State-level laws in New York have been the subject of intense scrutiny in recent years, thanks in large part to the 2022 Supreme Court of the United States (SCOTUS) decision in re: New York State Rifle & Pistol Association (NYSRPA) v. Bruen. The Bruen decision prompted New York’s Senate to draft new legislation overhauling and updating the state’s gun control laws, resulting in the Concealed Carry Improvement Act (CCIA), passed less than a month after the SCOTUS ruling in NYSRPA v. Bruen was handed down. New York gun owners in most municipalities, and certainly in the state’s rural areas, are likely to be focused on ensuring their state-level permits are up to date and in compliance with CCIA requirements. Visitors to the state’s most populous city, however – whether from out of state or from elsewhere in New York – will need to take into consideration the specific gun control laws and permit requirements that apply in New York City, which maintains its own permitting system and a variety of other requirements in addition to those that apply throughout the state. A weapon defense lawyer from the Law Office of Benjamin Greenwald may be able to help you understand your rights and responsibilities under NYC gun laws in a personalized consultation. Call 845-567-4820 to schedule your appointment with a member of our team.
How Are NYC Gun Laws Different?
Gun laws enacted at the state level apply throughout the state. This includes all provisions of the CCIA except a handful that are currently subject to injunctions (on hold) while cases challenging those provisions make their way through the courts. Although lower courts had initially issued much broader injunctions, in December 2023 the United States Court of Appeals for the Second Circuit issued a decision vacating portions of these rulings, while upholding a much narrower set of injunctions. The New York State Attorney General (AG) has said that the AG’s office plans to enforce all CCIA provisions not blocked by the courts. Both injunctions and enforcement apply statewide.
At the local level, municipalities have the right to enact their own regulations, so long as the local rules do not conflict with state or federal laws. New York City has made broad use of this prerogative, particularly with respect to firearm permitting requirements.
Can You Legally Carry a Gun in New York City?
As elsewhere in the United States, individuals in New York City have the right to “keep and bear” arms, under the Second Amendment to the United States Constitution. This right has historically been understood as subject to some limitations – for instance, as the New York City Office of the Mayor explains, carrying a gun onto someone else’s private property over their objections is a felony offense throughout New York State.
NYC Gun License and Permit Requirements
While most gun licenses in New York State are issued by the New York State Police, NYC gun laws require gun owners to complete a separate, city-level process through the City of New York Policy Department (NYPD) to acquire a permit or license. The NYPD issues permits for rifles and shotguns, while the license requirement applies to handguns.
NYC Sensitive Locations
One of the major provisions of the Concealed Carry Improvement Act was to delineate areas recognized as “sensitive” locations. Carrying concealed weapons into any of these areas is prohibited, subject to a few key exceptions. While the CCIA establishes general guidelines for what may be considered a “sensitive location,” Times Square is specifically identified as such a zone. Additionally, although the CCIA does mention public transportation stations as areas to be considered sensitive, the NYC Office of the Mayor has taken special pains to underscore that residents and visitors should consider the famous and heavily-utilized New York City subway system to constitute a sensitive location and therefore off-limits for concealed carry for persons who do not otherwise hold an exemption, throughout its extensive network.
Can I Bring My Guns if I Move to New York?
Individuals moving to New York City, whether from elsewhere in the state or from another part of the country, can bring with them firearms that do not violate New York State’s ban on certain firearms classified as “assault” weapons. However, New York City Administrative Code § 10-304 will require anyone moving to NYC with a rifle or shotgun will be required to show a certificate of registration for each rifle or shotgun in their possession, in addition to completing the required training and acquiring their rifle or shotgun permit through the NYPD.
What Disqualifies You From Owning a Gun in New York?
The CCIA introduced new restrictions on who could acquire a gun license or permit. Under these new restrictions, an updated list of criminal convictions may disqualify individuals from acquiring new concealed carry licenses. Like the rest of the CCIA, these restrictions apply throughout the state. However, if you have a criminal record, you may want to be especially mindful of how NYC gun laws define possession.
New York City Administrative Code § 10-308 specifies that the presence of a rifle or shotgun, or even with ammunition for either type of weapon, “shall be” considered presumptive evidence of possession for everyone present in the absence of a permit or certificate of registration. In other words: If no one in the room, or the car, is able to produce a valid permit and certificate of registration documenting their ownership of the gun in question, everyone present will be presumed to be in possession of the firearm. Given the potential consequences associated with a conviction, if you have been charged with unlawful possession of a firearm that belonged to someone else, you may wish to speak with an experienced New York weapon defense attorney from the Law Office of Benjamin Greenwald to discuss your legal options for a strong defense.
Gun Owner Rights in NYC
Generally speaking, gun owners living in or traveling to New York City will have rights similar to those enjoyed in the rest of New York State. However, specific NYC gun licensing and permitting requirements will apply, and certain provisions of the NYC administrative code may raise additional considerations for individuals in some situations. A New York attorney well-versed in state and local firearm laws may be able to help you understand how NYC gun laws apply to your particular concerns.
Speak With a New York Weapon Defense Lawyer
If you own or would like to own a gun in New York City, or if you as a gun owner are planning a trip to NYC, it is important to be aware of the specific requirements that apply in that jurisdiction. Additionally, individuals already facing charges for unwitting violations of the city’s gun control regulations may wish to speak with an experienced attorney familiar with NYC gun laws. A New York weapon defense attorney with the Law Office of Benjamin Greenwald may be able to review your case and explain to you how NYC gun laws apply to your situation. Schedule your free consultation today by calling 845-567-4820.
