Firearm Prohibitions in New York Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.
It is also illegal for anyone without a valid New York Permit to Carry to transport a handgun, whether loaded or unloaded.
While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. Concealed carry is only legal with a New York Pistol License (NYPL). The minimum age is 21, with the exception of honorably discharged members of the military, who can be any age.
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
State Right to Bear Arms in New York New York courts have held that the rights conferred by this provision are co-extensive with the rights conferred by the Second Amendment to the U.S. Constitution.
The NY SAFE Act prohibits possession of a magazine that has the capacity to hold more than ten (10) rounds of ammunition regardless of when it was manufactured or when it was obtained. It also prohibits possession of a magazine if it is loaded with more than seven (7) rounds of ammunition, unless you are at a range.
New York prohibits the possession of a “loaded” handgun outside of the home or place of business without a license. While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. Concealed carry is only legal with a New York Pistol License (NYPL).
“Assault Weapons” The SAFE ACT bans most semi-automatic rifles by making it a felony to possess a semi-automatic rifle with a detachable magazine that has one or more cosmetic features that New York finds undesirable, such as: A folding or adjustable stock.
Legislation S6649/A2882 requires firearms dealers and gunsmiths to post warnings at sites where firearms are sold and distribute warnings at the time of sale. These warnings must state that firearms increase the risk of suicide, death during domestic disputes and/or unintentional death to children.
After realizing seven-round magazines do not exist for most firearms, New York governor Andrew Cuomo reversed his position on the seven-round limit, stating, "There is no such thing as a seven-bullet magazine sic.