New York Concealed Carry: Laws And Reciprocity
by Mike V. | State Reciprocity and Restrictions
New York concealed carry laws are not overly clear. Despite the extensive restrictions, the code is not very elaborate. However, what is clear, is that New York is a may issue state. Applicants for a New York permit to carry should be 21 years old. If an applicant is under 21, they must have been honorably discharged from the armed services. Beyond that, different locales have different requirements, which includes any education components, and even where applications should be submitted. Furthermore, New York City has their own set of rules that do not govern the rest of the state, nor are state wide laws applicable within NYC. The cost for issuance of a NY state permit to carry concealed is $10. While NY does not accept any permit to CCW from another state, those with a NY state concealed carry permit can carry in 26 other states. It is highly recommended that you consult an expert before carrying within this state.
This information was last updated in .
Castle Doctrine In New York
The castle doctrine law in New York is a self-defense law that allows you to stand your ground in the face of an attack when you are in your safe territory.
So, the castle doctrine law allows the use of excessive force for self-protection as long as you are in your home of residence, and you are not the invoker or the instigator of the attack.
The law states that when a person who is in control, licensed or privileged to be in a building or dwelling place has any reason to believe that an intruder is trying to break in, then he or she can use a deadly force deemed necessary to stop such an attack.
However, in New York, you have to retreat from such an attack if you feel that it is safe to do so or when you are not in your dwelling place.
S In The Application Process To Carry A Gun
Getting a license to carry a concealed weapon begins with the completion of an application form. The form requests the name, address, and personal information about the applicant, the names of character references, and the reason why the applicant needs to carry a weapon. Along with the application, an applicant must submit a set of fingerprints that are sent to the:
A license to own and possess a gun in New York also authorizes a person to carry the weapon unless the license is restricted. Practically all licenses issued in New York are restricted unless an applicant can establish good cause why permission to carry a concealed weapon should be granted.
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New York Gun Permit Laws
New York prohibits the open carry of firearms in the state, even for gun permit holders. You cannot make use of a gun in places defined as off-limits like:
- Schools
- Government buildings
- Airports
New York prohibits the possession of assault weapons such as machine guns and semi-automatic firearms except for federally licensed individuals in the state.
Also, magazines must not contain more than ten round ammunition. Therefore the state prohibits large-capacity firearms.
Armor-piercing ammunition and explosive bullets are also unlawful in the state.
Get The Concealed Carry Training You Need
New York is strict about who receives concealed carry certification, as its reserved mainly for individuals who require a firearm for their job. It is possible to obtain this licensing, though, and going ahead with the proper training and education is an excellent first step.
Concealed Coalition can provide the training you need before applying for a concealed carry license in New York. Our trainers will provide all the essential classroom teaching, which is the first step in securing your permit in the state. Contact Concealed Coalition today to go over your gun safety educational needs.
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Plan Options In New York
- Constitutional Carry Plan available for states that don’t require permits
- Home Defense Plan options available – but not available in New Jersey, New York or Washington state
- CCW Safe metal membership card is available for all plans at an additional fee
- Challenge Coin with emergency number is available for HR218 and Ultimate Plans
New York Gun Laws By Statute
Concealed Coalition is dedicated to dispelling the myths surrounding gun ownership and promoting a culture of understanding, responsibility, and confidence. Our certified instructors are qualified across multiple states, and our online or local training classes provide convenient learning environments run by instructors who care.
Contact us today at or to discuss your concealed carry permit educational needs..
Quick Links
- Any facility or conveyance of the NY Metropolitan Transportation Authority
- Ferry cruises to Liberty Island or Ellis Island
- The Zoar Valley Multiple-Use Area outside of big/small game hunting seasons.
Never consider any list of restricted locations exhaustive for New York concealed carry. Call ahead to ask about your destinations firearms policy.
Also Check: New York State Public Arrest Records
Erie County Pistol Permit Process
The Erie County Clerks Office processes Pistol Permits for Erie County residents under terms of appropriate New York State laws. Following the completion of an application and criminal background checks, final approval or denial of a permit is the decision of an Erie County Court Judge or New York State Supreme Court Justice.
