Gun Laws in New York
Gun laws in New York are among the more regulated in the nation, but all gun owners must comply with both federal law and New York state-specific regulations. All private transfers must go through a licensed FFL dealer. A waiting period applies: Pistol License process typically takes months; 30-day minimum for new applicants. This complete guide covers every New York gun law you need to know in 2026.
New York Gun Laws — Quick Overview
New York Gun Laws — Quick Reference
Adults 21+ with a valid Pistol License (handguns) or Certificate of Registration (semi-automatic rifles). Permit to Carry Handgun required.
Private Sales: Must go through licensed FFL dealer
Background Check: Required for ALL transfers
Waiting Period: Pistol License process typically takes months; 30-day minimum for new applicants
Permit to Purchase: Required
Registration: Required
Magazine Limit: 10 rounds max
Assault Weapons Ban: Banned / Restricted
Min Age (Private): 21+
Min Age (Dealer): 21+ handguns / 21+ long guns
Carry Laws: Permit to Carry Handgun required
Table of Contents
New York Gun Laws — Complete Reference Table
The table below covers every major category of gun law in New York — from private sales and background checks to carry rights, prohibited persons, and penalties. Each row includes New York's specific rule, key details, and direct links to the governing law.
| LAW CATEGORY | NEW YORK STATUS | KEY DETAILS | LAW RESOURCES |
|---|---|---|---|
| PRIVATE SALES & TRANSFERS | |||
| Private Gun SalesPerson-to-person transfers | ⚠️ FFL Required | All private firearm transfers in New York must go through a licensed FFL dealer for a background check. Direct person-to-person private transfers without a dealer are not permitted under New York law. GunTransfer performs a full background check and generates a bill of sale for every transfer. | N.Y. Penal Law § 265.00 et seq... ATF — Private Transfer Rules |
| FFL Dealer RequiredLicensed dealer involvement | 🔵 Required | All private transfers in New York must go through a licensed FFL dealer. The dealer conducts the background check and maintains required records. | ATF — FFL Dealers ATF — Interstate Rules |
| Bill of SaleTransfer documentation | 🔵 Recommended | FFL dealer records are required. A GunTransfer bill of sale adds private documentation protecting both parties beyond the dealer's required records. | GunTransfer Bill of Sale → |
| Interstate TransfersOut-of-state sales | 🔵 FFL Required | Federal law prohibits direct private handgun transfers between residents of different states. Any out-of-state firearm purchase must ship to a licensed FFL dealer in the buyer's state. | 18 U.S.C. § 922 ATF Interstate Guidance |
| BACKGROUND CHECKS | |||
| Background Check — DealerLicensed dealer purchases | 🔵 Required | Background checks are required for ALL purchases from licensed FFL dealers under federal law. The dealer submits a NICS check through the FBI before releasing any firearm. | FBI NICS System ATF — Brady Law |
| Background Check — Private SalesPerson-to-person | 🔵 Required | New York requires background checks for ALL private firearm transfers — all transfers must go through a licensed FFL dealer who conducts the check. GunTransfer also performs its own full background check on every buyer. | ATF — Prohibited Persons 18 U.S.C. § 922(d) |
| WAITING PERIODS | |||
| Waiting PeriodDealer & private sales | ⚠️ Required | New York requires a waiting period: Pistol License process typically takes months; 30-day minimum for new applicants. The buyer cannot take possession until this waiting period has elapsed after the transfer is approved. | New York Firearms Laws Giffords — Waiting Periods |
| PERMITS & LICENSES | |||
| Permit to PurchaseBefore buying a firearm | 🔵 Required | New York requires a permit or license before purchasing a firearm. See N.Y. Penal Law § 265.00 et seq.; NY SAFE Act (2013); NY Concealed Carry Improvement Act (2022) for specific permit requirements. The permit process includes a background check. | New York Firearms Laws |
