Gun laws in New York

II, § 4 provides that "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

In a 2012 ruling, the United States Court of Appeals for the Second Circuit upheld New York's law requiring gun owners who seek a concealed weapon permit to prove a special need for protection; the decision in Kachalsky v. County of Westchester, 701 F.3d 81, held that New York's laws do not violate the right to keep and bear arms.

[8][9] Statewide, New York enforces various firearm related prohibitions, many proscriptions similarly listed in the now-expired Federal Assault Weapons Ban.

Any semi-automatic rifle (with a detachable magazine) or shotgun (non-pump) with just one of these features are banned: 1) pistol grip; 2) bayonet lug; 3) telescoping or folding stock; 4) flash suppressor; 5) threaded barrel; or 6) grenade launcher.

[16] All semi-automatic versions of assault-style rifles and shotguns purchased prior to January 15, 2013 are grandfathered, but must be registered within one year of the SAFE Act passage.

[14][15] New York has enacted a red flag law, prohibits teachers from being armed, banned bump stocks, instituted a 30-day waiting period for purchasers who don't pass the background check instantly, and operates a gun buyback program.

The purchase of a handgun in New York is limited to only those individuals who hold a valid pistol permit issued by a county or major city within New York, and present to the seller a purchase document issued by the licensing authority, with the specific make, model, caliber, and serial number of the handgun indicated on the document.

These individuals may be required to fill out forms, varying in length by county, attesting to the applicant's "good character".

[31] On February 5, 2024, a lawsuit challenging New York's laws that ban non-residents from bringing and publicly carrying firearms in the state was filed.

[29] State law defines an assault weapon as:[35] In general, magazines are required to have a maximum capacity of 10 rounds.

[38] For the purposes of this section, "large capacity ammunition feeding devices" manufactured at least 50 years prior to the current date will be referred to as "antique magazines".

This exemption is the only way an ordinary citizen can still obtain assault weapons (such as G43's, SVT-40's, older AR-15's, and M1 carbines with bayonet lugs) and standard capacity magazines.

Retired police officers may also own assault weapons and standard capacity magazines if they acquired them during the course of their career, due to a carve-out in the amended SAFE Act.

Prior to Bruen, concealed-carry licenses were nearly impossible for a resident with average self-defense needs to procure as the City required a showing of extraordinary personal danger.

In response to the Supreme Court granting certiorari in New York State Rifle & Pistol Association, Inc. v. City of New York, and in an attempt to prevent a Supreme Court decision, state law was amended to allow transporting the handgun to and from a target range, home, business, or any other place one is authorized to possess such handgun, but the firearm must be unloaded and in a locked container.

[14][15][44] A person carrying a firearm without a valid permit in NYC may be charged with "criminal possession of a weapon in the second degree," a felony.

A high-profile example of the penalties associated with New York's restrictive gun laws is the 2-year prison sentence served by former New York Giants wide receiver Plaxico Burress, after pleading guilty to unlawful possession of a weapon, stemming from negligently shooting himself in the leg at an NYC nightclub with his concealed handgun, for which he did not have a valid NYC concealed carry permit.

In November 2012, then-mayor Michael Bloomberg denied a request by the New York National Guard for its members to carry service weapons to help maintain order in devastated parts of the city in the aftermath of Hurricane Sandy, calling the presence of armed service members in Brooklyn "a bad idea," and further stating, "The NYPD is the only people we want on the street with guns.

The Supreme Court ruled in favor of the association, affirming the rights of New Yorkers to obtain a carry license without first having to demonstrate a special need for one.

[48] City ordinances and New York's state laws also require medical facilities to notify the police within a specified period of time after admitting anyone with gunshot wounds.

[14][15] Since enactment of the NY SAFE Act, all grandfathered operable assault-style rifles purchased prior to January 15, 2013 must now be registered.

Contrary to handguns, N.Y. state law does not ban the open carry of shotguns or rifles, except in restricted buildings such as schools and courthouses.

"[51] One may also transport a firearm for target competition purposes, "by a person who is a member or coach of an accredited college or university target pistol team" and "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which [they are] a competitor, within 48 hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within 48 hours of such event.

[56] In New York City, only adults at least 21 years of age or older can purchase or own a firearm with a permit or license issued by the NYPD.

In June 2022, Governor Kathy Hochul (D‑NY) signed legislation to ban persons under the age of 21 from purchasing semi-automatic rifles, ban soft body armor for civilian use, and require gun owners to obtain a license before legally taking possession of any new semi-automatic rifles in the state.

Those between the ages of 18 and 21 can only purchase handguns if they are current or honorably discharged members of the armed forces or if they are law enforcement officers.

Elsewhere than in the City of New York and the counties of Nassau and Westchester, any license to carry or possess a pistol or revolver shall be in force and effect until revoked.