NRA / ILA
Firearms Laws
for
A
synopsis
of
stAte
lAws
on
purchAse
,
possession
And
cArrying
of
fireArms
.
Compiled by:
NRA-Institute for Legislative Action11250 Waples Mill Road Fairfax, Virginia 22030 (800) 392-8683www.nraila.org
N
ew
Y
ork
(As o February 2008)
QUICK REFERENCE CHARTRies andShotguns HandgunsPermit to Purchase No* YesRegistration o Firearms No* YesLicensing o Owners No* YesPermit to Carry No* Yes* Except in New York City STATE CONSTITUTIONAL PROVISIONNone. However, Article 2, Section 4 o the New York Civil Rights Law provides: “A well regulated militia beingnecessary to the security o a ree state, the right o thepeople to keep and bear arms cannot be inringed.”PURCHASENo permit is required or the purchase o a rie orshotgun (except in New York City). A license to carry or posses a pistol or revolver isrequired to purchase a handgun. (See HANDGUNS-POSSESSION and CARRY) Elsewhere than the City o New York, a person licensed to carry or possess a pistol orrevolver may apply at any time to the licensing ofcer inthe county o their residence or amendment o his or herlicense to include one or more such handguns or to cancela handgun held under the license.No person, frm or corporation engaged in the retailbusiness o selling ries, shotguns or handguns, shall sell,deliver or transer any such gun to another person unlessthe transeree is provided with a gun locking device and alabel on sae storage.Any business selling frearms must post a sign where thefrearms are displayed or sold stating in bold print: “Theuse o a locking device or saety lock is only one aspect o responsible frearm storage. For increased saety frearmsshould be stored unloaded and locked in a location that isboth separate rom their ammunition and inaccessible tochildren and any other unauthorized person.”Any manuacturer that ships, transports or deliversa handgun to any person in this state shall include inthe container a separate sealed container that encloses: ashell casing o a bullet or projectile discharged rom suchhandgun, and any additional inormation that identifessuch handgun. A gunsmith or dealer in frearms licensedin this state shall, within ten days o delivering to any person a handgun received by such gunsmith or dealer,orward to the division o state police, along with theoriginal transaction report, the sealed container enclosingthe shell casing rom such handgun received rom themanuacturer.Upon receipt o the sealed container, the divisiono state police shall cause to be entered in an automatedelectronic data-bank pertinent data and other ballisticinormation relevant to identifcation o the shell casingand to the handgun rom which it was discharged. All frearm exhibitors must conduct a national instantcriminal background check prior to all frearm sales ortransers, including sales or transers o ries or shotgunsat a gun show.It is lawul or NY residents to purchase or obtainries or shotguns in a contiguous state and to receive andtransport said rie and shotguns into the state, providedthe person is otherwise eligible to possess a rie or shotgununder NY law.POSSESSION—RIFLES AND SHOTGUNSThere is no state license requirement or the possessiono a rie or shotgun, so long as the rie has barrel(s) atleast 16 inches in length and the shotgun has barrel(s) atleast 18 inches in length.It is unlawul or any person convicted o a elony,other serious oense, or who been certifed as not suitableto possess a rie or shotgun (mentally incompetent) topossess a frearm.Generally, it is unlawul or anyone under the ageo 16 to possess any frearm; however, a rie or shotgunmay be possessed by a person between 12 and 16 whois engaged in target shooting on a range supervised by amilitary ofcer, certifed instructor, or a parent, guardianor a person over the age o eighteen designated in writingby such parent or guardian provided the adult has a huntersaety certifcate.It is unlawul to possess 20 or more frearms as defnedunder NY law outside one’s home or business.POSSESSION—HANDGUNSA license is needed to possess a handgun in one’s
home or place o business. Application is made to thelicensing ofcer o the city or county where the applicantresides, is principally employed, or where his principalplace o business as a merchant or storekeeper is located. An alien may obtain a pistol license i he or she meetsthese requirements. The determination whether togrant the license is completely within the discretion o the licensing ofcer. However, the licensing ofcer muststate specifcally and concisely in writing the reasons ora denial. A denial can only be overturned in court i thedenial is shown to be arbitrary and capricious. Westchester County may require the applicant tosuccessully complete a frearms saety course and testin addition to meeting the other requirements. Othercounties also require a saety course or license issuance.A license may be granted to an applicant who is o good moral character, who is over 21 years o age, whohas not been convicted o a serious oense, who statesi and when he has ever been treated or mental illness, who is not subject to a protective court order and to whom no good cause exists or the denial o the license.The age requirement shall not apply to persons honorably discharged rom the military. (Persons between age 18 and21 may possess a handgun at an indoor or outdoor pistolrange located in or on premises owned or occupied by aduly incorporated organization organized or