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Second Amendment Rights For In New York
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This is different from many other states and cities in the country, which do not require you to have a license to carry a concealed gun. Neither New York City or New York state allows a gun to be openly carried.
Criminal possession of a firearm in New York carries penalties of up to four years in prison for a class E felony. Third Degree criminal possession of a weapon carries up to seven years in prison with a two-year presumptive minimum.
New York prohibits the possession of a “loaded” handgun outside of the home or place of business without a license. While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. Concealed carry is only legal with a New York Pistol License (NYPL).
Under the provisions of 27 CFR 178.97, non-immigrant aliens are prohibited from receiving or possessing firearms and ammunition while in the United States unless they are a citizen or national of the Visa Waiver Program (below) or meet any ONE of the below listed exceptions in section 922(y)(2) of the GCA.
Concealed carry is only legal with a New York Pistol License (NYPL). The minimum age is 21, with the exception of honorably discharged members of the military, who can be any age.
New York City has its own rules for purchasing and carrying firearms. To own a handgun, you need a valid City handgun license. To own a rifle or shotgun, you need a City-issued permit. Learn more about firearm permits on the Gun Permit page.
Currently, 46 states allow open carry in some form. The remaining four states — California, Florida, Illinois and New York (plus Washington D.C.) — generally prohibit it. Among those that allow it, laws differ: some states allow open carry without a permit, while others require a license or have local restrictions.
The state offers two different types of certificates that can restore gun rights in some cases. Those seeking to regain their firearm rights must apply for a Certificate of Good Conduct from the New York State Board of Parole or a Certificate of Relief from Disabilities is granted by the court.
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
New York prohibits the possession of a “loaded” handgun outside of the home or place of business without a license. While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. Concealed carry is only legal with a New York Pistol License (NYPL).
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Second Amendment challenges to various New York gun laws have been rejected in recent years. For example, in the 2012 case Kachalsky v.Governor Hochul signed legislation to strengthen New York's gun laws and bolster restrictions on concealed carry weapons. Our lawyers are experienced in handling virtually all legal issues pertaining to New York firearms licensing, possession of firearms, sale of firearms. 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. In Heller and McDonald, we held that the Second and. Fourteenth Amendments protect an individual right to keep and bear arms for self-defense. To access required forms, click on the drop-down menu next to your name in the upper-right-hand corner of the screen. New York has the second-strongest gun laws in the country, with one of the lowest rates of gun violence and gun ownership. Only a person age 21 or older can be granted a permit to purchase and possess a firearm.