New York concealed carry laws and reciprocity
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Quick answers
- Does New York have permitless (constitutional) carry?
- No. New York does not allow permitless carry; a carry permit is generally required. Carrying a handgun outside the home requires a New York concealed carry license; possessing any firearm without a license or exemption is criminal possession of a firearm, a class E felony (Penal Law 265.01-b). (Verified Oct 18, 2026.)
- Does New York honor out-of-state concealed carry permits?
- No. New York does not honor concealed carry permits issued by other states. New York's licensee exemption from its weapon-possession offenses covers only licenses issued under Penal Law 400.00 or 400.01, and no provision recognizes other states' carry permits; a license is not valid in New York City without an NYPD special permit. (Verified Oct 18, 2026.)
- Do I have to tell police I'm carrying a gun in New York?
- When asked. In New York you must disclose that you are carrying, or show your permit, when an officer asks. A licensee carrying a pistol or revolver must have the license on his or her person and exhibit it for inspection upon demand of a police officer or authorized peace officer (Penal Law 400.00(8)). (Verified Oct 18, 2026.)
- Can I carry a loaded handgun in my car in New York?
- Only with a permit. In New York a loaded handgun in a vehicle requires a carry permit. A handgun may be carried only under a New York license; a firearm left unattended in a vehicle must be unloaded and locked in a fire-, impact- and tamper-resistant container out of sight (glove boxes do not qualify), and New York City has stricter rules. (Verified Oct 18, 2026.)
Out-of-state permits
NoneNew York does not honor out-of-state permits. New York's licensee exemption from its weapon-possession offenses covers only licenses issued under Penal Law 400.00 or 400.01, and no provision recognizes other states' carry permits; a license is not valid in New York City without an NYPD special permit.
At a traffic stop
Duty to inform police
Must disclose when askedA licensee carrying a pistol or revolver must have the license on his or her person and exhibit it for inspection upon demand of a police officer or authorized peace officer (Penal Law 400.00(8)).
Loaded handgun in a vehicle
Permit requiredA handgun may be carried only under a New York license; a firearm left unattended in a vehicle must be unloaded and locked in a fire-, impact- and tamper-resistant container out of sight (glove boxes do not qualify), and New York City has stricter rules.
Carrying
Permitless carry
No, permit requiredCarrying a handgun outside the home requires a New York concealed carry license; possessing any firearm without a license or exemption is criminal possession of a firearm, a class E felony (Penal Law 265.01-b).
Permit issuance
May issueA license may be issued only to applicants 21 or older (with veteran exceptions) whom the licensing officer finds to be of 'good moral character,' after an in-person interview, character references and 16 hours of classroom plus 2 hours of live-fire training; the officer must grant or deny in writing.
Non-resident permits
YesThe State says New York law does not require residency or in-state employment to apply for a firearm license and licensing officers may accept nonresident applications, evaluated under the same standards.
Open carry
ProhibitedNew York issues carry licenses only to 'have and carry concealed' (Penal Law 400.00(2)(f)); no license or statute authorizes open carry of a handgun.
Vehicles
Places
No-gun signs carry force of law
VariesPenal Law 265.01-d makes it a class E felony to possess a firearm, rifle or shotgun on private property where the person knows or should know the owner or lessee has not permitted it by clear and conspicuous signage or express consent, so on private property not open to the public carrying is barred by default. The state's concealed-carry FAQ states that, due to a court ruling, the State Police are not enforcing this provision for private property held open to the public, where a no-firearms sign rests on the owner's right to exclude rather than on 265.01-d.
Restaurants that serve alcohol
ProhibitedAny establishment holding an active license for on-premise consumption of alcohol, and cannabis on-site consumption licensees, are sensitive locations where possession is prohibited even with a license (Penal Law 265.01-e(2)(o)).
State parks
ProhibitedPublic parks, playgrounds and zoos are sensitive locations (Penal Law 265.01-e(2)(d)); the definition excludes privately held land within a park not dedicated to public use and the Forest Preserve.
Places of worship
ProhibitedAny place of worship is a sensitive location where possession is prohibited, except for persons responsible for security there (Penal Law 265.01-e(2)(c)).
College campuses
ProhibitedBuildings and grounds owned or leased by schools, colleges and universities are sensitive locations where possession is prohibited (Penal Law 265.01-e(2)(m)).
Prohibited places
See listPenal Law 265.01-e bars firearms even for licensees in government buildings and courts, health and behavioral health facilities, places of worship, libraries, public parks, playgrounds and zoos, child care and youth programs, schools and colleges, public transit and airports, venues with on-premise alcohol licenses, theaters, stadiums, museums and other entertainment venues, polling places, protests and public gatherings, and Times Square. Under 265.01-d private property requires the owner's consent, but the State Police do not enforce that rule for property held open to the public, and the U.S. Supreme Court struck down Hawaii's similar default rule in Wolford v. Lopez (June 25, 2026).
Self-defense
Stand your ground
No, duty to retreatA person may not use deadly physical force if he or she knows the necessity can be avoided with complete personal safety by retreating, except there is no duty to retreat in one's own dwelling when not the initial aggressor (Penal Law 35.15(2)(a)).
Magazines, rifles & NFA items
Magazine capacity limit
Limited to 10 roundsPossessing a large capacity ammunition feeding device, defined as one with a capacity of, or readily convertible to accept, more than ten rounds, is criminal possession of a weapon in the third degree (Penal Law 265.00(23), 265.02(8)).
Assault weapons ban
YesPossessing an assault weapon, as defined by features in Penal Law 265.00(22), is criminal possession of a weapon in the third degree (265.02(7)), except for weapons lawfully possessed before the 2013 SAFE Act and registered with the State Police.
Suppressors (state law)
ProhibitedPossessing a firearm silencer is criminal possession of a weapon in the third degree (Penal Law 265.02(2)); the Penal Law 265.20 exemptions do not include civilian possession.
Short-barreled rifles (state law)
ProhibitedUnder Penal Law 265.00(3), a rifle with a barrel under 16 inches, or a weapon made from a rifle with an overall length under 26 inches, is a 'firearm', and possessing any firearm without a license is criminal possession of a weapon in the fourth degree (265.01(1)) or higher. The license statute (400.00(2)) authorizes licenses only for pistols, revolvers and semiautomatic rifles, so there is no license under which a civilian may possess a short-barreled rifle.
Short-barreled shotguns (state law)
ProhibitedUnder Penal Law 265.00(3), a shotgun with a barrel under 18 inches, or a weapon made from a shotgun with an overall length under 26 inches, is a 'firearm', and possessing any firearm without a license is criminal possession of a weapon in the fourth degree (265.01(1)) or higher. The license statute (400.00(2)) authorizes licenses only for pistols, revolvers and semiautomatic rifles, so there is no license under which a civilian may possess a short-barreled shotgun.
Getting a New York permit
- Pistol/Revolver License to have and carry concealed (Penal Law 400.00(2)(f)) (also issued to non-residents)