New York Gun Laws

Purchase and Possession

PURCHASE
When buying a rifle or a shotgun, no permit is required (except in New York City). When buying a handgun, a consumer must have a license to carry or posses a pistol or revolver. (See HANDGUNS- POSSESSION and CARRY) An individual person, outside New York City, who is licensed to carry or own a handgun, 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 pistols and revolvers or to remove this weapon held under this permit.

No person, firm or corporation engaged in the retail business of selling firearms including rifles, shotguns or handguns, shall sell, deliver or transfer any such gun to another person unless this new owner is provided with a locking device and a label on safe storage for this gun.

Any business that is selling firearms is required to post a sign stating in bold print: “The use of a locking device or safety lock is only one criteria of responsible firearm storage. In additional safety firearms should be stored unloaded and locked in a location that is apart from their ammunition. Also this firearm should be unattainable to children and any other unauthorized person.”

Any manufacturer of firearms that ships, transports or delivers a handgun to any customer in this state shall include in the packaging a separate sealed container that encloses: a shell casing of a bullet or projectile fired from such weapon, and any additional information that identifies such handgun.  A licensed gunsmith or dealer in firearms in this state shall, within 10 days of delivering to any person a handgun from this establishment, forward to the division of state police, the original transaction report and the sealed container enclosing the shell casing from such handgun received from the manufacturer.  See New York General Business Law Section 396.ff, referred to as CoBIS, Combined Ballistic Identification System.

Once the division of the New York State Police receives this sealed container, they shall cause to be entered in an automated electronic data-bank important data and other ballistic information significant to the identification of this shell casing and this firearm itself.

A national instant criminal background check must be conducted by firearm exhibitors before all gun sales or transfers, including rifles and shotguns at a gun show.

It is permissible for NY residents to buy or obtain rifles or shotguns in an adjoining state and to receive and transport this rifle and shotguns into the state, provided the person is otherwise eligible to own a rifle or shotgun under NY law.

POSSESSION—RIFLES AND SHOTGUNS
There is no state license needed for the ownership of a rifle or shotgun, as long as the rifle has barrel(s) under 16 inches in length and the shotgun has barrel(s) at least 18 inches long.  

Definition of a "firearm" (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches long or (c) a rifle having one or more barrels less than sixteen inches long, or (d) any weapon made from a shotgun or rifle that has an overall length of less than twenty-six inches whether by alteration, modification, or otherwise is such weapon or an assault weapon.  For the purposes of this section, the length of a barrel of a shotgun or rifle is determined by measuring the distance between the muzzle and the face of the bolt, breach, or breachlock when closed. When the shotgun or rifle is cocked; the total length of a weapon, which was made from a shogun or rifle, is the distance between the furthermost ends of the weapon measured along a line parallel to the center line of the bore.  This definition does not include an antique firearm.

Any person convicted of a felony, other serious offense (as defined in NYS Penal Law Section 265.17 and further as a will violation of an order of protection), or who has been categorized as not suitable to possess a rifle or shotgun (mentally incompetent) is illegal to possess a firearm.

Generally, anyone under the age of 18 is not allowed to own any firearm; however, a rifle or shotgun may be used by a person under 16 years of age but not under age 12, who is involved in target shooting on a range supervised by a military officer, certified instructor, or a parent, guardian or a person over the age of 18 with a written document from such parent or guardian. This person must be certified in hunter safety.  See New York Penal Law Section 265.00 "Exemptions" which exempts particular of groups of citizens from prosecution under the statutes, which regulates criminal ownership of weapons.  Subdivision 7-e allows a person under the age of twenty-one but at least fourteen years of age to own and use a gun, pistol or revolver, under specific recited conditions.

It is illegal to own 20 or more firearms as defined under NY law outside one’s home or business.   

POSSESSION—HANDGUNS
In order to possess a handgun, you must have a license. You must complete an application administered by a licensing officer of the city or county where the potential applicant resides, or is primarily employed, or where his principle place of business as a merchant or storekeeper is located. An alien may obtain a firearm license if he or she meets these specifications. 

The approval of a gun license to a person is completely at the discretion of the licensing officer. A specific and concise written document expressing the reason for the denial must be provided by the license office. A denial can only be overturned in court if the denied application is shown to be random and capricious. 

Westchester County may require the gun possession applicants to successfully complete a firearms safety course and test in addition to fulfilling the other requirements.  Other counties may also stipulate that a safety course may be required for license issuance.

A license may be granted to a potential gun owner who is of good moral character, over 21 years of age, has not been convicted of a serious offense, testifies if and when he has ever been treated for mental illness, is not subject to a protective court order and illustrates that no good cause exists for the denial of the license. The age stipulation is not applicable to persons honorably discharged from the military.

Persons between age 18 and 21 may have a handgun at an indoor or outdoor pistol range located in or on grounds owned or occupied by a duly incorporated organization created for conservation purposes or to cultivate proficiency in small arms.  A person in this same age group may also possess a handgun at a target pistol shooting competition under the advocacy of or approved by the NRA and while under immediate supervision of an individual designated in NY Penal Law Section 265.20 (7)).

The gun license application will be investigated for all entries required in this document. Fingerprinting and physical description information will also be included in this process. A copy of the applicant’s fingerprints will be sent to the FBI for a search of this applicant’s criminal records. If the FBI fails or refuses to make a fingerprint check, this will not constitute the only basis for refusal to issue this permit.

The licensing officer may, in his discretion, implement stipulations to the license, limiting the facilities where the handgun may be kept or carried. No demonstration of need to own is required to get an “on premises only,” license valid for one’s home or place of business.

An “on premises only” license authorizes a handgun owner only at the location written on the license. Therefore this handgun owner cannot take his weapon anywhere else. (It should be noted further that an “on premises only” license technically restricts the holder even to transport the handgun from its retail merchant to the location stated on the license.)

This gun license application must be completed within 6 months after presentation. If there is a delay, there must be written notification by the applicant stating the reasons. This delay could be excused for good cause only.

Once a license is issued, it is valid until it is revoked, except in New York City.  A license fee is determined by the board of supervisors in each county usually at a fixed rate.  The Division of Criminal Justice Services determines the fingerprinting fee. An additional fee is incurred for each amendment to the license. In New York City and Nassau County, the City Council and Board of Supervisors, respectively, determine and maintain the license fees without regard to the state law limitation.     

Each handgun that a person owns must be listed on the license by make, model, caliber and serial number. The only exception granted to a properly licensed handgun by another licensee or license applicant at a target range.  

The name and address submitted by a potential gun owner for a license becomes a matter of public record.

If a licensee moves his residency to another licensing jurisdiction within the state of New York, he will need to notify this change in writing within 10 days of their moving. The licensee also must inscribe a record of this change on the reverse side of his license. If the licensee fails to notify his change of residency, this may result in an inability to obtain amendments, and possible termination of the license.

New York Off Limit Statues