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. Violating the rule is a class E felony under Penal Law §265.01-e, and as of August 2026 no paragraph of the list is enjoined.
01What the offense actually is
This is the single most consequential thing a new licensee misunderstands. The license and the location rules are two separate systems. Passing the first does not exempt you from the second, and the list is long enough that an ordinary day in New York City routinely crosses it — a subway ride, a doctor's appointment, a drink after work, a museum, a school pickup.
A person commits criminal possession of a firearm, rifle or shotgun in a sensitive location when they possess such a weapon in or upon a listed sensitive location, and they know or reasonably should know that the location is a sensitive location. The offense is a class E felony.
Holding a valid New York carry license is not a defense to the sensitive-location offense. The license authorizes concealed carry generally; it does not authorize carry in a listed location.
02The twenty categories
Penal Law §265.01-e(2) enumerates the categories below. They are paraphrased for readability; the statute controls, and several carry internal definitions and carve-outs worth reading in full.
- (a) Government property
- Any place owned or under the control of federal, state or local government for the purpose of government administration, including courts.
- (b) Health care
- Any location providing health, behavioral health, or chemical dependency care or services.
- (c) Places of worship
- Any place of worship, except for those persons responsible for security at the place of worship.
- (d) Libraries, playgrounds, parks, zoos
- Public playgrounds, public parks, libraries and zoos. 'Public park' excludes privately held land within a public park not dedicated to public use, and the forest preserve.
- (e) Children's programs
- Programs licensed, regulated, certified, funded or approved by the Office of Children and Family Services that provide services to children, youth or young adults; legally exempt childcare providers; and childcare programs permitted by the NYC Department of Health and Mental Hygiene.
- (f) Nursery schools, preschools, summer camps
- With a carve-out preserving certain lawful activity at summer camps under §§265.20(7-c), (7-d) and (7-e).
- (g) OPWDD programs
- Programs licensed, regulated, certified, operated or funded by the Office for People With Developmental Disabilities.
- (h) OASAS programs
- Programs licensed, regulated, certified, operated or funded by the Office of Addiction Services and Supports.
- (i) OMH programs
- Programs licensed, regulated, certified, operated or funded by the Office of Mental Health.
- (j) OTDA programs
- Programs licensed, regulated, certified, operated or funded by the Office of Temporary and Disability Assistance.
- (k) Shelters
- Homeless shelters, runaway and homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, emergency shelters, and residential domestic violence programs.
- (l) DOH residential settings
- Residential settings licensed, certified, regulated, funded or operated by the Department of Health.
- (m) Educational institutions
- Buildings or grounds, owned or leased, of educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools, charter schools, BOCES, special act school districts, preschool special education programs, schools for students with disabilities, and state-operated or state-supported schools.
- (n) Public transit
- Subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation, and any facility used in connection with passenger transportation — airports, train stations, subway and rail stations, and bus terminals.
- (o) Bars and on-premises cannabis
- Establishments holding an active on-premises license under Alcoholic Beverage Control Law articles 4, 4-A, 5 or 6 where alcohol is consumed, and Cannabis Law article 4 on-premises consumption licensees.
- (p) Entertainment and sport
- Places used for performance, art, entertainment, gaming or sporting events — theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, gaming facilities and video lottery terminal facilities.
- (q) Polling places
- Any location being used as a polling place.
- (r) Permitted or protected public areas
- Any public sidewalk or public area restricted from general public access for a limited time or special event under a government permit, or subject to specific heightened law-enforcement protection — provided the area is identified by clear and conspicuous signage.
- (s) Protests and assemblies
- Any gathering of individuals to collectively express their constitutional rights to protest or assemble.
- (t) Times Square
- The area commonly known as Times Square, as determined and identified by the City of New York, provided the area is clearly and conspicuously identified with signage.
03Who is exempt
Section 265.01-e(3) exempts, among others, police officers, qualified retired law enforcement officers, active-duty military personnel, certain licensed security guards, and persons lawfully engaged in hunting.
04What the courts have done to this list
The sensitive-location scheme has been litigated continuously since it was enacted in 2022, and much of what is published about it online describes injunctions that no longer exist. As of August 2026 the position is straightforward: the list stands.
The Second Circuit vacated the district court's preliminary injunctions against the sensitive-location provisions, leaving the list — including treatment centers, parks and zoos, on-premises alcohol establishments, theaters, conference centers, banquet halls, and First Amendment gatherings — in effect.
The Times Square provision and the public transit and subway provision were both upheld.
The facial challenge to the public parks provision was rejected.
Can I carry on the subway with a New York City carry license?
No. Subway cars, rail cars, buses, ferries and the stations and terminals serving them are sensitive locations under Penal Law §265.01-e(2)(n), and a carry license is not a defense. The Second Circuit upheld the transit provision in Frey v. City of New York in September 2025.
Is Times Square really a sensitive location?
Yes. Penal Law §265.01-e(2)(t) covers the area commonly known as Times Square as determined and identified by the City of New York, provided the area is clearly and conspicuously identified with signage. The Second Circuit upheld it in Frey v. City of New York.
What is the penalty for carrying in a sensitive location?
Criminal possession of a firearm, rifle or shotgun in a sensitive location is a class E felony under Penal Law §265.01-e. It is not classified as a violent felony, so it does not carry a mandatory determinate sentence, but it is a felony conviction and it ends firearm eligibility.
Can I carry in a restaurant that serves alcohol?
Penal Law §265.01-e(2)(o) covers establishments holding an active on-premises license under the Alcoholic Beverage Control Law where alcohol is consumed. A restaurant with an on-premises liquor license falls within that category. This is a question worth putting to a New York attorney for a specific venue.
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