New York State Law Summary

Last updated October 21, 2011

In its publication Gun Laws Matter: A Comparison of State Firearms Laws and Statistics, LCAV ranked each state based on a review of state laws in 25 different firearms-related policy areas.  New York ranked 8th out of 50 – having enacted some of the strongest gun violence prevention laws in the country. Among other things, New York:

• Requires all firearm sales at a gun show to be processed through a licensed dealer, who conducts a background check; 

• Requires firearm dealers to obtain a state license; 

• Bans most assault weapons and large capacity ammunition magazines;

• Requires anyone purchasing or possessing a handgun to first obtain a license, after a background check, and requires the license to specify all the handguns owned by the license holder;

• Requires firearm owners to report lost or stolen firearms to law enforcement; and

• Prohibits the manufacture and assembly of certain “unsafe handguns”. 

However, New York does not:

• Conduct its own background checks for firearm sales, but instead relies on the FBI;

• Require a background check prior to the private sale of a firearm that does not occur at a gun show (although a handgun license may be required);

• Impose a waiting period prior to the purchase of a firearm (although it may take up to six months to obtain a license to purchase a handgun); or

• Significantly regulate ammunition sales.

Local governments in New York have authority to regulate firearms or ammunition, and local law enforcement has discretion regarding whether to issue a concealed handgun permit.

In 2008 (the last year for which data is available), New York had the fifth lowest number of gun deaths per capita among the states. Guns originally purchased in New York are recovered after being used in crimes in other states at the second lowest rate per capita among the states, according to data published by Mayors Against Illegal Guns.  In fact, New York exports crime guns at a rate less than one-sixth the national average.  New York imports crime guns from other states at seven times the rate it exports such guns.

For details about specific firearms laws in New York, choose a topic below.

Overview State "Right to Bear Arms" Statistics Local Authority to Regulate Firearms
State Firearms Policies Persons Prohibited from Firearm Possession Prohibited Purchasers Generally Minimum Age to Purchase / Possess Domestic Violence & Firearms Disarming Prohibited Persons Sales & Transfers Background Checks Mental Health Reporting Multiple Purchases / Sales of Firearms Retention of Sales / Background Check Records Waiting Periods Gun Dealers & Other Sellers Dealer Regulations Private Sales Gun Shows Immunity Statutes Gun Owner Responsibilities Licensing of Gun Owners / Purchasers Registration of Firearms Reporting Lost or Stolen Firearms	Firearms in Public Places Concealed Weapons Permitting Open Carrying Location Restrictions Guns in Vehicles Guns in Schools Other Location Restrictions Consumer & Child Safety Design Safety Standards for Handguns Locking Devices Personalized / Owner-Authorized Firearms Child Access Prevention Classes of Weapons / Ammunition Assault Weapons Large Capacity Ammunition Magazines Fifty Caliber Rifles Machine Guns / Automatic Firearms Non-Powder Guns Ammunition Regulation Investigating Gun Crimes Microstamping / Ballistic Identification Trafficking
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