| Concealed CarryCarrying a hidden firearm | 🔵 Shall-Issue | Permit to Carry Handgun required. Shall-issue (post-Bruen), but many sensitive locations remain restricted. | New York Carry Laws New York Carry Reciprocity |
| REGISTRATION | |||
| Firearm RegistrationState registry | 🔵 Required | New York requires firearm registration. All firearms must be registered with the appropriate New York authority. New owners must register transferred firearms following the transfer. | New York Firearms Laws |
| AGE REQUIREMENTS | |||
| Handguns — DealerMinimum purchase age | ⚠️ 21+ | Federal law requires buyers to be at least 21 to purchase a handgun from a licensed FFL dealer. | 18 U.S.C. § 922(b)(1) |
| Long Guns — DealerRifles & shotguns | ⚠️ 21+ | New York law allows licensed FFL dealers to sell rifles and shotguns to buyers 21+. | 18 U.S.C. § 922(b)(1) |
| Private Sales — All FirearmsMinimum private sale age | ⚠️ 21+ | New York law sets 21 as the minimum age for all private firearm transfers in New York — handguns and long guns alike. | 18 U.S.C. § 922(x) |
| 🔫 CARRY LAWS | |||
| Open CarryCarrying a visible firearm | ⚠️ Restricted | Open carry is restricted or prohibited in New York. See N.Y. Penal Law § 265.00 et seq.; NY SAFE Act (2013); NY Concealed Carry Improvement Act (2022) for specific open carry rules. | New York Carry Laws |
| ⛔ FIREARM RESTRICTIONS | |||
| Assault Weapons BanRestrictions on certain firearms | ⚠️ Banned | New York restricts or bans certain assault-style weapons. AR-platform and AK-platform rifles may be prohibited or heavily regulated. See N.Y. Penal Law § 265.00 et seq.; NY SAFE Act (2013); NY Concealed Carry Improvement Act (2022) for specific prohibited firearm definitions. | New York Firearms Laws Giffords — New York AWB |
| Magazine Capacity LimitsRound restrictions | ⚠️ 10 Round Limit | New York limits magazine capacity to 10 rounds. Magazines exceeding this limit are prohibited. Note: bringing high-capacity magazines from other states into New York is illegal. | Giffords — Magazine Laws |
| Red Flag / ERPO LawsEmergency removal orders | ⚠️ Law Exists | New York has a Red Flag law (Extreme Risk Protection Order / ERPO). Law enforcement or family members may petition a court to temporarily remove firearms from an individual deemed a risk. | Giffords — Red Flag Laws |
| 🚫 PROHIBITED PERSONS | |||
| Federal Prohibited PersonsWho cannot own firearms | 🚫 See List | Under 18 U.S.C. § 922(g), prohibited from possessing firearms in New York and all states:
| ATF — Prohibited Persons 18 U.S.C. § 922(g) |
| SELLER & BUYER OBLIGATIONS | |||
| Seller ResponsibilityLegal obligations when selling | 🔵 Federal Law | Even in regulated states like New York, sellers carry federal legal obligations. You cannot:
| 18 U.S.C. § 922(d) ATF — Seller Obligations |
| Gift TransfersTransferring without payment | ✅ Legal | Firearms may be gifted in New York when the recipient is legally eligible and at least 21 years old. The same prohibited person restrictions apply. Gifting to a prohibited person is a federal felony. Document with GunTransfer. | 18 U.S.C. § 922 |
| Gun InheritanceInheriting firearms from estate | ✅ Legal | New York allows the inheritance of legally-owned firearms. Key rules:
| ATF — Firearm Inheritance ATF — NFA Inheritance |
| KEY NEW YORK STATUTES | |||
| Primary Firearms StatuteMain state law | State Law | N.Y. Penal Law § 265.00 et seq.; NY SAFE Act (2013); NY Concealed Carry Improvement Act (2022) — New York's primary firearms laws covering possession, transfer, carry, and prohibited persons. | New York Firearms Code (Full Text) Giffords — New York Gun Laws NRA-ILA — New York |
| Federal Baseline LawApplies in all 50 states | Federal | 18 U.S.C. § 922 — The primary federal firearms statute governing who can own guns, dealer background checks, interstate transfer rules, and federal firearms crimes. Applies in New York and every state. | 18 U.S.C. § 922 (Full Text) ATF State Laws Guide |
Quick Facts
How Gun Laws Are Categorized
To understand firearm regulations across the United States — and in New York specifically — gun laws fall into three broad categories: gun-friendly states, moderate states, and strict states. New York falls into the strict category: 🔴 Strict.
