle or shotgun permit subject to the same conditions, regulations, and requirements as residents of New York City.
SOURCES:
New York city Charter Chapter 18-C, 18-D, New York City Administrative Code 3-105, 3-109, 3-131, 10-301 through 10-312, and New York Consolidated Laws, Articles 400.
SECTION 2
NEW YORK STATE
(All other cities)
QUICK REFERENCE CHART
Rifles, Shotguns, and Handguns[/CENTER]
Permit to Purchase:
- Rifles and Shotguns: No*
- Handguns: Yes
Registration of Firearms:
- Rifles and Shotguns No*
- Handguns: Yes
Licensing of Owners:
- Rifles and Shotguns No*
- Handguns: Yes
Permit to Carry:
- Rifles and Shotguns No*
- Handguns: 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.
CARRY
A license to possess a handgun serves also as a license
to carry unless restricted.
A license to carry or possess a pistol or revolver, not
otherwise limited as to place or time of possession, shall
be effective throughout the state, except that the license
shall not be valid within the city of New York unless a
special permit granting validity is issued by the police
commissioner of that city.
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, including, for example, target shooting,
hunting, or self-defense.
The license can be amended to include one or more
additional or different handguns. The licensee is required
to carry the license on his person at all times when carrying
a handgun.
A loaded handgun may be carried in a vehicle by
a properly licensed individual. (Loaded means a firearm
with ammunition loaded in magazine or chamber or any
firearm which is possessed by one who at the same time
possesses a quantity of ammunition which may be used to
discharge such a firearm.) Possession of any loaded rifle or
shotgun in a vehicle is illegal.
NON-RESIDENTS
It is unlawful for any person to carry, possess or
transport a handgun in or through the state unless he
has a valid New York license. (A provision of federal law
provides a defense to state or local laws which would
prohibit the passage of persons with firearms in interstate
travel if the person is traveling from any place where he
may lawfully possess and transport a firearm to any other
place where he may lawfully possess and transport such
firearm and the firearm is unloaded and in the trunk. In
vehicles without a trunk, the unloaded firearm shall be in
a locked container other than the glove compartment or
console).
A member or coach of an accredited college or
university target pistol team may transport a handgun
into or through New York to participate in a collegiate,
Olympic or target pistol shooting competition provided
that the handgun is unloaded and carried in a locked
carrying case and the ammunition is carried in a separate
locked container.
Non-resident target shooters may enter or pass through
New York State with handguns for the purposes of any
NRA approved competition or IHMSA sanctioned match,
within 48 hours of the competition, if the competitor has
in his possession a copy of the match program, proof of
entry and a pistol license from his state of residence. The
handgun must be unloaded and transported in a locked
opaque container. This provision does not apply in NY
cities not wholly contained within a single county or to
people with felony convictions.
Possession of firearms by a person who is a nonresident
of this state is lawful while attending or traveling to or
from an organized convention or exhibition approved by
the NRA, and in which the nonresident is a registered
participant within forty-eight hours of such event,
provided that the nonresident has not been previously
convicted of a felony and further provided that the
firearms are transported unloaded in a locked opaque
container together with a copy of the convention or
exhibition program, convention or exhibition schedule or
convention or exhibition registration card. This provision
does not apply in NY cities not wholly contained within
a single county.
A non-immigrant alien may possess a rifle or shotgun
for use while hunting provided he has a valid hunting
license issued by New York State and an approved gun
import form from the BATFE.
ANTIQUES[/B]
The New York definition of a firearm does not include
an antique firearm. An antique firearm is any unloaded
muzzle loading pistol or revolver with a matchlock,
flintlock, percussion cap, or similar type of ignition
system, or a pistol or revolver that uses fixed cartridges
that are no longer available in the ordinary channels of
commercial trade. A license is not required to possess,
collect or carry an unloaded antique firearm.
However, a license is required to possess, collect and
carry antique pistols. The licensing statute defines an
antique pistol as: any single shot, muzzle loading pistol
with a matchlock, flintlock, percussion cap, or similar
type of ignition system manufactured in or before l898,
which is not designed for using rim-fire or conventional
center-fire fixed ammunition; and any replica if such
replica is not designed or redesigned for using rim-fire
or conventional center-fire fixed ammunition, or uses
rim-fire or conventional center-fire fixed ammunition
which is no longer manufactured in the United States and
which is not readily available in the ordinary channels of
commercial trade. To the extent that an “antique pistol” is
not also an “antique firearm,” a license would be required
for lawful possession.
NY Law has interpreted this to mean antique rifles,
shotguns, handguns, and replicas thereof, are generally
exempt from the above restrictions and can be bought and
possessed without a permit. (Persons who shoot muzzleloading
handguns must be properly licensed.) However,
to fall within the exemption, antique handguns must be
unloaded and possessed without the materials required
for loading.
MACHINE GUNS
It is a felony for any person to manufacture, transport
or dispose of a machine gun. It is a felony to buy, receive,
dispose or conceal a machine gun that has been defaced
for the purpose of concealment.
The presence in any room, dwelling, structure or
vehicle of any machine gun is presumptive evidence of
unlawful possession by all persons occupying the place
where the machine gun is found.
A machine gun is defined as any weapon from which a
number of shots or bullets may be rapidly or automatically
discharged from a magazine with one continuous pull of
the trigger and includes a submachine gun.
