CCW Website 1
CCW Website 2
CCW Handbook
Nassau County CCW Handbook
Frequently Asked Questions
County Frequently Asked Questions
NYSAFE ACT
New York Statutes
Administrative Rules
New York Application Form
New York Attorney General
New York Gun Laws
State Police Guide to SAFE ACT
Public Records Exemption Form

New York is a May Issue state that does not recognize carry permits/licenses issued by other states.
Note: The New York State license is not accepted on the 5 counties of New York City if it is not validated by New York City.

The process of obtaining a carry permit in New York is long and difficult. Individuals who wish to apply for a permit shall go to the Licensing authority in the county or city where they reside to find out all the information regarding the application.

Fifty-five out of fifty-nine licensing offices in New York are issuing carry licenses through the court. The judge serves as the licensing officer while the law enforcement agencies do the criminal background check. In New York City, Nassau and Suffolk Counties, the police commissioners or sheriffs are the licensing officers.

Licenses issued by the New York City are valid up to 2 years, while licenses from Nassau, Suffolk and Westchester expire after five years. Licenses from upstate counties have lifetime validity.

Note: A new law which was passed on January 15, 2013 requires permit holders to verify the information on their permits every five years. The information includes the following: name, birthday, gender, race, home address, social security number, the firearms on possession and e-mail address. This is done to keep the information updated. If a person does not recertify his permit, he or she will receive a notice to recertify it. Failure to recertify may result to the permit being invalid and the holder will need to apply again.

Types of Pistol Permits
Section 400.00 Subd. 2 Of The New York State Penal Law
a. Premise Dwelling – possessed by a householder
b. Premise Business – possessed by an individual in his place of business.
c. Bank or Express Messenger – possessed by a messenger of a banking institution.
d. Justice of The Supreme Court 1st or 2nd Judicial Dept. or Judge of NYC Civil or Criminal Court – possessed by a judge or justice of New York court.
e. Employee of Corrections – possessed by a regular employee on a correctional facility, state prison, workhouse, county jail or juvenile detention centers.
f. Proper Cause – possessed by any individual for a proper cause
g. Antique Pistols – possessed by any individual as defined in section 400.00 Subd. 2(i)(ii)(1)(2)

From the New York State Police Frequently Asked Questions:
Question: “What section of the Penal Law authorizes the placing of restrictions on pistol permits by the issuing authority?”
Answer: “The Penal Law does not specifically authorize the placing of restrictions on pistol permits. However, court decisions have consistently supported the ability of licensing officials to impose these restrictions. Such an imposition is an administrative function of the licensing officer. Licensees in violation of these restrictions would therefore not be subject to criminal prosecution but would face action being taken by the court of issuance in the form of suspension or possible revocation of the license.”

An applicant should satisfy the following:
a. Has a good moral character
b. Has not been convicted for felony and other criminal offenses
c. Should inform the authority about any history of mental illness
d. Should be free from psychiatric disorders and other diseases that can affect his or her ability to carry a firearm safely
e. Should be a resident of any of the 5 western towns of Suffolk County namely; Babylon, Brookhaven, Huntington, Islip and Smithtown
f. Should be at least 21 years old (No age restriction for the members of the Armed Forces of the United States, National Guard of the State of New York, Air Force or Marine Corps
g. Has not been suspended from carrying firearms
h. Has not been convicted of domestic violence

The applicant shall include a photo of himself not taken more than thirty days before the submission of the application.

NY Penal Code 400
Initial or renewal application for a license to carry must be made on the licensing office of county or city of which an individual resides, employed or have his place of business.

Starting October 15, 2013, the United States Court of Appeals allows individuals who live part time in New York to purchase and carry their firearms, but it is not clear if they are also allowed to obtain carry permits. The decision of the court can be read here or you can check the “Relevant Court Case and Opinions of New York AG” section below.

Firearms are not allowed inside the courthouses and US attorney offices even for peace officers and federal officers. Counties and cities may restrict the possession of firearms on their governmental buildings.

