Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. These regulations are very strict in comparison to the rest of the United States.[1]
New York Civil Rights Law art. II, § 4 provides that "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed."[2] Similar text is also contained in the Second Amendment to the United States Constitution.
New York state law does not require a license to own or possess shotguns or manually operated action rifles, but does require a permit to legally possess or own a pistol. A permit is also needed to purchase all semi-automatic rifles, but not to possess them. All firearms must comply with the NY SAFE Act, which bans firearms that it defines as assault weapons, unless they were owned prior to the ban and registered by April 15, 2014. Law enforcement is partially exempt from this law.
The City of New York has its own set of laws, and requires a license to own any firearm.[3]
The U.S. Supreme Court in the case District of Columbia v. Heller, 554 U.S. 570 (2008), ruled that "the right to bear arms" is an individual right and a right to arms in common use are protected under the Second Amendment to the United States Constitution. The Court further ruled that this right applies against the states in McDonald v. Chicago, 561 U.S. 742 (2010).
In 2013, the Second Circuit asked the New York Court of Appeals whether part-time state residents are eligible for a pistol permit under New York law, to which the Court answered in the affirmative.[4]
On June 5, 2022, governor Kathy Hochul (D‑NY) signed New York Assembly Bill A10503 into effect.[5] The bill raises the minimum age to purchase a semi-automatic rifle to 21, and requires a license for all new semi-automatic rifle purchases. Semi-automatic rifles owned prior to this date are grandfathered. This bill was passed in response to the 2022 Buffalo shooting, and the Robb Elementary school shooting.
In a 2012 ruling, the United States Court of Appeals for the Second Circuit upheld New York's law requiring gun owners who seek a concealed weapon permit to prove a special need for protection; the decision in Kachalsky v. County of Westchester, 701 F.3d 81, held that New York's laws do not violate the right to keep and bear arms.[6] This decision was abrogated on June 23, 2022 when the U.S. Supreme Court ruled in the case of New York State Rifle & Pistol Association, Inc. v. Bruen that the state's requirement for concealed carry permit applicants to show "proper cause" (the "may-issue" policy) is unconstitutional.[7]
^"Does New York City Need Gun Control?". NPR.org. Retrieved December 16, 2020.
^"New York Consolidated Laws, Civil Rights Law - CVR § 4".
^"Gun Laws · NYC311". portal.311.nyc.gov. Retrieved June 3, 2021.
^Cite error: The named reference Osterweil was invoked but never defined (see the help page).
^"A10503". Retrieved July 1, 2022.
^"Bloomberg Law - Document - Kachalsky v. Cnty. of Westchester, 701 F.3d 81 (2d Cir. 2012), Court Opinion". origin-www.bloomberglaw.com. Retrieved April 29, 2018.
^Cite error: The named reference NYT-Bruen was invoked but never defined (see the help page).
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