State Regulations

Subject Matter

Rifle / Shotgun

Handgun

Relevant Statute

General Description

State Permit Required to Purchase

No

Yes

§265.20 §265.01

No NYS permit is required for long guns. Handguns require a permit. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Nassau and Suffolk Counties, with a background check. Permits for those wanting to carry concealed are issued on a ""may issue"" basis, whereas permits to merely purchase and possess handguns in the home are issued on a ""shall issue"" basis. There is an application fee for each permit, as well as an amendment fee for each handgun added to the permit. NOTE: Different laws apply for NYC

State Firearm Registration

No

Yes

§700.00

§265.01

No registration for long guns. All handguns must be registered under a license. There is a $3 registration fee. Handguns are registered with purchase permit. The serial number and sale is noted down. It is illegal to possess any un-registered firearm. Antique weapons are exempted from this. All handguns must travel in the manner one's license is issued. No record is needed of previously owned handguns with law enforcement. *All rifles classified as assault weapons must be registered with the state by January 15, 2014. NOTE: Different laws apply for NYC

State Preemption of Local Restrictions

No

No

New York preempts only handgun licensing. Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws, such as licensing of long guns and 5-round magazine limits.

Assault Weapon Restrictions

Yes

Yes

§265.00

§265.02

Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and registered with the state by January 15, 2014 or classified as an antique assault weapon. New York City, Buffalo, Albany, and Rochester have enacted their own assault weapon bans. Law enforcement and retired law enforcement are exempt from the assault weapons ban.

NFA Weapon Restrictions

Yes

Yes

§265.02

Ownership of machine guns, suppressors, short-barreled rifles, and short-barreled shotguns are prohibited to the average citizen. Destructive devices are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited. AOW's are legal to own but are still required to be on a pistol permit. AOW's disguised as non-firearms are illegal.

Magazine Capacity Restrictions

Magazine size limited to 10 rounds. Law enforcement and retired law enforcement are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. Under the NY SAFE Act (signed on the 15th of January, 2013 by Gov. Andrew Cuomo) the magazine law was changed. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was struck down by a federal judge on December 31, 2013.

Prohibited Items

Rifles

Magazine size limited to 10 rounds. Law enforcement and retired law enforcement are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. Under the NY SAFE Act (signed on the 15th of January, 2013 by Gov. Andrew Cuomo) the magazine law was changed. A legal pSemi-automatic rifles that can accept a detachable magazine and have one or more of the following features: 1) Folding / telescoping stock, 2) Pistol grip, 3) Thumbhole stock, 4) Fore-grip, 5) Bayonet lug, 6) Flash suppressor, 7) Muzzle brake 8) Muzzle compensator, 9) Threaded barrel, 10) Grenade launcher, 11) Over 10 round capacity

Any rifle with a magazine (including tubular) with a capacity greater than 10 rounds

Shotguns

Semi-automatic shotguns that have one or more of the following features: 1) Folding / telescoping stock, 2) Thumbhole stock, 3) Fore-grip, 4) Fixed magazine over 10 rounds 5) Ability to accept a detachable magazine.

Handguns

Semi-automatic handguns that have one or more of the following features: 1) Folding / telescoping stock, 2) Thumbhole stock, 3) Fore-grip or other protruding grip that can be held by non-trigger hand, 4) Capacity to accept a magazine that attaches, to the pistol outside of the pistol grip, 5) Threaded barrel, 6) Barrel shroud, 7) Manufactured weight of 50 oz or more, 8) Over 10 round capacity.

Mare’s Legs pistols are considered by the state a short-barreled rifle and cannot ship.

Prohibited: Any pistol or revolver, the frame or receiver of which is a die casting of zinc alloy, which has a melting temperature

of less than 1000 degrees F

Accessories / Ammunition

Any magazine over 10 round capacity

Stun guns and TASERs

Defense Sprays

Batons