§265.01a. Criminal possession of a weapon on school grounds.
No person is allowed to carry a rifle, shotgun or any firearm in school vehicles, school grounds, college, university and the facilities used by such for educational purposes, except for forestry lands. Violation of this section is a class E felony.

§400.00. All carry permits shall be recognized within the state, except if they are not honored in New York City unless a special permit is obtained from the police commissioner of the city.

§ 265.03. Criminal Possession of a Weapon in The Second Degree.
Criminal possession of a weapon in the second degree occurs for the following:
a. Possession of a machine gun, loaded firearm or disguised gun with the intention to use it unlawfully against a person.
b. Possession of five or more weapons
c. Possession of loaded firearms, except when in an individual’s own home or place of business.
Violation of this section is a class C felony.
Title 14. Department of Mental Hygiene
No person is allowed to carry a firearm in any facility operated or licensed by the New York Department of Mental Hygiene.

Note: United States Court of Appeals’ rule is that the Section 926A of Title 18 of the United States Code only covers those individuals traveling in a vehicle and does not include those who are transporting their unloaded firearms secured in locked containers through airport terminals by an aircraft. See the ruling of the court here.

Transporting Firearms Through New York
Individuals who are planning to travel to New York with their firearms are recommended to bring a copy of the Title 18, Part 1, Chapter 44, 926A of the United States code during the travel. Not all law enforcement officers are aware of this law. Secure the firearms in locked containers and separated the ammunition in another box. Ammunition should not be inserted in the magazines. The state of New York allows transporting within the state if the state where the individual started and the state of destination legally allows him to possess such, provided that he will not spend the night in New York or he will be charged with violation of the law and can be arrested. Stopping for food and gas may be okay.

United States Code Title 18 – Part I – Chapter 44
§ 926A. Interstate Transportation of Firearms
No person shall be prohibited by this chapter from transporting a firearm in a vehicle from a state where he is legally permitted to carry the firearm to a state where he is also legally allowed to carry. The firearm should be kept unloaded and both the firearm and the ammunition are not accessible for the passengers. It should be kept in a separate compartment or in a locked container if there is no compartment.

It is not determined whether the “No Firearm” signs in New York have the force of the law, so nationalcarryacademy.com recommends you to stay away from posted establishments.

Note: As per recommendation of the nationalcarryacademy.com, when you come into an establishment that is posted with “No Firearm” sign, give the management “No Firearms = No Money” card for them to realize that they lost your business.

The law does not oblige a concealed carrier in New York to inform immediately a police officer on contact.

Penal Code § 400.00. 8. License: exhibition and display.
Whenever carrying, an individual must always have with him or her a carry permit. It should be presented when asked by a police officer on duty.

Chapter II – Lands and Forests
Section 190. The state does not allow carrying of firearms in state parks, national forests, state WMA’s and road side rest areas.

Note: There are two different agencies in New York that are responsible in operating the parks and recreational places within the state. These are the Department of Environmental Conservation and NY Parks Recreation and Historic Preservation. Both agencies do not allow carrying of firearms on their properties except during hunting season.

Department of Environmental Conservation Regulations
Chapter II – Lands and Forests

190.7. Public Campgrounds
Carrying of a firearm on a public campground is allowed during spring and fall hunting seasons only. Lake George Battlefield Park does not allow hunting, trapping and possession of firearms at all times.

190.25. Zoar Valley Multiple Use Area
Possession and discharge of firearms, explosives and fireworks by any person shall not be allowed in the area except for the employees, state police and law enforcement officers. Discharge and possession of the same shall be allowed only during small and big game hunting seasons.

190.28. Foot Trail Easements–Adirondack Mountain Reserve
c. Prohibitions.
• No person shall be allowed to enter Adirondack Mountain Reserve trails 1 to 24 for purposes other than hiking.
• No person shall be allowed to carry a firearm on Adirondack Mountain Reserve foot trails 2, 4, 5, 7, 11, 12, 13, 14, 15, 18, 19, 20 and 21 under any circumstances.
• Individuals are allowed to carry their firearms on Trails 1, 3, 6, 8, 9, 10, 16, 17, 22, 23 and 24 during small game and big game hunting seasons which occur on October 15 to December 15 and January 15 to March 15.

