New York Gun Laws

new york gun laws

New York Gun Laws are among the most restrictive in the US. There is no particular State Constitutional provision that provides its people the right to bear arms. However, New York Gun Laws are covered in its Civil Rights Law which states, “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.” Then, the various regulations related to New York Gun Laws can be found in the Penal Law. As of January 15, 2013 the NY Safe Act was implemented to include more restrictions to gun possession but some exemptions were introduced also.

Generally, rifles and shotguns do not require permits to be purchased. But handguns always require a permit to be purchased which also comes with the need for registration, license and permit to carry if an individual is planning on bringing it out of his home.

Permit Validity in Other States

New York Gun Laws are valid in the 19 states listed below:

  1. Alabama
  2. Alaska
  3. Arizona
  4. Idaho
  5. Indiana
  6. Iowa
  7. Kansas
  8. Kentucky
  9. Michigan
  10. Missouri
  11. Montana
  12. North Carolina
  13. Oklahoma
  14. South Dakota
  15. Tennessee
  16. Texas
  17. Utah
  18. Vermont
  19. Wisconsin

It should be remembered though that New York Gun Laws do not recognize permits issued in other states.

Key Restrictions of New York Gun Laws

Here are the key restrictions provided by Gun Laws in New York which already includes the ones introduced by the NY Safe Act:

1. The issuance of permits is subject to the discretion of the official in-charge. The information provided by each permit applicant like name and address becomes a matter of public record.

2. A home or business is only allowed to have less than 20 firearms.

3. Sale, transfer, transport or ownership of guns are not allowed in New York City. However, law enforcement officers, security guards and celebrities are exemptions to this rule.

4. All gun magazines should not exceed the capacity of 10 rounds. Handguns are only allowed to carry a maximum of seven rounds while long guns should only have a maximum of five rounds.

5. The distribution, sale and manufacture of machine guns are not allowed.

6. Assault weapons should be registered before April 15, 2014. But the possession of such still depends on the approval of the State Police official in-charge.

7. A shotgun or semi-automatic rifle that are modified or equipped with any or combinations of these are banned even in the residence of the owner: pistol handle, telescope, folding stock, bayonet lug, flash suppressor, grenade launcher, threaded barrel, muzzle compensator, muzzle brake, foregrip and thumbhole stock. A shotgun should also be at least 18 inches in barrel length and a rifle should have at least 16 inches of barrel length.

8. A merchant may refuse to sell a gun to any individual who fails the background check. By January 15, 2014, ammunition background checks will be enforced too.

9. The issuance of license to carry can only be made to persons at least 21 years of age, who has not been convicted of any serious criminal offense, discloses is he was diagnosed as mentally ill, not deemed by the court unfit to carry a gun and is subject to the requirements set by New York Gun Laws in obtaining a permit. It should be noted that some counties may require the applicant to undergo a safety course or a series of tests.

10. Persons who are under sixteen but not under 12 are allowed to possess a rifle or shotgun as long as the individual is supervised by a guardian, parent, military officer or certified instructor who possesses a hunter safety certificate.

11. A person in a vehicle transporting a gun who passes by New York is allowed as long as the firearm is unloaded and stored in a locked container other than areas that can easily be reached by the driver like the glove compartment. Moreover, the place of origin as well as the destination of the person transporting a gun should legally allow him to do such. The interruption of the travel over New York City is not allowed.

12. Coaches and members of a recognized university or college pistol team are allowed to travel with a gun as long as it is stored in a locked container and the ammunition is placed in a separate locked container not within the glove compartment or console of the vehicle. For an individual who is sanctioned to participate in a shooting contest, the similar rule is provided. Then, he is only allowed to pass through New York with his gun as long as the period of passage is within 48 hours from the competition and the event is sanctioned by NRA or IHMSA. Plus, he should possess a permit, copy of the match program and proof of entry. In addition, the transported gun should be the one used in the competition and that the person has not been convicted of felony.