Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. New York's gun laws are among the most restrictive in the United States.
New York Civil Rights Law art. II, § 4 provides that "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed."
New York state law does not require a license to own or possess shotguns or manually operated action rifles, but does require a permit to legally possess or own a pistol. A permit is also needed to purchase all semi-automatic rifles, but not to possess them. All firearms must comply with the NY SAFE Act, which bans firearms that it defines as assault weapons, unless they were owned prior to the ban and registered by April 15, 2014. Law enforcement is partially exempt from this law.
New York City has its own set of laws and requires a license to own any firearm.
The U.S. Supreme Court in the case District of Columbia v. Heller, 554 U.S. 570 (2008), ruled that "the right to bear arms" is an individual right and a right to arms in common use are protected under the Second Amendment to the United States Constitution. The Court further ruled that this right applies against the states in McDonald v. Chicago, 561 U.S. 742 (2010).
In 2013, the Second Circuit asked the New York Court of Appeals whether part-time state residents are eligible for a pistol permit under New York law, to which the Court answered in the affirmative.
On June 5, 2022, Governor Kathy Hochul () signed New York Assembly Bill A10503 into effect. The bill raises the minimum age to purchase a semi-automatic rifle to 21, and requires a license for all new semi-automatic rifle purchases. Semi-automatic rifles owned prior to this date are grandfathered. This bill was passed in response to the 2022 Buffalo shooting, and the Robb Elementary school shooting.
In a 2012 ruling, the United States Court of Appeals for the Second Circuit upheld New York's law requiring gun owners who seek a concealed weapon permit to prove a special need for protection; the decision in Kachalsky v. County of Westchester, 701 F.3d 81, held that New York's laws do not violate the right to keep and bear arms. This decision was abrogated on June 23, 2022 when the U.S. Supreme Court ruled in the case of New York State Rifle & Pistol Association, Inc. v. Bruen that the state's requirement for concealed carry permit applicants to show "proper cause" (the "may-issue" policy) is unconstitutional.
Overview
Most of New York State's gun laws are covered in two sections of New York Penal Law: Article 265 - Firearms and Other Dangerous Weapons, and Article 400 - Licensing and Other Provisions Relating to Firearms. These laws ban handgun possession and provide exemptions, including individuals licensed to carry handguns or to possess them for other reasons, including sports, repair, or disposal. New York's gun laws also apply to other items regarded as deadly weapons, such as certain chemical sprays, clubs, explosives, fireworks, knives, rockets, slingshots, stun guns, and throwing stars. A previous ban on stun guns was ruled unconstitutional.
Statewide, New York enforces various firearm related prohibitions, many proscriptions similarly listed in the now-expired Federal Assault Weapons Ban.NY Penal Code § 799.99 Definitions. (2010)NY Penal Code § 265.02 Criminal possession of a weapon in the third degree. (2010)NY Penal Code § 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. (2010) On January 15, 2013, the state assault weapons ban was made more restrictive by the NY SAFE Act. Specified rifle magazines are banned: a) manufactured after 1994; and b) the magazine holds in excess of 10 rounds (handguns included). In December 2013, a federal judge ruled the seven-round magazine limitation is tenuous, straitened, and unsupported', and therefore unconstitutional." Any semi-automatic rifle (with a detachable magazine) or shotgun (non-pump) with one or more of these features are banned: 1) pistol grip; 2) bayonet lug; 3) telescoping or folding stock; 4) flash suppressor; 5) threaded barrel; or 6) grenade launcher.NRA-ILA - Synopsis of New York Laws The SAFE Act expanded the ban to add the following features: 7) muzzle brake (Dec 2014 Federal court All references to muzzle "break [sic]" be stricken); 8) muzzle compensator; 9) thumbhole stock; and 10) foregrip."NY SAFE ACT: Rifles - Banned features" archived from the Original All semi-automatic versions of assault-style rifles and shotguns purchased prior to January 15, 2013 are grandfathered, but must be registered within one year of the SAFE Act passage.New York passes major gun control law -- first since Newtown massacre - NBCNews.com, January 15, 2013
Permits issued in New York are valid statewide, except in NYC, unless validated by the NYC police commissioner. A NYC concealed carry license is valid throughout the state. NY Penal Code 400 (6).
New York has enacted a red flag law, prohibits teachers from being armed, banned bump stocks, instituted a 30-day waiting period for purchasers who don't pass the background check instantly, and operates a gun buyback program.
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