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Transporting a handgun in New York

Penal Law §400.00(6) · §265.45Reviewed August 11, 2026
Parts of this area are unsettled law.One or more provisions on this page are enjoined or in active litigation. Every claim below is sourced and has been through legal review — the caution is about the law itself, which is moving. Where a provision is contested, the current status is stated with the claim.
The short answer

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. A handgun left unattended in a vehicle must be unloaded and locked in a fire-, impact- and tamper-resistant depository, hidden from view; a glove compartment does not qualify.

01There is no general transport exemption

Most states have a transport provision that lets an unlicensed person move a handgun lawfully if it is unloaded and cased. New York does not. This is the assumption that produces arrests of otherwise law-abiding out-of-state visitors more than any other.

New York's exemption for handgun possession runs only to a person to whom a license has been issued under Penal Law §400.00. There is no general exemption for transporting an unloaded handgun in a locked container without a New York license.

Primary sourceN.Y. Penal Law §265.20(a)(3)Read the source

02What a premises licensee may do

Section 400.00(6) permits a premises licensee to transport the licensed handgun to another dwelling or place of business of the licensee, to a shooting range or competition, or to an area where the licensee may lawfully possess the handgun, provided the handgun is unloaded and carried in a locked container and the ammunition is carried separately.

Primary sourceN.Y. Penal Law §400.00(6)Read the source

In New York City, 38 RCNY §5-23 confines a premises licensee's handgun to the licensed address except for authorized transport to another residence or business, a shooting range or competition, an authorized hunting area, or a License Division office.

Primary source38 RCNY §5-23Read the source

03Vehicles

A firearm left unattended in a vehicle must be unloaded and locked in an appropriate safe storage depository that is fire-, impact- and tamper-resistant, and hidden from view. A glove compartment does not qualify as a safe storage depository.

Primary sourceN.Y. Penal Law §265.45(2)–(3)Read the source

04Federal FOPA is thinner protection than travelers assume

The federal peaceable journey provision protects a person transporting a lawfully possessed firearm from a place where possession is lawful to another such place, if the firearm is unloaded and neither the firearm nor the ammunition is readily accessible from the passenger compartment. In a vehicle without a separate compartment, both must be in a locked container other than the glove compartment or console.

Primary source18 U.S.C. §926ARead the source

In practice §926A functions as an affirmative defense rather than a bar to arrest, and it does not protect a journey broken by an overnight stay or other stop. New York and New York City do arrest travelers in these circumstances.

Primary source18 U.S.C. §926A, as appliedRead the source
NoteThis reflects prevailing enforcement practice rather than a controlling Second Circuit holding. It is the most consequential caution on this site: §926A does not authorize carrying, does not protect a stopover, and does not prevent an arrest. Speak to a New York attorney before planning interstate transport through New York City in reliance on it.

05A narrow exception for competitive shooters

Penal Law §265.20(a)(13) provides a narrow exemption for non-residents attending or traveling to or from an organized competitive pistol match, with the handgun unloaded in a locked container, within a forty-eight-hour window and subject to conditions.

Primary sourceN.Y. Penal Law §265.20(a)(13)Read the source
Common questions
Can I drive through New York City with a handgun from another state?

Not on another state's permit. New York does not recognize out-of-state licenses, and there is no general unloaded-and-locked exemption. Federal 18 U.S.C. §926A offers limited peaceable-journey protection for a continuous trip between two places where possession is lawful, but it is treated as a defense rather than a shield against arrest, and it does not cover stopovers.

Can a premises licensee take the handgun to the range?

Yes. Penal Law §400.00(6) permits transport to a shooting range or competition provided the handgun is unloaded, carried in a locked container, and the ammunition is carried separately. In New York City, 38 RCNY §5-23 sets the authorized destinations.

Can I leave a handgun in my car?

Only if it is unloaded and locked in a fire-, impact- and tamper-resistant storage depository, hidden from view. Penal Law §265.45(3) expressly excludes glove compartments.

Next step

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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.