Carrying on private property in New York

Penal Law §265.01-dReviewed August 11, 2026

The short answer

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. James (May 18, 2026) the Second Circuit affirmed a permanent injunction against that rule as applied to private property held open to the public, such as shops and restaurants. The provision remains on the books and enforceable as to genuinely private, non-public property, and every property owner retains an independent right to exclude armed visitors under trespass law.

01The rule as written

The significance is the direction of the default. Ordinarily a licensed carrier may enter a business unless the owner objects. Section 265.01-d inverted that: absent an affirmative posting or consent, carry was barred — which in practice meant barred nearly everywhere, since almost no New York business posts a sign inviting firearms.

Section 265.01-d makes it a class E felony to possess a firearm, rifle or shotgun while entering or remaining on private property where the owner or lessee has not permitted such possession. Permission is shown by clear and conspicuous signage or by express consent.

Primary sourceN.Y. Penal Law §265.01-dRead the source

Section 265.01-d(2) exempts police and designated peace officers, qualified current and retired federal law enforcement officers under 18 U.S.C. §§926B–926C, armed security guards at their place of employment, active-duty military personnel, licensed dealers and gunsmiths acting in an official capacity, persons lawfully hunting with a permit, and authorized MTA and New York City Transit security personnel.

Primary sourceN.Y. Penal Law §265.01-d(2)Read the source

02What the courts did

The Second Circuit affirmed a preliminary injunction against the private-property provision as applied to private property open to the general public.

Primary sourceAntonyuk v. James, 120 F.4th 941 (2d Cir. Oct. 24, 2024)Read the source

The Second Circuit affirmed a permanent injunction, holding that the private-property provision, as applied to private property open to the public, is unconstitutional because the State did not carry its burden of demonstrating that the restriction falls within the nation's historical tradition of firearm regulation.

Primary sourceChristian v. James, Nos. 24-2847, 25-384 (2d Cir. May 18, 2026)Read the source

03What this means in practice

Two errors are common here, in opposite directions. The first is to say §265.01-d was struck down — it was not, and it continues to apply to genuinely private, non-public property. The second is to treat the injunction as permission: it removes a criminal statute from the picture for public-facing businesses, but it does nothing to the property owner's own right to ask an armed person to leave, which is enforced through trespass law, not the Penal Law.

The Second Circuit also did not exhaustively define what counts as 'open to the public.' The clear cases — a supermarket, a gas station, a restaurant dining room — are clear. The edges are not.

Because the injunction is drawn along the public/non-public line rather than repealing the section, the safest reading for an individual licensee is that the criminal prohibition no longer reaches ordinary retail and hospitality premises, while private homes and closed workplaces are unaffected by the injunction.

Primary sourceChristian v. James (2d Cir. 2026), construing N.Y. Penal Law §265.01-dRead the source

NoteThis is a characterization of an appellate holding, not statutory text, and the Second Circuit did not exhaustively define 'open to the public'. The clear cases — a supermarket, a petrol station, a restaurant dining room — are clear; the edges are not. For a specific setting, ask a New York attorney.

Common questions

Can a store in New York still stop me from carrying?

Yes. The Christian v. James injunction removes the criminal penalty under §265.01-d for property open to the public; it does not affect a property owner's independent right to exclude. If you are asked to leave and you do not, that is a trespass issue.

Was §265.01-d repealed?

No. It remains in the Penal Law. It is permanently enjoined only as applied to private property held open to the public. Coverage describing it as struck down in its entirety is inaccurate.

Do I need to look for a sign before entering a business?

Following the 2026 injunction, the absence of a permissive sign no longer creates criminal liability at a public-facing business. Posted prohibitions still matter, and they are enforced through trespass law.

Keep reading

Where you cannot carryWhere 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.

PenaltiesPenalties 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.

License typesNew York handgun license types, explained

New York issues distinct handgun licenses.

Next step

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