ASSAULT WEAPONS
It shall be unlawful to possess any “assault weapon”
or “large capacity ammunition feeding device.” So called
assault weapons lawfully possessed prior to September
14, 1994 and large capacity ammunition feeding devices
manufactured prior to such date can continue to be
lawfully possessed..
“Assault weapon” is defined as:
A semiautomatic rifle that has an ability to accept a detachable
magazine and has at least two of the following characteristics:
• a folding or telescoping stock;
• a pistol grip that protrudes conspicuously beneath the action
of the weapon;
• a bayonet mount;
• a flash suppressor or threaded barrel designed to accommodate
a flash suppressor;
• a grenade launcher.
• A semiautomatic shotgun that has at least two of the following
characteristics:
• a folding or telescoping stock;
• a pistol grip that protrudes conspicuously beneath the action
of the weapon;
• a fixed magazine capacity in excess of five rounds;
• an ability to accept a detachable magazine.
• A semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:
• an ammunition magazine that attaches to the pistol outside
of the pistol grip;
• a threaded barrel capable of accepting a barrel extender,
flash suppressor, forward handgrip, or silencer;
• shroud that is attached to, or partially or completely encircles,
the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned;
• manufactured weight of fifty ounces or more when the
pistol is unloaded.
• A semiautomatic version of an automatic rifle, shotgun or
firearm.
• Any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber,
known as:
• Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs
(All Models);
• Action Arms Israeli Military Industries UZI and Galil;
• Beretta Ar70 (SC-70);
• Colt AR-15;
• Fabrique National FN/FAL, FN/LAR, and FNC;
• SWD M-10, M-11, M-11/9, and M-12;
• Steyr AUG;
• INTRATEC TEC-9, TEC-DC9 and TEC-22;
• revolving cylinder shotguns, such as (or similar to) the
Street Sweeper and Striker
• Assault weapons does not include:
• any rifle, shotgun or pistol that: is manually operated by
bolt, pump, lever or slide action; or has been rendered
permanently inoperable; or
• An antique firearm as defined under federal law
• A semiautomatic rifle that cannot accept a detachable
magazine that holds more than five rounds of ammunition;
• A semiautomatic shotgun that cannot hold more than five
rounds of ammunition in a fixed or detachable magazine;
• A rifle, shotgun or pistol, or a replica or a duplicate thereof,
specifically exempted from the federal assault weapon
ban list as such weapon was manufactured on October 1,
1993.
“Large capacity ammunition feeding device” means
a magazine, belt, drum, feed strip, or similar device,
manufactured after September 13, 1994, that has a
capacity of, or that can be readily restored or converted
to accept, more than ten rounds of ammunition. There
is an exception for an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
MISCELLANEOUS PROVISIONS
Any person lawfully in possession of a firearm who
suffers the loss or theft of said weapon shall report the
facts and circumstances of the loss or theft to a police
department or sheriff ’s office within twenty-four hours of
the discovery of the loss or theft.
Illegal possession of a loaded firearm is a class C violent
felony, punishable by a minimum mandatory term of
three and a half years and a maximum of fifteen years.
It is unlawful to discharge a firearm so as the load
passes over any part of a public highway.
It is a crime to possess any rifle, shotgun or handgun
in or upon a building or grounds, used for educational
purposes, of any school, college or university. It is lawful,
however, to possess a rifle, shotgun or handgun in or
upon the forestry lands, wherever located, owned and
maintained by the State University of New York College
of environmental science and forestry, without the written
authorization of such educational institution.
It is unlawful to discharge a firearm within five
hundred feet from a dwelling house, farm building or
farm structure actually occupied or used, school building,
school playground, or occupied factory or church.
It is unlawful to willfully discharge any firearm either
in a public place, or in any place where there is any person
to be endangered thereby.
It is a crime to intentionally point or discharge any
firearm toward another person (except in self-defense),
even if no malice or injury is involved.
It is a crime to deface or alter the serial number or
any other distinguishing number or identification mark
on any handgun, rifle or shotgun, or to buy, receive, or
dispose of a defaced firearm. Possession of any firearm
that has been defaced creates a legal presumption that the
possessor committed the offense.
The presence of a firearm in a vehicle is presumptive
evidence of its possession by all persons occupying the
vehicle except if:
• the firearm is found upon the person of one of the
occupants;
• if the firearm is found in a vehicle operated for hire
by a duly licensed driver, then the presumption will not
apply to the driver, or
• the firearm found is a handgun and one of the
occupants has in his possession a valid license to have and
carry concealed.
It is unlawful to possess a bullet containing an
explosive substance designed to detonate upon impact or
possess any armor piercing ammunition with intent to
use unlawfully against another.
Note: Unless otherwise noted, the word firearm in this
digest is used in its general sense, as any rifle, shotgun, or
handgun. However, readers of the New York law should be
aware that the term “firearm” when it appears in the text
of the statutes, means only handguns and other firearms
of a size which may be concealed upon the person.
SOURCES: New York Consolidated Laws, Articles 265
and 400 of the Penal Law, Article 11 0901, 11-0929
and 11-0931 of the Environmental Conservation Code;
Article 26, Sections 396ee and 396ff; Article 39-B and
Article 39-DD of the General Business Code.
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Originally Posted by Stephen Douglass