The following is the process for applying for a pistol permit:
Step #1: Take your Pistol Permit class
Firearms Purchase Permits And Registrations In New York
You need a purchase permit before you can buy handguns in New York. However, you do not need a permit for long guns.
Furthermore, all handguns purchased in the state must be registered before sales are complete. But there are no registrations for shotguns.
Your New York Pistol License will also identify your handgun in terms of the caliber, the model, the serial number, and the manufacturers name.
The permit will carry information such as if the handgun can be concealed carry by the holder, or meant for specific locations.
You can also amend your CCW permits if you purchase a new firearm, or you want to remove an existing one from the permit.
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How To Apply For A New York Pistol License
Follow these steps to obtain a pistol license
There are so many laws and regulations in New York regarding guns and licenses that obtaining a permit can be a long process. There are 59 licensing jurisdictions and each one has a slightly different procedure. We have used Erie County as an example but the process will vary with each county.
Non-ResidentsMore counties are now issuing CCW licenses to non-residents. In fact in 2013 the US Court of Appeals ruled that a non-resident was entitled to a license, though the person in question lived part time in New York.
400.00.3 New York Penal Code – Non-resident permits
Complete Your Nys Pistol Permit Application
The New York State Pistol Permit application process can be confusing and overwhelming: New York has some of the toughest laws and regulations in the US for conceal carry pistol permits. Long Island, including Nassau and Suffolk counties, are two of several counties in New York who are very restrictive in issuing conceal carry permits or licenses.
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Types Of Pistol Licenses Available
As listed in Section 400.00 2. – New York Penal Code
- Premise Dwelling Have and possess in his dwelling by a householder.
- Premise Business Have and possess in his place of business by a merchant or storekeeper.
- Bank or Express Messenger Have and carry concealed while so employed by a messenger employed by a banking institution or express company.
- Justice of The Supreme Court 1st or 2nd Judicial Dept. or Judge of NYC Civil or Criminal Court Have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York City civil court or the New York City criminal court.
- Employee Of Corrections Have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefore by such commissioner, warden, superintendent or head keeper.
- Proper Cause Have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof.
- Antique Pistols Have, possess, collect and carry antique pistols which are defined in section 400.00 subd. 2.
Protecting Yourself After Use Of Force
This hinges on your not being the aggressor, being legally allowed in that location, and having exhausted all possibility of retreat .
Firearms training is a reliable way to learn how to assess threats. Concealed Coalition has trained over a million people to become responsible, certified gun owners. Classes are available locally and online.
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About The Author: Uscca
The USCCA is a membership organization of over 615,000 responsibly armed members. The U.S. Concealed Carry Association exists to help responsible gun owners like you avoid danger, save lives & keep your family safe.Since its inception in 2003, and together with its flagship publication Concealed Carry Magazine, the USCCA has proudly supported a community of hundreds of thousands of patriots from…
What To Do Next…
Discover why more than 624,910 people trust the USCCA as their source for firearms education and training.
Possession Of Firearms In Private Vehicles
To carry firearms in your private vehicle, you must have a New York gun license. However, federal laws in interstate transportation allow the possession of an unloaded firearm through the state. In this case, the gun must not be accessible from the passenger side of the vehicle.
Private vehicles that do not have a compartment, lock the firearm away in a case but not the glove compartment of the car.
Note that an out of state license is only valid in New York for the transportation of firearms through the state if you buy the gun from a licensed dealer in New York and you are transporting it out of the state in its case where the trip is uninterrupted.
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Where Do You Think Youre Going
Even if you manage to get a license to carry that lets you carry outside the home, there are still places that are off limits to you and your trusty sidearm.
Concealed handguns are not allowed in:
- Courthouses
- Mental health facilities and
- Child care facilities.
If you have to visit any of these places, the best bet is to leave your gun locked away in your car safe hidden out of sight, so itll be waiting for you when you get back.
New York Concealed Carry License Renewal Process
Step One:
NY requires a recertification test every five years after the license is issued. This is carried out under 2013s SAFE Act, and theres no fee.
Step Two:
License holders are usually notified by letter when recertification is approaching, but the state expects people to be proactive regardless of notification.
Step Three:
Forms are available at state police stations and can be mailed in or completed online.