Note: These are the only specific New York laws that restrict carrying of firearms. There are probably some areas controlled by the Department of Environmental Conservation that also implement the No Handgun regulations. Carriers must be cautious when entering any property operated by the Department.

New York State Office of Parks Recreation and Historic Preservation
PART 375. Prohibited Activities Section
375.1 Activities absolutely prohibited
No person shall be allowed to enter any regional park, recreation and historic preservation with a firearm in his or her possession or in a vehicle nor use such weapon for any purpose. Exemptions apply to the members of the federal, state and municipal law enforcement agencies.

The state of New York does not allow carrying of loaded firearms in vehicles without a valid New York permit. It is okay to transport a firearm within New York from a state that allows an individual to carry legally to a state which also allows carrying for that individual. The trip should not be interrupted or the individual will be charged for breaking the law. New York also considers carrying of firearms that can contain more than 10 round as illegal. When transporting a firearm through New York, it is important to use extreme caution and know all the rules of the state.

From the NRA/ILA:
It is illegal to transport a firearm for an individual unless he or she has a valid New York carry permit. Carrying of firearms during interstate travel shall be allowed provided that the firearm is unloaded and secured in a container or separated in the compartment.

Carrying of a firearm in New York requires you to have a New York carry permit. Open carrying may lead to revocation of a person’s carry permit.

§ 400.00. Licenses to Carry, Possess, Repair and Dispose of Firearms
Carry permits/licenses issued pursuant to this section shall not be transferable. The carry license issued on an individual shall be effective within the state, except if the permit is invalid in the city of New York and there is a need for a special permit from the police commissioner of New York City.

Nevertheless, a license to carry that has no special permit from the police commissioner shall be valid in the city of New York for the following conditions:
a. The firearm covered by the carry permit was purchased from a New York City licensed dealer and is currently being transported from the city while being secured in a container.
b. The firearm is being transported within the city while being secured in a container and the trip is uninterrupted.
c. The firearm is possessed by an armored car security guard that transports money in a vehicle as part of their work.
d. The firearm is carried by a retired police officer or a retired federal law enforcement officer who has obtained a license pursuant to subdivision 10 section 265.00 of this chapter. Permits not issued in New York City shall have the mark “Retired Police Officer/ Retired Federal Law Enforcement Officer”.
e. The firearm is carried by a peace officer as described in Subdivision 4, Section 2.10. If the permit is not issued by New York City, it should be marked with “New York State tax Department Officer”.

Penal Part 1
Title C – Defenses:
Article 35 – Defense of Justification

35.00. Justification; a defense.
35.05. Justification; generally.
35.10. Justification; use of physical force generally.
35.15. Justification; use of physical force in defense of a person.
35.20. Justification; use of physical force in defense of premises and in defense of a person in the course of burglary.
35.25. Justification; use of physical force to prevent or terminate larceny or criminal mischief.
35.27. Justification; use of physical force in resisting arrest prohibited.
35.30. Justification; use of physical force in making an arrest or in preventing an escape.

To know more about the laws concerning the use and possession of knives in New York, click on this link.

The state of New York allows restaurant carrying. “Restaurant carrying” means carrying a firearm in restaurants that serve alcoholic beverages. This may or may not mean that individuals are allowed to sit on the bar area of the restaurant when a firearm is in his or her possession. Nationalcarryacademy.com recommends you not to occupy the bar area because there are states that consider this act as illegal.

Some restaurants are using “No Gun” signs on their property to prohibit the possession of handguns like Friday’s and Red Lobster. When carrying a firearm, an individual should not consume alcoholic beverages because a single drink is already an offense for some states. To know more information about restaurant carrying, check the laws of the state where you reside in.

Question: “How many rounds can I put in my magazine?”
Answer: “While at a recognized range, whether you are there for recreation or for participating in shooting competitions, you may load the full ten rounds into any magazine you have. Starting on April 15, 2013, you are limited to putting 7 rounds in the magazine in all other locations.”

