New York Gun Laws
Shall-issue concealed carry. 10-round magazine limit. Assault weapon ban. Red flag law. License required for handguns and semi-automatic rifles.
Last reviewed against official sources on 2026-09-25. Official state source.
New York has highly restrictive firearm laws. Concealed carry became shall-issue after the Supreme Court's 2022 Bruen decision struck down New York's own 'proper cause' standard directly; the state responded with the Concealed Carry Improvement Act (CCIA), which still requires a 'good moral character' review, training, and character references. Assault weapons are banned and magazines are limited to 10 rounds. The state requires a license to purchase handguns and semi-automatic rifles and has a red flag law. Duty to retreat applies outside the home.
Key facts
- Concealed Carry: Shall-issue permit required (since 2022) (N.Y. Penal Law § 400.00)
- Open Carry: Prohibited
- Permit to Purchase: License required for handguns and semi-automatic rifles (N.Y. Penal Law § 400.00)
- Assault Weapon Ban: Yes — assault weapons banned by name and feature (N.Y. Penal Law § 265.00)
- Magazine Limit: 10 rounds maximum (N.Y. Penal Law § 265.02(8))
- Waiting Period: Varies by county; up to 30 days for permits
- Universal Background Check: Required for all sales and transfers (N.Y. Penal Law § 400.00)
- Red Flag Law (ERPO): Yes — Extreme Risk Protection Order (CPLR Article 63-A)
- Castle Doctrine: Yes (N.Y. Penal Law § 35.15)
- Stand Your Ground: Duty to retreat outside the home (N.Y. Penal Law § 35.15)
- Concealed Carry Reciprocity: No reciprocity — does not honor any other state's carry permit
Frequently asked questions
Do I need a permit to buy a gun in New York?
Yes for handguns and semi-automatic rifles — both require a license from your county licensing officer (21+ for semi-automatic rifles). Other rifles and shotguns need no license outside New York City.
Is New York a shall-issue or may-issue state for concealed carry?
New York became shall-issue after the Supreme Court's 2022 Bruen decision struck down its own 'proper cause' standard — the case that started the nationwide shift. The state's Concealed Carry Improvement Act still requires a 'good moral character' review, 18 hours of training, and character references.
What is the magazine limit in New York?
New York limits magazines to 10 rounds, with no grandfathering — possessing any larger magazine is a felony regardless of when it was made.
Does New York have an assault weapon ban?
Yes. New York bans assault weapons by name and feature under the SAFE Act. Some registered pre-ban weapons may be grandfathered.
Does New York have a red flag law?
Yes. New York has an Extreme Risk Protection Order law allowing family, law enforcement, and school administrators to petition for temporary firearm removal.
Does New York have stand your ground?
New York recognizes castle doctrine in the home but generally requires a duty to retreat in public if safe to do so.
Does New York recognize concealed carry permits from other states?
No. New York does not honor a concealed carry license issued by any other state — a non-resident carrying concealed here needs a New York-issued permit. Some other states, mainly those that honor every state's permit, recognize New York's own license.
Not legal advice. Laws change; verify with official sources.