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Can A Retired Police Officer Carry A Gun In Nyc
Qualified law enforcement officers and retired LEOs may choose to carry under the Law Enforcement Officers Safety Act , often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. For details, check out our Federal Law Enforcement Officers Safety Act page.
Getting A Permit To Carry A Concealed Weapon In Ny
New York State now has some of the toughest gun ownership legislation in the country. The process for obtaining a license to possess or carry a rifle, shotgun, or handgun depends upon the county or city of residence of the applicant. State gun licensing laws confer a great deal of authority on local agencies in the decision-making process.
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But The Question Remains How Hard Is It To Get A Concealed Carry Permit In New York
I finally got my pistol permit earlier this year. It took me about 10 months from when I submitted the application to when I was finally issued my permit.
However, all counties in New York are different. Some of the more rural counties with pro-gun judges move a lot faster than the more populous counties with big cities. And, some counties dont really issue them at all unless one is politically connected or a retired LEO, hence the lawsuit SCOTUS is debating right now.
Filling out the application paperwork sucks. In my county, not only do you need to provide a proper cause that is unique to your situation but you need to have four character references on your application. The application must also be notarized and filled out in black ink only. Blue ink, for whatever reason, is not acceptable.
Some municipalities take it one step further in that they require all or some of your character references to be in the neighborhood that you reside. This didnt affect me because my town didnt have that restriction. But you can see how that would be problematic, especially for someone who is new to the area and doesnt know anyone yet.
As part of the application packet, you need to prove that you successfully completed a state-approved concealed carry class. Interestingly enough, there was no live-fire requirement. My class was about $75 and lasted 4 hours. It was mainly discussions about the law, the use of force, and best-concealed carry practices.
Years Too Long Supreme Court Weighs In On Concealed Carry In New York
Written by: Hailey Pooler
Introduction
Gun rights have been a hot topic throughout the United States for many years, likely since the passage of the Second Amendment to the U.S. Constitution. The Second Amendment of the U.S. Constitution states that a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Fast forwarding to today, its been thirteen years since District of Columbia v. Heller, where the Courts conservative majority declared an individual right to gun ownership and eleven years since the Court applied that ruling to the states in McDonald v. City of Chicago. Since then, the Court has not reviewed any major Second Amendment cases, regardless of the over 1,400 that have been filed to challenge existing gun regulations.
What are the current concealed carry permit regulations?
The current law in NY requires a specific stated reason from applicants that need a gun for self-defense. NY does not issue concealed carry permits out of the general desire for self-defense. Instead, applicants must show that they have proper cause to carry a concealed handgun. A state firearms licensing officer must be convinced of an actual, non-speculative, need for self-defense. This law is analogous to restrictions that run from Medieval England through the founding of the United States and up to today.
Party Arguments
Appellants Argument:
States Argument:
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More Info For Erie County Permit Holders
Registration of Handguns
When a gun is purchased from an individual, a dated bill of sale is required to add the pistol to the new owners permit. The bill of sale must show both the buyers and sellers names, addresses, permit numbers, and the counties that permits are in. The gun must be described by make, model, caliber action and serial number. Once the handgun is registered at our department, it may be picked up by the buyer, and the seller has 10 days to come to the Pistol Permit Office to have the weapon removed from his/her permit.
When a gun is purchased from a dealer, the dealer receipt is required. The receipt must show the buyers name, address, permit number, and the make, model, caliber action and serial number of the gun. The dealers name, address, New York State dealer number and county the dealership is in must also appear on the receipt. Once the handgun is registered at our department, a purchase coupon will then be given to the buyer, to allow him/her to pick up the weapon from the dealer.
There is a $3.00 fee for the registration of a handgun to a permit.
EFFECTIVE IMMEDIATELY:
As per New York State Police Pistol Permit Division, every firearms receipt must include all of the following:
Make
Action
Serial Number
IF ALL THE ABOVE INFORMATION IS NOT INCLUDED, YOUR TRANSACTION WILL NOT BE PROCESSED.
Deletion of Handguns
There is a $3.00 fee for the deletion of a handgun from a permit.
Death of a Permit Holder
Additional Information
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