New York Gun Laws: What Is Legal in NY in 2026

Last verified: October 26, 2026 against Penal Law Article 265, Penal Law § 400.00, the Second Circuit’s May 18, 2026 decision in Christian v. James, and the FY 2027 state budget announcement

Are guns legal in New York? Yes, but the New York gun laws are among the strictest in the country. The state regulates who can own a gun, which guns are banned, how you can carry one and where you can never take it, even with a license. This page explains the 2026 rules, penalties and court changes. It is general information, not legal advice.

Are guns legal in New York State?

Yes. Owning a firearm is legal for adults who are not barred by law, but you need the right license for a handgun. Penal Law § 265.01 makes possessing a firearm without lawful authority a class A misdemeanor, and a license under Penal Law § 400.00 is the usual way to have that authority.

A premises license lets you keep a handgun at home or at your business. A concealed carry license lets you carry it, subject to the limits below.

What are the gun laws in New York for getting a license?

To get a concealed carry license you must be at least 21 (unless honorably discharged from the military), have good moral character and pass a records check. The Concealed Carry Improvement Act (CCIA), which took effect September 1, 2022, added more steps.

• An in-person interview with the licensing officer.
• At least four character references.
• A list of your social media accounts from the past three years.
• Completed firearms safety training: 16 hours in a classroom, 2 hours of live fire and a written test with a score of at least 80 percent.

Under Penal Law § 400.00, the licensing officer must act on your application within six months unless it gives written notice of good cause. If you are denied, you can appeal within 90 days. Concealed carry licenses must be recertified or renewed every three years.

Are guns banned in New York? Assault weapons and magazines

Some guns are banned, not all. Penal Law § 265.00 defines an assault weapon as a semiautomatic rifle, shotgun or pistol with certain features, and possessing one is a class D felony under Penal Law § 265.02. The ban comes from the SAFE Act of 2013.

A semiautomatic rifle that accepts a detachable magazine counts as an assault weapon if it has any one listed feature, such as a folding or telescoping stock, a conspicuous protruding pistol grip, a thumbhole stock, a bayonet mount, a flash suppressor, muzzle compensator or threaded barrel.

A large capacity ammunition feeding device is one that holds, or can be readily converted to hold, more than ten rounds. Possessing one is also a class D felony under Penal Law § 265.02.

Are AR pistols and pistol braces legal in NY?

It depends on the features. The statute does not mention pistol braces at all. A semiautomatic pistol with a detachable magazine is an assault weapon if it has any listed feature, including a folding or telescoping stock, a thumbhole stock, a second handgrip, a threaded barrel, a barrel shroud or a manufactured weight of 50 ounces or more unloaded.

Many AR-style pistols have at least one of those features. For a specific model, ask a New York-licensed attorney before you buy or carry it.

Are ghost guns and 3D-printed guns legal?

No. Unserialized “ghost guns” and unfinished frames or receivers are defined in Penal Law § 265.00, and possessing them is covered by Penal Law § 265.01. The state is going further. On May 28, 2026, Governor Hochul announced that the FY 2027 budget criminalizes making 3D-printed firearms and possessing or sharing blueprints for illegal guns, and sets 3D printer safety standards that depend on regulations still to come.

Where is it illegal to carry a gun in New York?

You cannot carry in a sensitive location, license or not. Penal Law § 265.01-e makes possessing a firearm, rifle or shotgun in a sensitive location a class E felony when you know or should know the place is sensitive.

The list covers government buildings and courts, health care facilities, places of worship, libraries, zoos, public parks and playgrounds, schools and child care programs, public transit including subway stations and airports, bars and restaurants licensed to serve alcohol, cannabis consumption sites, theaters, stadiums and museums, polling places, protests and Times Square (when marked by signs).

Exceptions include police and peace officers, armed security guards on duty, active-duty military and people lawfully hunting. If you want more on where weed can be used, our weed law page covers licensed consumption sites.

Private property and the signs rule

Penal Law § 265.01-d says you cannot enter or stay on private property with a gun unless the owner clearly allows it by signs or express consent. That rule has been blocked in part. On May 18, 2026, the Second Circuit in Christian v. James affirmed an injunction against enforcing it on private property open to the public, such as stores. The State Police say they are not enforcing it for those places.

The U.S. Supreme Court also struck down Hawaii’s similar rule in Wolford v. Lopez on June 25, 2026. Still, ask before you bring a gun onto someone’s land.

Can you carry a gun in your car in New York?

Only if you follow the storage rules. The State Police say an unattended gun in a vehicle must be unloaded and locked in a fire, impact and tamper-resistant storage depository that is hidden from view. A glove compartment does not qualify, while a lockable hard-sided case or safe does.

In New York City the rules are stricter: guns must be unloaded, in a case and out of sight even when an adult stays with the vehicle (Penal Law § 265.45). For more on vehicle rules, see our driving and vehicles section.

Ammunition and safe storage rules

Ammunition sales run through licensed dealers or registered sellers. Under Penal Law § 400.03, the seller checks the buyer against the State Police database before a sale, keeps an electronic record, and the transfer must happen in person.

