Gun Laws in New York
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
New York's low score of 8 reflects the state's comprehensive gun control framework, including assault weapons bans, universal background checks, red flag laws, and restrictive carry permitting systems.
New York Gun Laws Summary
New York has established itself as one of the most restrictive states in the nation regarding firearms. The state maintains comprehensive regulations on firearms and ammunition, often exceeding federal requirements with additional restrictions and regulatory burdens.
New York is a shall-issue state for concealed carry permits following the 2022 Supreme Court decision in NYSRPA v. Bruen, though the state has imposed extensive training, background check, and character reference requirements. Local licensing officers handle permit issuance, and qualifying applicants should receive their permits, though the process remains lengthy and expensive.
Following the Bruen decision, New York enacted the Concealed Carry Improvement Act (CCIA) in July 2022, which established new requirements for concealed carry permits including 16+ hours of training, character references, social media review, and designated "sensitive locations" where carry is prohibited. The state does not recognize constitutional carry and maintains strict permitting requirements.
Permitting, Sales and Transfers
New York requires background checks for all firearm sales, including private sales. All sales must go through a licensed dealer (FFL) or be processed through the state's background check system. The state maintains the NICS Improvement Amendments Act reporting system.
Private sales between individuals require background checks, and the state prohibits most private transfers without going through an FFL. New York maintains detailed records of firearm transfers and requires permits to purchase handguns in most areas of the state.
Firearms in Public and in the Home
New York requires permits for concealed carry and has extensive restrictions on where firearms can be carried. Following the CCIA, applicants must complete 16+ hours of training, provide character references, and submit to social media review. The state designates numerous "sensitive locations" where carry is prohibited.
Open carry is generally prohibited in New York except for specific circumstances such as hunting, target shooting, or other lawful purposes with proper permits. The state maintains a may-issue system in practice despite the Bruen decision, with extensive requirements and lengthy processing times. Non-residents face additional restrictions and limited reciprocity.
Firearm, Feature and Accessory Bans
New York has comprehensive bans on semi-automatic firearms deemed "assault weapons" under the SAFE Act, including detachable magazine restrictions and feature-based prohibitions. The state limits magazine capacity to 10 rounds and bans many firearm accessories. Most NFA items are prohibited or heavily restricted. Local governments can enact additional restrictions beyond state law in many areas.
Local Laws
New York allows local governments significant authority to enact firearm regulations beyond state law. New York City, for example, maintains its own licensing system and additional restrictions. Counties and municipalities can impose their own requirements for permits, storage, and carry restrictions, creating a complex patchwork of regulations throughout the state.
2025 Gun Law Checklist
New York Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Ownership and Registration Requirements
Permit to Possess
Several states require a permit just to possess: a handgun (New York); any firearms or ammunition (Illinois).
State Firearm or Handgun Registry
State keeps a record of every firearm or handgun sold. Includes states with a permit to purchase and states that keep records of purchases.
Mandatory Firearms Training
Prior to purchasing a firearm, an individual must prove they completed the state ordered training. Often, this is part of the application process for a Permit to Purchase.
Secure Storage Requirement
Gun owners must lock up firearms in the home (or anywhere else a minor or prohibited person may have access).
Magazine Capacity Limits
State limits magazine capacity for some or all firearms.
"Assault Weapons" Ban
Magazine fed, semi-automatic, centerfire rifles cannot have other "features" (pistol grip, flash hider, etc.) or they are considered "assault weapons." New guns cannot be registered as "assault weapons." Possession is prohibited with limited exceptions.
Microstamping Law
State has a law banning the sale of a new pistol unless its firing can imprint its serial number somewhere on the cartridge case during firing. This technology is make-believe at present, but these laws will effectively ban the sale of new handguns in the state if/when they become effective
Penalties for Not Reporting a Lost or Stolen Firearm
Gun owners must report the loss or theft of firearms–usually within several days of the incident or first discovering the loss–or potentially face a criminal penalty.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
The state of New York is arguably the least firearms-friendly state in the United States of America. On the state level, there are bans on so-called assault weapons, magazine restrictions, major hurdles to the purchasing of ammunition, and so on.
The legal story does not end at the state level, however: localities, such as New York City, can and do impose laws of their own, further restricting concealed carry and gun ownership within certain parts of the state.
Because New York City is the most densely populated part of the state, this piece focuses largely on state law, but also takes into account the local laws in the Big Apple. While this piece is not intended as legal advice, it might well be useful to those hoping to get a general sense of the state of firearms laws within New York.
There are two major pieces of state-level legislation that form the basis of New York firearms and ammunition law: Article 265 of the Penal Laws regulates types of firearms and where they can be possessed, and Article 400 regulates possession and carrying, as well as regulating ammunition sales within the state. But, those two laws are only the beginning of the regulations on Second Amendment rights within New York.
