Eligibility Requirements for Gun Ownership
New York follows both the federal prohibitions and its own for restricting gun ownership. Examples of people who can’t own guns in the state are these:
- People not of good moral character
- Convicts of a felony or “serious offense”
- People who have had a handgun license revoked
- People who have renounced US citizenship
Age Requirements for Gun Ownership and Purchase
The minimum age to buy a gun from licensed dealers in New York is 21 (for handguns and semi-automatic rifles) and 18 for shotguns and other rifles.
The minimum age to possess (not buy) handguns and semi-automatic rifles in the state is also 21. For possession of shotguns and other rifles, however, it’s 16.
Background Check Process
All gun sales in New York require a background check. This applies whether they’re sales from licensed dealers or private (non-dealer) sellers.
If the gun being purchased is a handgun or semi-automatic rifle, this actually leads to two background checks. That’s because buyers of those guns need a special license to purchase them in the state.
The process of getting either of those licenses involves yet another background check.
How to Sell a Gun in New York
Private or non-dealer gun sales are only allowed in New York if processed by a licensed dealer. The dealer will run the mandatory background check on your buyer.
If the buyer passes the check, the sale can proceed.
Types of Firearms Regulated in New York
New York State regulates assault weapons, machine guns, ghost guns, rapid-fire modification devices, and most large-capacity magazines that hold more than 10 rounds of ammo.
Under N.Y. Penal Law § 265.00, examples of assault weapons include these:
- Semi-automatic rifles that can take detachable mags and with folding stocks
- Semi-automatic shotguns with thumbhole stocks
- Semi-automatic pistols that can take detachable mags and with telescoping stocks
Open Carry Regulations
Open carry of “loaded” handguns, short-barreled shotguns, short-barreled rifles, and (loaded or unloaded) assault weapons is illegal in New York outside of your home or place of business.
Note that N.Y. Penal Law § 265.00(15) defines “loaded firearm” to include guns that don’t actually have ammunition in them, if the person carrying them is also carrying ammo that can be discharged by the firearms themselves.
Note too that New York doesn’t issue open-carry licenses for handguns. Open carry of long guns is allowed, however.
Concealed Carry Laws
Concealed carry of “loaded” short-barreled shotguns, short-barreled rifles, and (loaded or unloaded) assault weapons is illegal in New York outside of your home or place of business. Again, see the previous section on how the state defines “loaded firearm.”
For concealed carry of handguns, you need a CCW license. The license is acquired from the appropriate authority in each county or area and lasts 3 years.
New York CCW Reciprocity
New York has reciprocity with 26 states. These include Maine, Vermont, New Hampshire, Ohio, West Virginia, Indiana, and Kentucky.
Firearm Registration Guidelines
New York requires registration of assault weapons. The application can be found here. When finished, submit it by clicking on the “Submit” button on the lower right.
Handguns don’t technically need registration in the state, but are identified in the handgun license owners need to get.
Red Flag Laws
New York has a red flag law or extreme risk protection order (ERPO). It can be found in N.Y. Civil Practice Law & Rules Law § 6340.
Under the law, some people can file a petition to a judge that someone should relinquish their firearms and not obtain any more for a year because they pose a danger to themselves or others.
New York Gun Laws in Car
The open carry and concealed carry laws we mentioned above apply here. It’s also prohibited to:
- Leave a loaded firearm in a vehicle if it’s not in a safe container that’s out of sight from outside of the vehicle.
- Have a loaded long gun in or on a vehicle except in certain hunting scenarios.
New York Gun Storage Laws
New York has a safe storage gun law in New York Penal Law § 265.45. It applies if the gun owner:
- Lives with someone under 18 years old.
- Lives with someone he or she knows or has reason to know is prohibited from gun possession.
- Knows or has reason to know that a person under 16 years old is likely to get access to the gun.
In these situations, the state law requires unused or unsupervised guns to have a trigger lock or be locked in a safe storage depository.
A “safe storage depository” is defined as a container that can’t be unlocked without a key or combination lock.
New York Self Defense Laws
New York allows a person to use deadly force in certain self-defense situations. These are outlined by New York Penal Law Article 35.
Here are examples of crimes where you may claim self-defense as justification for using a firearm:
- Arson
- Burglary
- Kidnapping
- Rape
- Robbery
Recent Legislative Changes in New York Gun Laws
The latest change to New York’s gun laws is the signing of NY AB 10503. It was signed by Governor Kathy Hochul on June 5, 2022.
The bill raised the minimum age to buy a semi-automatic rifle to 21 and made a license necessary for new semi-automatic rifle purchases.