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.
Rifles and
Shotguns Handguns
_____________________
Permit to Purchase Yes Yes
Registration of Firearms Yes Yes
Licensing of Owner Yes Yes
Permit to Carry Yes Yes
There are different handgun licenses with different privileges granted under each. A license for a handgun shall be issued to: (1) have and possess in a dwelling by a householder; (2) have and possess in his place of business by a merchant or storekeeper; (3) have and carry concealed for employment purposes; (4) have and carry concealed, without regard to employment or place of possession; (5) possess a target handgun; and (6) have, possess, collect and carry antique pistols.
The applicant for a handgun license must:
To obtain a handgun license to possess in a household or place of business, or to possess a target pistol, no showing of need is required. The applicant must meet the eligibility requirements listed above. The application procedure includes fingerprinting and the submission of 2 photos of the applicant. The non-refundable application fee of all licenses is $170.00 for the first two years. Licenses may not be issued for more than 3 years and renewals are $170.00 for two years.
Only a licensed handgun owner is allowed to possess ammunition suitable for the licensed handgun and is allowed to possess an ammunition feeding device for the licensed handgun, but not to exceed 17 rounds capacity.
Handgun licenses issued elsewhere in New York State are not valid in New York City. New York City licenses are valid throughout New York State. However, a New York State License to carry or possess will be valid in New York City in the absence of a New York City license provided that the handguns are transported by the licensee in a locked container and the trip through New York City is continuous and uninterrupted.
A license to possess a handgun in one's household or place of business or to possess a target handgun does not authorize the licensee to carry a handgun on or about his person except in the very limited circumstances outlined above (under "Possession"). Similarly, a target handgun license does not grant the holder the right to keep a loaded handgun in his home or place of business. To do so one must have a license to have and possess either in one's dwelling or one's place of business.
A "target" license authorizes the holder to transport his unloaded handgun to and from a shooting range or hunting field in a locked container.
An "on premises" license permits the holder to possess a handgun in his home or place of business. The holder may obtain 2 authorizations a year to transport his handgun(s); unloaded and in a locked container, to and from an authorized shooting range.
To obtain a license to carry concealed handgun the applicant is required to show that "proper cause" exists for the issuance of the license. The decision to issue or deny this license is within the discretion of the commissioner and his decision will only be overturned by a court if it can be shown that he abused his discretion.
A license may not be transferred. The license holder must have the license in his possession while carrying a handgun, and each person licensed to possess a handgun on his premises is required to have a license on such premises. On demand of any peace officer a license must be exhibited.
It is unlawful for a person to possess a rifle or shotgun unless he is a holder of a permit as well as a certificate of registration, issued by the Firearms Control Section of the Police Department's License Division for each rifle or shotgun. There is no fee for the certificate of registration; the board keeps a file of all current and past holders of permits and certificates of registration.
The following persons may not obtain a permit to possess a rifle or shotgun:
No later that 30 days from the submission of the application, unless the police commissioner determined more time is needed for an investigation and then it shall not exceed 60 days, the Commissioner shall issue the permit or shall notify the applicant of the denial of the application and the reason or reasons.
If an application for a permit is denied, the applicant can submit an appeal to the Police Department's License Division. A further appeal can be submitted to the Commanding Officer of the License Division.
Any person holding a valid license to carry a concealed weapon in accordance with the provisions of the New York Penal Law will be issued a shotgun or the rifle permit upon application and payment of the $55 fee.
The following persons may possess rifles and shotguns without a permit or certificate.
Any New York City resident acquiring a rifle or shotgun outside the city shall make application for a permit and certificate of registration within 72 hours after bringing such weapon into the city. Pending the issuance of such permit and/or certificate the rifle or shotgun must be deposited at the nearest police precinct.
Non-residents in transit who are carrying rifles and shotguns with them are exempt from the permit and registration requirements provided they remain in New York City for only 24 hours and the rifles and shotguns are at all times unloaded and in a closed case, or in a locked automobile trunk.
Only a rifle or shotgun owner with a permit is allowed to possess ammunition suitable for the registered rifle or shotgun and is allowed to possess an ammunition feeding device for the registered rifle or shotgun, but not to exceed 5 rounds capacity.
No person lawfully in possession of a rifle or shotgun may dispose of it except to:
A non-resident of New York City who has not been issued a permit may purchase a rifle or shotgun from a licensed New York City dealer provided that he subscribes and swears or affirms to a written statement that he would not be disqualified from purchasing a rifle or shotgun if he were a city resident, that he is qualified to purchase a rifle or shotgun in the place where he resides and can document that he is a bona-fide resident of a jurisdiction outside New York City. Non-resident purchasers have 24 hours to remove any long arms so purchased from New York City, and in the event the purchaser is traveling to another country the dealer is authorized to deliver at a terminal to a representative of the railroad, airline or shipping company for placement aboard such train, plane, or ship.
There are 3 ways that a rifle or shotgun sale may be registered with the Firearms Control Section:
Where the sale is made by a city dealer, the dealer issues a certificate of registration to the buyer and sends a copy to the Firearms Control Section. In all other dispositions the Firearms Control Section issues the certificate of registration. The disposing of the rifle or shotgun must be recorded on forms supplied by the Firearms Control Section. The original copy must be sent to the Firearms Control Section within 72 hours of the purchase or acquisition, and 1 copy will be retained by the seller and 1 copy by the purchaser or recipient. Both parties must have their registration certificates amended to show the addition of the rifle or shotgun.
It is unlawful to possess or carry a loaded rifle or shotgun in public. Unloaded shotguns or rifles carried or possessed in public must be completely enclosed or contained in a nontransparent carrying case.
Also exempt is "any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which used fixed cartridges which are no longer available in the ordinary channels of commercial trade." This includes replicas.
NOTE: A license would be required to possess these handguns when the ammunition necessary to discharge them is possessed simultaneously.
It is unlawful to fire or discharge any gun, pistol, rifle, firing piece or other firearm in the city, except for certain premises designated by the Police.
Non-residents of New York City may apply for a rifle or shotgun permit subject to the same conditions, regulations, and requirements as residents of New York City.
It is unlawful to possess or dispose of an "assault weapon," which is defined as any semiautomatic rifle or shotgun which has one or more of the following features: folding or telescopic stock or no stock, conspicuously protruding pistol grip, bayonet mount, flash suppressor or threaded barrel designed to accommodate a flash suppressor, barrel shroud, grenade launcher, or modification of such features, or other features determined by the police commissioner to be suitable for military and not sporting purposes. The commissioner shall by rule designate specific semiautomatic rifles or shotguns as "assault weapons." "Assault weapon" also includes any revolving shotgun or part intended to convert a rifle or shotgun into an "assault weapon." "Assault weapon" shall not include any rifle or shotgun modified to render it permanently inoperative.
It is unlawful to alter, change, remove, disfigure, obliterate or deface the name of the maker, model, manufacturer's or serial number of a rifle, shotgun or assault weapon.
SOURCES: New York City Administrative Code Sections 10-131, Sections 10301, ET. SEQ.
Caution: City and State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a 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.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(c) 1995, NRA Institute for Legislative Action.
NS3N 1127 Rev. 8/95