Safe storage is also a crime issue. Penal Law § 265.45 applies if you live with someone under 18 or someone barred from having guns, and you leave your rifle, shotgun or firearm outside your control without locking it in a safe storage depository or fitting a gun locking device. Breaking it is a class A misdemeanor.

Red flag law: extreme risk protection orders

A court can bar a person from buying or having guns if there is probable cause that the person is likely to cause serious harm to self or others. CPLR § 6342 lets a court issue a temporary extreme risk protection order, sometimes without notice to the person, before a final hearing.

Penalties for New York gun law violations

Penalties depend on the weapon, the place and your record. Under Penal Law § 70.15, a class A misdemeanor carries up to 364 days in jail. Under Penal Law § 70.00, the maximum prison term is 15 years for a class C felony, 7 years for class D and 4 years for class E, with a minimum of at least one year.

Offense	Level	Example
Criminal possession of a weapon, 4th degree (§ 265.01)	Class A misdemeanor	Possessing a firearm without a license
Weapon in a sensitive or restricted location (§§ 265.01-e, 265.01-d)	Class E felony	Carrying into a school or subway station
Criminal possession, 3rd degree (§ 265.02)	Class D felony	Assault weapon, magazine over ten rounds, three or more firearms
Criminal possession, 2nd degree (§ 265.03)	Class C felony	Loaded firearm outside your home or business, five or more firearms
Criminal possession, 1st degree (§ 265.04)	Class B felony	Ten or more firearms
Failure to safely store (§ 265.45)	Class A misdemeanor	Gun left accessible to a child in the home

New York City gun rules

New York City follows state law but adds its own licensing layer. The NYPD License Division issues handgun licenses and rifle and shotgun permits, applicants must be 21 or older, and the application process can take several months. The NYPD lists an application fee of $340.00 and a fingerprint fee of $89.75.

Timeline of key New York gun laws

• 2013: SAFE Act adds assault weapon and magazine limits.
• 2022: after NYSRPA v. Bruen, the Concealed Carry Improvement Act takes effect September 1, 2022.
• April 7, 2025: the U.S. Supreme Court denies review in Antonyuk v. James, leaving the Second Circuit ruling on the CCIA in place.
• May 18, 2026: Second Circuit decides Christian v. James: private property open to the public rule stays blocked, the public parks ban stands.
• May 28, 2026: FY 2027 budget announced with 3D-printed gun and pistol converter measures.
• June 25, 2026: Supreme Court strikes down Hawaii’s private property default rule in Wolford v. Lopez.

What should you do if you are charged or stopped?

Do not reach for the gun, stay calm and tell the officer where it is and that you have a license if you do. Do not answer questions about where you got it before you speak with a New York-licensed criminal defense attorney. Keep your license, training certificate and any receipts.

Frequently asked questions

Are guns illegal in New York?

No. Adults can own guns in New York if they follow the rules. A license is needed for pistols and revolvers, and assault weapons, magazines over ten rounds and unserialized ghost guns are restricted under Penal Law Article 265. Where you carry matters too, because sensitive locations stay off limits.

Is it illegal to have a gun in New York without a license?

For a handgun, yes. Possessing a firearm without lawful authority is a class A misdemeanor under Penal Law § 265.01, and it can become a felony if the gun is loaded outside your home or business, or if other factors apply. Check your county licensing officer for the exact rules.

Are guns allowed in New York parks?

Public parks are listed as sensitive locations under Penal Law § 265.01-e, and the Second Circuit upheld the public parks ban in Christian v. James on May 18, 2026. The court did not decide an as-applied challenge for rural parks, so do not assume that rule is settled.

Are pistol braces legal in NY?

The statute does not name pistol braces. What counts is whether the gun has a listed feature, such as a folding or telescoping stock or a threaded barrel, which can make a semiautomatic pistol an assault weapon. A New York-licensed attorney can help with a specific model.

Can you buy ammunition in New York without a background check?

Not from a seller covered by Penal Law § 400.03. Before a sale, the dealer or registered seller contacts the State Police database with the buyer’s information, and the transfer between seller and buyer must happen in person. Sellers also keep an electronic record of each sale.

Does a concealed carry license let you carry anywhere in New York?

No. A license does not override Penal Law § 265.01-e, which bars guns in sensitive locations such as schools, public transit, bars, parks, polling places and Times Square. Carrying there is a class E felony if you know or should know the place is sensitive.

What changed on this page

• October 26, 2026: first publication, checked against Penal Law Article 265, Penal Law §§ 400.00, 400.03 and 70.00, the Second Circuit opinion in Christian v. James and the Governor’s May 28, 2026 budget release. Spotted a mistake? See our corrections page and editorial policy.

If this affects you

For licensing questions, contact your county licensing officer, the New York State Police or, in New York City, the NYPD License Division. For a charge, talk to a New York-licensed criminal defense attorney. The New York State Bar Association lawyer referral service can help you find one. For more topics in this area, browse guns, knives and self-defense laws.