Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the ``State Laws and Published Ordinances--Firearms'', available from the U.S. Government Printing Office, Washington D.C. 20402.
Please Also Note: New York City has comprehensive gun control laws which further restrict the possession and use of rifles, shotguns and handguns. For details, please refer to a separate summary of New York City law prepared by the NRA Institute for Legislative Action.
Rifles and
Shotguns Handguns
_____________________
Permit to Purchase No* Yes
Registration of Firearm No* Yes
Licensing of Owner No* Yes
Permit to Carry No Yes
* Except in New York City
A person who has been convicted of a felony or other serious offense may obtain a certificate of good conduct which will then permit him to possess rifles and shotguns.
Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person between the ages of 12 and 16 who is engaged in supervised target shooting on a range.
A minor at least 14 years of age may hunt with any rifle or shotgun, provided he has a valid hunting license and is accompanied by his parent, guardian or other parentally-designated adult who also holds a valid hunting license.
A license may be granted to an applicant who is of good moral character, has not been convicted of a ``serious offense,'' (This includes misdemeanors and violations as set forth in Section 256.00, Subd. 17, PL.) states if and when he has ever been treated for mental illness and as to whom ``no good cause exists for the denial of the license.''
An investigation will be conducted of all statements required in the application. This includes taking the fingerprints and physical descriptive data of the applicant. One copy of the fingerprints will be forwarded to the FBI for a search of their criminal records. The failure or refusal of the FBI to make the fingerprint check shall not constitute the sole basis for refusal to issue a permit.
The licensing officer may, in his discretion, add restrictions to the license, limiting the places where the handgun may be kept or carried. No demonstration of ``need'' to possess is required to obtain an ``on premises only'' license valid for one's home or place of business, although ``need'' must be shown for a license not restricted to one of those locations.
An ``on premises only'' license authorizes the possession of a handgun only at the location written on the license. It does not authorize the holder to take such handgun to any other place. (It should be noted further than an ``on premises only'' license technically does not authorize the holder even to transport the handgun from its place of purchase to the location stated on the license.)
Applications for licenses must be acted upon within 6 months after presentment. If there is a delay, there must be written notice to the applicant stating the reasons. Such delay may be only for ``good cause.''
The statue provides that the failure of the FBI to process fingerprints is not a good cause for delay.
If issued, the license is valid until revoked, except in New York City, Nassau and Suffolk counties where the license expires on the first day of the second January after date of issuance.
The license fee is fixed by the board of supervisors in each county, with a $10.00 limit prescribed by state law along with a $14.00 state-wide fingerprint processing fee from the Division of Criminal Justice Services, and the $14.00 for a federal fingerprint processing fee. The fee for each amendment to the license is $3.00 ($5.00 in Suffolk County). In New York City and Nassau County, the City Council and Board of Supervisors, respectively, set the license fees without state law limitation.
Each handgun possessed must be listed on the license by make, model, caliber and serial number. The only exception is possession of a properly licensed handgun by another licensee at a target range.
Personal information subnitted by the applicant to obtain the license becomes a matter of public record.
A licensee who moves his residence to another licensing jurisdiction within the state may, upon request, have his license records transferred to the jurisdiction of his new residence. Failure to request transfer of the license records may result in an inability to obtain amendments, and possible revocation of the license.
To obtain the amendment, the applicant must present his license to the licensing officer in the city or county where such license was issued or where officially transferred.
An applicant for a license to carry must be required to show, in addition to the requirement for possession, that ``proper cause exists'' for the issuance of such a license; for example, for target shooting, hunting, or self-defense.
The license can be amended to include one or more additional or different handguns. The licensee is required to carry the license on his person at all times when carrying a handgun.
Possession of any ``loaded'' rifle or shotgun in a vehicle is illegal. A loaded handgun may be carried in a vehicle by a proper licensed individual. (``Loaded'' means loaded in magazine or chamber. A loaded handgun means one for which the person possesses ammunition.)
No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.)
A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container.
An alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State. An alien may also obtain a pistol license.
Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.
The presence in any room, dwelling, structure or vehicle of any machine gun is presumptive evidence of unlawful possession by all persons occupying the place where the machine gun is found.
A machine gun is defined as any weapon from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun.
It is a crime to possess any rifle, shotgun or handgun in or upon the building or grounds of any school, college or university in the state without the written permission of the institution.
It is a crime to possess a fake or imitation handgun with intent to use it unlawfully.
It is a crime to intentionally point any firearm toward another person (except in self-defense), even if no malice is involved.
It is a crime to deface or alter the serial number or any other distinguishing number or identification mark on any handgun. Possession of any handgun that has been defaced creates a legal presumption that the possessor committed the offense.
The presence of a firearm in a vehicle is presumptive evidence of its possession by all persons occupying the vehicle except if: the firearm is found upon the person of one of the occupants; the firearm is found in a vehicle operated for hire by a duly licensed driver, then the presumption will not apply to the driver, or the firearm found is a handgun and one of the occupants has in his possession a valid license to have and carry concealed.
Note: In this digest, the word ``firearm'' is used in its general sense, i.e., any rifle, shotgun, or handgun. However, readers of the New York law should be aware that the term ``firearm,'' when it appears in the text of the statutes, has a special meaning, being applied only to handguns and other firearms ``of a size which may be concealed upon the person.''
Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.
Sources: Articles 265 and 400 of the Penal Law of New York.
(c) 1993 NRA Institute for Legislative Action.
Permission to reprint
granted with appropriate credit to NRA Institute.
NS3N 1118 Rev. 10/93 20M