conservationpurposes or to oster profciency in small arms. A personbetween the ages o 18 and 21 may also possess a handgunat a target pistol shooting competition under the auspiceso or approved by the NRA and while under immediatesupervision).An investigation will be conducted regarding allstatements required in the application. This includestaking the fngerprints and physical descriptive data o theapplicant. One copy o the fngerprints will be orwardedto the FBI or a search o the applicant’s criminal records.The ailure or reusal o the FBI to make the fngerprintcheck shall not constitute the sole basis or reusal to issuea permit.The licensing ofcer may, in his discretion, addrestrictions to the license, limiting the places where thehandgun may be kept or carried. No demonstration o need to possess is required to obtain an “on premisesonly,” license valid or one’s home or place o business. A demonstration o need must be shown, however, or alicense not restricted to one o those locations.An “on premises only” license authorizes the possessiono a handgun only at the location written on the license.It does not authorize the holder to take such handgun toany other place. (It should be noted urther that an “onpremises only” license technically does not authorize theholder even to transport the handgun rom its place o purchase to the location stated on the license.)Applications or licenses must be acted upon within 6months ater presentment. I there is a delay, there mustbe written notice to the applicant stating the reasons.Such delay may be excused or good cause only.I issued, a license is valid until revoked, except inNew York City where a license shall expire not more than3 years ater the date o issuance, and in Nassau, Suolk and Westchester Counties where a license shall expire notmore than 5 years ater the date o issuance.A license ee is fxed by the board o supervisors ineach county, with a $10.00 limit prescribed by statelaw. The Division o Criminal Justice Services sets thefngerprinting ee. The ee or each amendment to thelicense is $3.00 ($5.00 in Suolk County). In New York City and Nassau County, the City Council and Boardo Supervisors, respectively, set the license ees withoutregard to the state law limitation.Each handgun possessed must be listed on the licenseby make, model, caliber and serial number. The only exception is possession o a properly licensed handgun by another licensee or license applicant at a target range.The name and address submitted by an applicant toobtain the license becomes a matter o public record.A licensee who moves his residence to another licensing jurisdiction within the state shall provide notifcation o the change in writing within ten days ater such changeoccurs, and a record o such change shall be inscribed by such licensee on the reverse side o his license. Failure tonotiy o the change o residence may result in an inability to obtain amendments, and possible revocation o thelicense. CARRY A license to possess a handgun serves also as a licenseto carry unless restricted.A license to carry or possess a pistol or revolver, nototherwise limited as to place or time o possession, shallbe eective throughout the state, except that the licenseshall not be valid within the city o New York unless aspecial permit granting validity is issued by the policecommissioner o that city.An applicant or a license to carry outside the homemust be required to show, in addition to the requirementor possession, that proper cause exists or the issuance o a carry license, including, or example, target shooting,hunting, or sel-deense.The license can be amended to include one or moreadditional or dierent handguns. The licensee is requiredto carry the license on his person at all times when carryinga handgun.A loaded handgun may be carried in a vehicle by a properly licensed individual. (Loaded means a frearm with ammunition loaded in magazine or chamber or any frearm which is possessed by one who at the same timepossesses a quantity o ammunition which may be used todischarge such a frearm.) Possession o any loaded rie orshotgun in a vehicle is illegal.NON-RESIDENTSIt is unlawul or any person to carry, possess ortransport a handgun in or through the state unless hehas a valid New York license. (A provision o ederal law provides a deense to state or local laws which wouldprohibit the passage o persons with frearms in interstatetravel i the person is traveling rom any place where hemay lawully possess and transport a frearm to any otherplace where he may lawully possess and transport suchfrearm and the frearm is unloaded and in the trunk. Invehicles without a trunk, the unloaded frearm shall be ina locked container other than the glove compartment orconsole).A member or coach o an accredited college oruniversity target pistol team may transport a handguninto or through New York to participate in a collegiate,Olympic or target pistol shooting competition provided
