New York Gun Laws 2026
Complete guide to firearms laws in New York.
Last updated: 2026-03-14
Quick Reference
- Permit to Purchase
- Permit required for handguns; license for semi-auto rifles
- Background Check
- Universal background checks for all sales
- Waiting Period
- None
- Open Carry
- Prohibited
- Concealed Carry
- Permit Required
- Assault Weapon Ban
- Yes
- Magazine Limit
- 10 rounds
- Red Flag Law
- Yes
Complete Guide
Purchasing a Firearm in New York
New York requires permit required for handguns; license for semi-auto rifles to purchase firearms. Buyers must be at least 18 years old for long guns (rifles and shotguns) and 21 for handguns when purchasing from a licensed dealer, in accordance with federal law. All buyers must be able to pass a background check and must not be a prohibited person under federal or state law.
New York requires background checks for all firearm sales, including private transactions between individuals. This universal background check requirement means that even sales at gun shows between private parties must go through a licensed dealer or state-run system. This is one of the more comprehensive background check requirements in the country.
New York does not impose a waiting period on firearm purchases. Once the background check is completed and approved, the buyer may take immediate possession of the firearm. This applies to both handguns and long guns purchased through licensed dealers.
Concealed Carry in New York
New York has a permit-based concealed carry system. New York requires a concealed carry permit or license to carry a concealed handgun in public. The state operates a shall-issue system, meaning the issuing authority must grant the permit if the applicant meets all legal requirements. There is no discretionary denial. Requirements typically include minimum age, background check, and in some cases a firearms safety training course.
Concealed carry permit holders (where applicable) should be aware of restricted locations where carry is prohibited regardless of permit status. These typically include federal buildings, courthouses, schools and school zones, polling places on election day, and any private property where firearms are prohibited by the owner. Posted signage requirements vary by state — in New York, always look for posted signs at building entrances.
Open Carry Laws
Open carry of firearms is generally restricted or prohibited in New York. This means carrying a firearm in a visible manner in public is not permitted without specific authorization. Concealed carry with a valid permit remains the primary legal method for carrying a firearm in public.
Assault Weapons and Magazine Restrictions
New York has enacted an assault weapons ban. Certain semi-automatic firearms with specific features are classified as assault weapons and are prohibited from sale, transfer, and in some cases possession. The specific definition of "assault weapon" varies — generally it includes semi-automatic rifles and pistols with detachable magazines and one or more military-style features such as a pistol grip, folding stock, or threaded barrel. Firearms lawfully owned before the ban may be grandfathered depending on the state's specific law.
New York limits magazine capacity to 10 rounds. Magazines that can hold more than 10 rounds of ammunition are prohibited from sale and, in some cases, possession. Magazines lawfully owned before the restriction took effect may be grandfathered. This applies to both handgun and rifle magazines.
Red Flag Law
New York has enacted a red flag law, also known as an Extreme Risk Protection Order (ERPO) law. This allows family members, law enforcement, or in some states other designated individuals to petition a court to temporarily remove firearms from a person who is deemed to be a danger to themselves or others. The process involves a hearing, and the subject has the right to contest the order. If granted, firearms are temporarily confiscated and the individual is prohibited from purchasing new firearms for the duration of the order, typically 6-12 months.
Gun Show Regulations in New York
Gun shows in New York follow the same laws that apply to all firearm sales. Licensed dealers (FFLs) at gun shows must conduct background checks on all purchases, just as they would at their retail location. All sales at gun shows, including private sales between individuals, require a background check under state law. Gun shows typically require all firearms brought in for sale to be unloaded and secured with cable ties or similar safety devices. Individual show promoters may set additional rules.
FFL Transfer Rules
When purchasing a firearm online, the firearm must be shipped to a Federal Firearms Licensee (FFL) in New York for the transfer. The buyer then completes the standard Form 4473 and background check at the FFL's location. FFL transfer fees in New York typically range from $20 to $75 per firearm. Use our FFL dealer directory to find transfer-friendly dealers near you.
Key Considerations for New York Residents
New York maintains a permit-based system for concealed carry, balancing Second Amendment rights with regulatory oversight. Gun owners should stay informed of any legislative changes, as firearms laws are frequently updated. The information on this page reflects the law as of 2026, but laws can change at any time. Always consult the full text of current state statutes or a licensed attorney in New York before making legal decisions based on this guide.
For more information on firearms in New York, visit our FFL dealer directory for New York, browse upcoming gun shows in New York, or check the concealed carry reciprocity map to see which states honor New York's carry permits.
Key Statutes & Citations
- N.Y. Penal Law § 265.00 — Definitions
- N.Y. Penal Law § 265.01-b — Criminal possession of a weapon in the second degree
- N.Y. Penal Law § 400.00 — Licenses to carry, possess, repair and dispose of firearms
- N.Y. Gen. Bus. Law § 898 — Safe Storage of Rifles, Shotguns, and Firearms
- N.Y. Crim. Proc. Law § 530.14 — Mandatory Stay Away Orders of Protection
What Changed in 2026
Legislative Landscape
Permits & Licensing Details
New York requires a permit to possess and carry handguns, as well as a license to possess semi-automatic rifles. The application process involves an extensive background check, firearms safety training, and the payment of fees. Permits are valid for 5 years and must be renewed. Non-residents may apply for a limited carry permit, but the requirements are more stringent.
Carrying in a Vehicle
In New York, it is generally unlawful to carry a loaded firearm in a vehicle, whether handgun or long gun, without a valid permit. Unloaded firearms may be transported in a vehicle, but must be in a locked container. Permits are required for both concealed and open carry of handguns in a vehicle.
No-Carry Zones
New York prohibits the possession of firearms in a number of sensitive locations, even for those with a valid carry permit. These include schools, government buildings, polling places, hospitals, places of worship, and establishments that serve alcohol for consumption on the premises.
Shipping & FFL Transfers
Firearms shipped into New York from out of state must be transferred through a licensed firearms dealer, who will conduct a background check on the recipient. There may be additional state-specific fees or taxes associated with the transfer, beyond the standard federal requirements.
Revision History
- 2026-03-14 — Comprehensive content update: added statute citations, vehicle carry rules, no-carry zones, permit details, buying rules by firearm type, and shipping/transfer notes.
Concealed Carry Reciprocity
New York honors concealed carry permits from 0 states.
Reciprocity agreements change frequently. Verify current recognition with your state attorney general before traveling with a firearm.
Full reciprocity map →Frequently Asked Questions
Do I need a permit to buy a gun in New York?
Yes. New York requires: Permit required for handguns; license for semi-auto rifles.
Is New York a permitless carry state?
No. New York requires a concealed carry permit or license to carry concealed in public.
What is the waiting period for buying a gun in New York?
New York has no waiting period. Once the background check is approved, the buyer may take immediate possession.
Can I openly carry a firearm in New York?
Prohibited
Does New York have a red flag law?
Yes. New York has an Extreme Risk Protection Order (red flag) law that allows courts to temporarily remove firearms from individuals deemed a danger.
Does New York ban assault weapons or limit magazine capacity?
Yes. New York has an assault weapons ban. Magazine capacity is limited to 10 rounds.