High Capacity Ammunition
400.00. “Large capacity ammunition feeding device” refers to any device that is capable of holding ten or more rounds of ammunition.

Stun Guns and Electric Weapons
§ 265.01 The state of New York does not allow stun devices and electric weapons.

Administrative Code 10-135
“Stun Devices and Electric Weapons Are Illegal in New York City.”

Defensive Sprays:
Section 265.20 (14) and (15). The state of New York allows possession of defensive sprays among individuals who have not been convicted of assault or felony only for self-defense purposes.

Under this section, “self-defense spray” is defined as “a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper spray or similar disabling agent.” The dealer should possess a valid license for selling defensive sprays and the residents shall purchase only from licensed dealers. Upon purchasing, they are required to complete a registration form and they are allowed to buy only one spray at a time.

• New York City on LEOSA
• New York Court Case LEOSA and United States Coast Guard

To know more about the LEOSA, visit the USA page and check the LEOSA section.

• US Court of Appeals on New York Issuance Restrictions
• US Court of Appeals on Firearms Permits for the New York Part Time Residents

There are no laws found concerning carrying of firearms on airport terminals and parking lots, but New York is known to arrest individuals who are carrying firearms while inside the New York airports. Even though you keep a firearm secured in container and have it declared to the airport personnel, you may still get arrested.

There is no set time for the validity of training in New York. When it comes to the establishment of residency, some counties claim that there is a requirement of 6 months. The minimum age required to obtain a carry permit in New York is 21 years old, and 18 years old for honorably discharged veterans. New York allows permit holders to submit a form to have their information private.

Laws on Using Firearms: Penal Code 400.00 thru 400.10
Laws on Using Deadly Force: Penal Code 35.00 thru 35.30
Laws on Using Knives: 265.00 and .265.01 – 265.04. – 265.10 – 265.15
Laws on Using Chemical and Electric Weapons: PC 265.01& 265.20 (14) (15)
Laws on Using Body Armor: PC 270.20

N.Y. Pen. Law § 265.00. NY Code – Section 265.00: Definitions
A “loaded firearm” refers to a firearm with ammunition or magazine attached to it.

State of Emergency
Article 4. Powers of Agencies

§ 40. Powers of certain state officers and agencies.
The state officers and agencies have the power to adopt regulations and orders as part of emergency plans during state of emergencies in order to protect the health and safety of the residents and effectively use the resources and facilities.

The industrial commissioner, during a state of emergency shall have the power to regulate the manufacture, sale, use, possession, transportation and purchase of explosives, firearms and fireworks.

Article 6. Closing or Restricting Use of Highways; Posting of Property
Section 80. Definitions.
Under this section, the following terms are used and described:
• “Highway” refers to private and public streets, highway and places used for travel.
• “Commissioner” refers to the individual in-charge of transportation.

§ 81. Petition to close or restrict use of travel upon highways or to post property.
The following have the right to restrict the use of highways during a proclaimed state of emergency:
• Agencies of the United States
• State agencies
• Governing officials of a political subdivision in the state of New York
• Any individual, corporation or organization that works with the operation of a public utility by using real property for the defense effort by the state of New York.

Note: During a state of emergency, the federal law may apply to the state if they are receiving financial assistance from the federal government. To know more about the federal laws that apply during state of emergencies, check the US Code 42-5207.

Penal Code, Part 4 title W, § 400.00.
The minimum age requirement to carry and transport an unloaded firearm in a vehicle without the need for any type of permit is 21 years old. Other states require individuals to have Identification Cards and firearms registration.

Note: Some states are restrictive when it comes to the possession and transportation of firearms that they only allow doing so to and from the gun shops, repair shops, shooting range, and own property like house and place of business. Other states do not have restriction.

To know more about the laws concerning the possession and transportation of handguns, check the laws that apply to your state. Also see the “Traveling in a Vehicle with a Firearm without a New Jersey Permit” section above for more details on transportation of firearms.

4/12/15 – Initial page created.