Understanding Gun Possession Laws in New York
Because gun laws vary from one state to the next (and sometimes even within one state, like here in New York), understanding your gun rights can be difficult. Many times, people commit gun crimes simply because they are unaware of the laws in their area.
From possession to transportation and sale, New York has some of the strictest gun laws in the country. Therefore, it’s vital that every New Yorker understand their rights as a current or potential gun owner.
New York State vs. New York City
New York differs from most other states because its gun laws don’t cover the entire state — laws vary between New York State (Long Island and upstate New York) and the five boroughs (the Bronx, Brooklyn, Manhattan, Queens, and Staten Island).
New York City Gun Permits
Contrary to popular belief, one gun permit doesn’t cover all aspects of gun ownership. Depending on how you intend to use a gun, you may need multiple permits.
- A premise license. This license allows gun owners to use their weapon only on the premises of the address provided on the license (most often, their home). This is the gun license that’s most commonly applied for in New York City.
- A carry business license. This allows gun owners to conceal their gun for employment reasons. It also allows them to carry it from their home to workplace and back.
- A limited carry business license. This is similar to a carry business license, however, it’s more restrictive. With this license, gun owners are only allowed to use their weapon at the business address provided on the license.
- A special carry license. This license will let owners use a gun for business purposes and take it anywhere (so long as the license is valid).
- A carry guard license. This license is reserved for security guards and those in similar professions. In order to acquire this license, a person needs documentation from their employer.
Who Can Apply for a Gun Permit
In order to apply for a permit in New York, you must:
- Be a New York State resident;
- Be at least 21 years old;
- Have no prior felony or serious offense convictions;
- Be of good moral character;
- Have a legally recognized reason for wanting to possess or carry a firearm;
- Be ready to open the business for which the license is being applied.
New York has strict gun laws, so it’s possible to be denied even if you meet all of the above criteria.
What is New York’s Red Flag Law?
Also known as the extreme risk protection order law, The Red Flag Law went into effect in August 2019. The goal of the law is to prevent individuals who may be a threat to themselves or others from purchasing or owning a firearm.
Nearly anyone can file a petition to prevent someone they know from owning a firearm, including family members, school management, law enforcement officials, and the attorney of a district.
In order to legally transport any type of loaded gun in your car, you must possess a valid New York Permit to Carry. Without the proper permits, it’s illegal to transport a loaded or unloaded gun in your car.
Legally Carrying a Gun in New York
Throughout the state, New York prohibits the open carry of loaded firearms. However, a New York pistol license is required to conceal carry in the state. That said, it’s important to know that even this license is still not valid in several counties.
If you are able to concealed carry, there are still restrictions to the type and amount of ammunition and firearms you can have. New York doesn’t allow armor-piercing ammunition or machine gun firearms. Members of the military and law enforcement are exempted from these regulations.
Are you facing gun charges in New York? Even if the case in question involved accidental violations or misuse of possession laws, many defendants have been convicted for simple misunderstandings. Contact Kenneth E. Belkin, Esq. at (718) 395-6755 if you need a reliable gun crime attorney to fight for your rights in New York.