New York
minimum age
handgun Restrictive
NY1084 — minimum age purchase - federal
Citation:
35 U.S.C. § 922(x)(1),(5)
(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
Effective:
1994-09-13
New York
minimum age
handgun Restrictive
NY1085 — minimum age possession - federal
Citation:
43 U.S.C. § 922(b)(1)(c)(1)
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...
Effective:
1994-09-13
New York
minimum age
long gun Restrictive
NY1016 — youth possession
Citation:
N.Y. Penal Law § 265.05
It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or...
Effective:
1965-07-20 Superseded:
2000-11-01
New York
minimum age
handgun Restrictive
NY1028 — youth possession
Citation:
N.Y. Penal Law § 265.05
It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or...
Effective:
1965-07-20 Superseded:
2000-11-01
New York
open carry
handgun Restrictive
NY1021 — prohibited
Citation:
N.Y. Penal Law § 265.03(3)
A person is guilty of criminal possession of a weapon in the second degree when:...(3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
Effective:
2006-11-01
New York
permit to purchase
handgun Restrictive
NY1023 — required
Citation:
N.Y. Penal Law § 400.00(1)
2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a semiautomatic rifle, other than an assault weapon or disguised gun, shall be issued to purchase or take possession of such a semiautomatic rifle when such transfer of ownership occurs on or after the effective date of chapter two hundred twelve of the laws of two thousand twenty-two that...
Effective:
2013-01-01
New York
permit to purchase
handgun Restrictive
NY1014 — maximum waiting period
Citation:
N.Y. Penal Law § 400.00(4-b)
Licenses to carry, possess, repair and dispose of firearms. 4-b. Processing of license applications. Applications for licenses shall be accepted for processing by the licensing officer at the time of presentment.
Effective:
1980-08-12
New York
permit to purchase
handgun Restrictive
NY1086 — required
Citation:
N.Y. Penal Law § 400.00(2),(10)
2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by...
Effective:
1965-07-20 Superseded:
2013-01-01
New York
prohibited possessor
handgun and long gun Restrictive
NY1087 — violent misdemeanor limited
Citation:
N.Y. Penal Law §§ 400.00(1)(n)
1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.
Effective:
2022-09-01
New York
prohibited possessor
handgun and long gun Restrictive
NY1036 — erpo : expanded
Citation:
McKinney's CPLR § § 6340- 6342
§ 6340. Definitions. For the purposes of this article: 1. "Extreme risk protection order" means a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun. 2.
Effective:
2019-08-24
New York
prohibited possessor
handgun and long gun Restrictive
NY1037 — erpo : ex parte
Citation:
McKinney's CPLR § § 6340- 6342
§ 6342 Upon application of a petitioner pursuant to this article, the court may issue a temporary extreme risk protection order, ex parte or otherwise, to prohibit the respondent from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun, upon a finding that there is probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to himself,...
Effective:
2019-08-24
New York
prohibited possessor
handgun and long gun Restrictive
NY1041 — dvro ex parte : expanded
Citation:
N.Y. Crim. Proc. Law § 530.11
For purposes of this section, “members of the same family or household” with respect to a proceeding in the criminal courts shall mean the following: (e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
Effective:
2008-07-21
New York
prohibited possessor
handgun and long gun Restrictive
NY1042 — dvro : expanded
Citation:
N.Y. Crim. Proc. Law § 530.11
For purposes of this section, “members of the same family or household” with respect to a proceeding in the criminal courts shall mean the following: (e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
Effective:
2008-07-21
New York
prohibited possessor
handgun and long gun Restrictive
NY1034 — dvro
Citation:
N.Y. Fam. Ct. Act § 828, 842-a(1),(2).
828: (a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection, which may contain any of the provisions authorized on the making of an order of protection under section eight hundred forty-two, provided that the court shall make a determination, and the court shall state such determination in a written decision or on the record,...
Effective:
1996-11-01 Superseded:
2008-07-21
New York
prohibited possessor
handgun and long gun Restrictive
NY1035 — dvro ex parte
Citation:
N.Y. Fam. Ct. Act § 828, 842-a(1),(2).
828: (a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection, which may contain any of the provisions authorized on the making of an order of protection under section eight hundred forty-two, provided that the court shall make a determination, and the court shall state such determination in a written decision or on the record,...
Effective:
1996-11-01 Superseded:
2008-07-21
New York
prohibited possessor
handgun and long gun Restrictive
NY1032 — mental health : adjudicated as mentally incompetent//incapacitated/disabled
Citation:
McKinney's Penal Law § 265.00
Certified not suitable to possess a self-defense spray device, a rifle or shotgun” means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the superintendent of state police or to any organized police department of a county, city, town or village of this state, that a person who has been judicially adjudicated incompetent...
Effective:
1967-09-01
New York
prohibited possessor
handgun and long gun Restrictive
NY1033 — mental health : committed to mh facility
Citation:
McKinney's Penal Law § 265.00
Certified not suitable to possess a self-defense spray device, a rifle or shotgun” means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the superintendent of state police or to any organized police department of a county, city, town or village of this state, that a person...who has been confined to such institution for mental illness...
Effective:
1967-09-01
New York
registration
handgun Restrictive
NY1024 — required
Citation:
N.Y. Penal Law § 400.00(12)
Records required of gunsmiths and dealers in firearms. Any person licensed as gunsmith or dealer in firearms shall keep a record book approved as to form, except in the city of New York, by the superintendent of state police.
Effective:
1965-07-20
New York
required reporting of lost or stolen firearms
handgun and long gun Restrictive
NY1064 — lost and stolen firearms
Citation:
McKinney's Penal Law § 400.10.1.(a)
Any owner or other person lawfully in possession of: (i) a firearm, rifle or, shotgun who suffers the loss or theft of said weapon; (ii) ammunition as well as a firearm, rifle or shotgun who suffers the loss or theft of such ammunition as well as a firearm, rifle or shotgun; or (iii) ammunition and is a dealer in firearms or seller of ammunition who suffers the loss or theft of such ammunition shall within...
Effective:
2000-11-01
New York
required reporting of lost or stolen firearms
handgun and long gun Restrictive
NY1066 — tracing firearms used in crimes
Citation:
N.Y. Exec. Law § 230(5)
In any case where a state or local law enforcement agency investigates the commission of a crime in this state and a specific gun is known to have been used in such crime, such agency shall submit a request to the national tracing center of the United States Department of Treasury, bureau of alcohol, tobacco and firearms to trace the movement of such gun and such federal agency shall be requested to provide the...
Effective:
2000-08-08
New York
untraceable firearms
handgun and long gun Restrictive
NY1068 — prohibited
Citation:
N.Y. Penal Law § 265.50(A)(1)
A person is guilty of criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun when he or she knowingly manufactures, causes to be manufactured, sells, exchanges, gives, disposes of, transports, ships, or possesses with the intent to sell: 1.
Effective:
2020-01-26
New York
waiting period
handgun Restrictive
NY1022 — Waiting Periods: De facto (permit required)
Citation:
N.Y. Penal Law § 400.00(2),(10)
(b) All licensees shall be recertified to the division of state police every five years thereafter. Any license issued before the effective date of the chapter of the laws of two thousand thirteen which added this paragraph shall be recertified by the licensee on or before January thirty-first, two thousand eighteen, and not less than one year prior to such date, the state police shall send a notice to all license...
Effective:
2013-01-01
New York
waiting period
handgun Restrictive
NY1026 — Waiting Periods: De facto (permit required)
Citation:
N.Y. Penal Law § 400.00(2),(10)
2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by...
Effective:
1965-07-20 Superseded:
2013-01-01