Independent · Citation-first · Updated as the law changesSee our sources

The firearm law library

14 entriesCited to primary sourcesLitigation status noted

Each entry opens with a short answer written to stand on its own, then works through the statute in sequence. Claims appear in bordered blocks with the citation and a link to the primary source underneath. Where a provision is enjoined, contested, or unsettled, that is stated on the page rather than buried.

Carrying

What a license lets you do, and the two rules that decide where it stops.

Penal Law §265.01-e

Where you cannot carry a firearm in New York City

New York bars carrying a firearm in twenty categories of 'sensitive location' — including government buildings, health care facilities, places of worship, schools, parks, libraries, public transit and the subway, bars, theaters and stadiums, polling places, protests, and Times Square. A valid New York carry license is not a defense.

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Penal Law §265.01-d

Carrying on private property in New York

New York's 'restricted locations' rule made it a class E felony to carry a firearm onto private property unless the owner affirmatively permitted it by signage or express consent — reversing the ordinary default. In Christian v.

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Penal Law §400.00(2) · 38 RCNY §5-23

New York handgun license types, explained

New York issues distinct handgun licenses. A premises license authorizes possession at one specified place — a dwelling or a business — and does not authorize carrying in public.

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Penal Law §400.00(6) · §265.45

Transporting a handgun in New York

New York has no general 'unloaded and locked' transport exemption for handguns — handgun possession requires a New York license. A premises licensee may transport the licensed handgun to another of the licensee's dwellings or places of business, to a shooting range or competition, or to an area where the licensee may lawfully possess it, provided the handgun is unloaded and carried in a locked container with the ammunition carried separately.

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Getting licensed

Eligibility, training, and keeping the license alive.

Owning

Purchase, storage, and the rules that apply after the license is issued.

Consequences and special cases

What goes wrong, and the categories that follow different rules.

Penal Law Article 265

Penalties for unlicensed gun possession in New York City

Carrying a loaded, unlicensed handgun on a New York City street is criminal possession of a weapon in the second degree under Penal Law §265.03(3) — a class C violent felony carrying a determinate sentence with a three-and-a-half year mandatory minimum and a fifteen-year maximum. Possessing an unlicensed handgun unloaded is criminal possession of a firearm under §265.01-b, a non-violent class E felony.

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Penal Law §265.20 · §400.00

Out-of-state permits and New York reciprocity

New York recognizes no out-of-state pistol permit or concealed carry license — there is no reciprocity statute. A handgun may be possessed in New York only under a license issued under Penal Law §400.00, and a license issued elsewhere in New York State is still not valid inside New York City without a special permit from the NYC police commissioner.

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CPLR Article 63-A

Extreme risk protection orders

New York's red flag law lets a police officer, district attorney, family or household member, school administrator, or a health care practitioner who has treated the respondent in the previous six months petition a court for an extreme risk protection order. A temporary order issues on probable cause; a final order requires clear and convincing evidence and runs up to one year.

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18 U.S.C. §926C

Retired law enforcement and LEOSA

Under the federal Law Enforcement Officers Safety Act, a qualified retired law enforcement officer who meets the statute's conditions — including at least ten years of service or separation due to a service-connected disability, separation in good standing, and current annual firearms qualification — may carry a concealed firearm, subject to the statute's limits and to state laws on where carry is prohibited. New York's sensitive-location statute separately exempts qualified retired law enforcement officers..

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A word on scope

This library covers New York State law as it applies in New York City, plus the City's own rules. It does not cover federal prosecutions, hunting regulation, dealer licensing, or the law of self-defense. It is legal information, not legal advice — for your own situation, speak with a New York–licensed attorney.

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This is legal information, not legal advice. NYC Gun Laws is an independent publication. It is not a law firm, a government agency, or affiliated with the New York City Police Department or the City of New York, and reading it does not create an attorney–client relationship. Firearm law changes, and several provisions described here are the subject of active litigation. For advice about your own situation, consult a New York–licensed attorney.