that the handgun is unloaded and carried in a lockedcarrying case and the ammunition is carried in a separatelocked container.Non-resident target shooters may enter or pass throughNew York State with handguns or the purposes o any NRA approved competition or IHMSA sanctioned match, within 48 hours o the competition, i the competitor hasin his possession a copy o the match program, proo o entry and a pistol license rom his state o residence. Thehandgun must be unloaded and transported in a lockedopaque container. This provision does not apply in NY cities not wholly contained within a single county or topeople with elony convictions.Possession o frearms by a person who is a nonresidento this state is lawul while attending or traveling to orrom an organized convention or exhibition approved by the NRA, and in which the nonresident is a registeredparticipant within orty-eight hours o such event,provided that the nonresident has not been previously convicted o a elony and urther provided that thefrearms are transported unloaded in a locked opaquecontainer together with a copy o the convention orexhibition program, convention or exhibition schedule orconvention or exhibition registration card. This provisiondoes not apply in NY cities not wholly contained withina single county.A non-immigrant alien may possess a rie or shotgunor use while hunting provided he has a valid huntinglicense issued by New York State and an approved gunimport orm rom the BATFE. ANTIQUESThe New York defnition o a frearm does not includean antique frearm. An antique frearm is any unloadedmuzzle loading pistol or revolver with a matchlock,intlock, percussion cap, or similar type o ignitionsystem, or a pistol or revolver that uses fxed cartridgesthat are no longer available in the ordinary channels o commercial trade. A license is not required to possess,collect or carry an unloaded antique frearm.However, a license is required to possess, collect andcarry antique pistols. The licensing statute defnes anantique pistol as: any single shot, muzzle loading pistol with a matchlock, intlock, percussion cap, or similartype o ignition system manuactured in or beore l898, which is not designed or using rim-fre or conventionalcenter-fre fxed ammunition; and any replica i suchreplica is not designed or redesigned or using rim-freor conventional center-fre fxed ammunition, or usesrim-fre or conventional center-fre fxed ammunition which is no longer manuactured in the United States and which is not readily available in the ordinary channels o commercial trade. To the extent that an “antique pistol” isnot also an “antique frearm,” a license would be requiredor lawul possession.NY Law has interpreted this to mean antique ries,shotguns, handguns, and replicas thereo, are generally exempt rom the above restrictions and can be bought andpossessed without a permit. (Persons who shoot muzzle-loading handguns must be properly licensed.) However,to all within the exemption, antique handguns must beunloaded and possessed without the materials requiredor loading.MACHINE GUNSIt is a elony or any person to manuacture, transportor dispose o a machine gun. It is a elony to buy, receive,dispose or conceal a machine gun that has been deacedor the purpose o concealment.The presence in any room, dwelling, structure orvehicle o any machine gun is presumptive evidence o unlawul possession by all persons occupying the place where the machine gun is ound.A machine gun is defned as any weapon rom which anumber o shots or bullets may be rapidly or automatically discharged rom a magazine with one continuous pull o the trigger and includes a submachine gun. ASSAULT WEAPONSIt shall be unlawul to possess any “assault weapon”or “large capacity ammunition eeding device.” So calledassault weapons lawully possessed prior to September14, 1994 and large capacity ammunition eeding devicesmanuactured prior to such date can continue to belawully possessed..“Assault weapon” is defned as:
A semiautomatic rie that has an ability to accept a detachablemagazine and has at least two o the ollowing characteristics:• a olding or telescoping stock;• a pistol grip that protrudes conspicuously beneath the ac-tion o the weapon;• a bayonet mount;• a ash suppressor or threaded barrel designed to accommo-date a ash suppressor;• a grenade launcher.• A semiautomatic shotgun that has at least two o the ollowingcharacteristics:• a olding or telescoping stock;• a pistol grip that protrudes conspicuously beneath the ac-tion o the weapon;• a fxed magazine capacity in excess o fve rounds;• an ability to accept a detachable magazine.• A semiautomatic pistol that has an ability to accept a detach-able magazine and has at least two o the ollowing characteristics:• an ammunition magazine that attaches to the pistol out-side o the pistol grip;• a threaded barrel capable o accepting a barrel extender,ash suppressor, orward handgrip, or silencer;• shroud that is attached to, or partially or completely en-circles, the barrel and that permits the shooter to hold the frearm with the nontrigger hand without being burned;• manuactured weight o fty ounces or more when thepistol is unloaded.• A semiautomatic version o an automatic rie, shotgun orfrearm.• Any o the weapons, or unctioning rames or receivers o such weapons, or copies or duplicates o such weapons, in any caliber,known as:• Norinco, Mitchell, and Poly Technologies Avtomat Kalash-nikovs (All Models);• Action Arms Israeli Military Industries UZI and Galil;• Beretta Ar70 (SC-70);• Colt AR-15;• Fabrique National FN/FAL, FN/LAR, and FNC;
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New York State Gun Laws
A synopsis of New York State laws on purchase,
possession and carrying of firearms, by the NRA-Institute for Legislative Action
possession and carrying of firearms, by the NRA-Institute for Legislative Action
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