Ammo Laws/Buying Ammo in New York
First, we will cover the ammo laws of the state. The important things to cover:
Buying ammunition in New York is likely the most difficult ammunition buying process to be found in the United States. Current state law mandates that all ammunition sales have to be done in-person at an FFL, and the state Attorney General has made it clear that her office intends to prosecute any and all illegal online ammunition sales to the fullest extent of the law. Thus, any ammunition you intend to ship into the state must be going to an FFL, who can carry out the transfer process.
The state outlines its current process: each ammunition sale involves a background check and a fee, and once the transaction is completed, the type and number of rounds purchased, along with the identity of the buyer, is kept in a database by the state.
The state SAFE act also bans any and all magazines of a capacity of over ten rounds, requiring existing holders of said magazines to destroy them, convert them to lower capacities, or give them to state or local law enforcement, and throws in a ban on armor-piercing ammunition as well. The same law makes it illegal to fail to report stolen firearms or ammunition and imposes fines on those who do not do so.
In effect, the only way to buy ammunition in the state is to do so at or through an FFL, and that FFL is compelled to send a detailed record to the state. As part of the transaction, a background check will be completed and a fee collected. The state, then, maintains a registry of ammunition and its owners. These are the most restrictive ammunition laws in the country.
Gun Laws/Buying Guns in New York
Next, we will do the same analysis for New York’s gun laws. Buying a firearm in the state is a similar paperwork-laden process to buying ammunition within the state. There are some firearms and accessories that are simply forbidden in the state. For instance, most NFA items such as machine guns and suppressors are forbidden in Article 265 of the penal code. Additionally, the SAFE Act defines an assault weapon by a set of mostly cosmetic characteristics, before specifically naming most common semi automatic rifles as banned.
To be able to purchase either a rifle or pistol in the state, the purchaser first has to apply to the state and fill out a form that requires much of the same information as form 4473, with the addition of a photograph, a list of the handguns you already own, and a $20 fee. This process is carried out by the state police and will take an indeterminate amount of time: it must also be renewed every three years with an additional fee. Assuming you already live in the state and own what is now considered an “assault” weapon that was grandfathered in, you’ll have to register it, and then re-register it through a similar process every few years: each of these registrations also gives the state police an opportunity to deny the application, beginning a lengthy appeal process.
With the permission to purchase a firearm in hand, you can then head to the gun store, purchase a firearm the state has approved you for, and fill out Form 4473. But, the state will do its own background check, which, according to local journalists, might take up to a month. It may well take the average person several months to successfully purchase a legal firearm in the state of New York. The state also requires background checks for private party sales, though they do cap the fees that FFL can charge for such transfers.
Once the firearm is in the owner’s possession, there are additional regulations on how it must be stored in the home: most guns have to be locked with a cable lock, and FFLs are compelled to give one out with each firearm purchased. While this whole process might seem like an unusual amount of work, it is just the beginning for folks who plan to concealed carry in the state.
In New York, localities handle the issuing of concealed carry permits, which are shall-issue. This usually means that the state more or less has to give anyone who is not an otherwise prohibited person a permit, as long as they fill out the paperwork and pass the background check. Things are a little different in NY, however.
For example, a New York City application for a concealed carry permit requires two separate checks for a total of more than $400.00, up to ten documents including where you have lived and worked for five years (and with whom), your original social security card, and, if you plan to carry at work, a letter asking the city to allow you to carry at work. There is then an in-person interview in which the police will look through your tax returns and bank statements, and will ask you about any traumatic experiences you may have had. This application will then be processed for an indeterminate period of time and can be rejected if the officers handling the case do not think you are of “good moral character.”
The state form for the same, which we linked above (it is the same form for purchasing a pistol, with additional sections for concealed carry) even asks for social media account information. It is the most personally invasive and information-intensive licensing process in the country.
In summary, should someone want to purchase and concealed carry a handgun in New York, the overall process will likely take several months. Along the way, the state will also register and keep a database of the ammunition and firearms purchased, and will enter into official state records a large amount of personal and financial information, all of which can be used to deny sales or permits.
Sales Tax on Guns/Ammo in New York
There is a general state sales tax rate of 4% in New York, though localities impose their own taxes, sometimes up to a total of just under 9%. At the moment there are no excise taxes on firearms and ammo purchases themselves, though there is a bill working through the state legislature that might impose one in the future.
More Resources
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The ATF maintains a list of all FFLs in the country, including in NY. The list should be reasonably up to date: most gun stores are type 1 or 2 FFLs.
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Despite the inhospitable legal environment, there are a number of gun ranges in NY, even in New York City itself.
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The same is true of gun stores including, interestingly, a Beretta boutique that focuses on their ultra high-end hunting shotguns.
NY Gun Forum is an active online community that has excellent, local knowledge of firearms laws, as well as friendly vendor recommendations and a place to talk to one another about the finer details of trying to follow NY gun laws’ frequent changes.