- No background checks for private sales
- No waiting periods
- No permit required to purchase
- No firearm registration
- Permitless (constitutional) carry
- No magazine capacity limits
- Minimal transfer restrictions
- Some background check requirements
- Private sale rules vary
- Concealed carry permits required
- Limited waiting periods
- Some firearm restrictions
- State-level transfer rules
- Universal background checks required
- Mandatory waiting periods
- Firearm registration required
- Permit required to purchase
- Magazine capacity limits
- Assault weapon restrictions
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Quick Answers about New York Gun Laws
A gun transfer occurs whenever legal ownership of a firearm changes from one individual to another in New York. In New York, all transfers must go through a licensed FFL dealer.
- Permitted in New York, but ALL private transfers must go through a licensed FFL dealer for a background check.
- Yes — required for all transfers in New York. All private sales must go through a licensed FFL dealer.
- No — not directly. Federal law requires handgun sales to buyers in other states to go through a licensed FFL dealer in the buyer's state. Online purchases must ship to a local FFL.
- Yes — required and strongly recommended. The FFL dealer retains required records. A GunTransfer bill of sale adds additional protection.
Understanding when a firearm transfer is required and how to complete one legally in New York is essential for responsible gun ownership. GunTransfer makes every private transfer documented and legally protected.
Responsible Firearm Transfers
Responsible firearm transfers in New York help ensure that firearms remain in the hands of law-abiding citizens. In New York, following all state and federal transfer requirements is essential for every transaction.
- Confirming the buyer is legally eligible to possess firearms under New York and federal law
- Verifying the buyer is at least 21 years old and a legal U.S. resident
- Using GunTransfer to run a full background check on the buyer
- Generating a complete GunTransfer bill of sale documenting both parties and the firearm
- Meeting in a safe, public location to complete the transfer
- Keeping a permanent copy of the GunTransfer bill of sale
Responsible firearm transfers help protect New York gun owners from future liability, prevent firearms from reaching prohibited individuals, and demonstrate the law-abiding character of New York’s gun owner community.
New York Gun Law Resources
Complete New York firearms guides and 50-state resources from GunTransfer.com
50 State Guides
Gun Laws by State → How to Buy a Gun by State → How to Sell a Gun by State → Private Gun Sale Laws by State → Gun Transfer Laws by State → Background Check Laws → Waiting Period Laws →New York Law Guides
How to Buy a Gun in New York → How to Sell a Gun in New York → Private Gun Sale Laws in New York → Gun Transfer Laws in New York → Background Check Laws in New York → Waiting Period Laws in New York →Support
Frequently Asked
Questions
What are the gun laws in New York?
New York regulates private firearm sales. All private transfers must go through a licensed FFL dealer for a background check in New York. Pistol License process typically takes months; 30-day minimum for new applicants. Firearm registration is required. See N.Y. Penal Law § 265.00 et seq.; NY SAFE Act (2013); NY Concealed Carry Improvement Act (2022).
Do I need a background check to buy a gun in New York?
Yes. New York requires a background check for all firearm transfers, including private sales. All transfers must go through a licensed FFL dealer.
Is there a waiting period for gun purchases in New York?
New York requires a waiting period: Pistol License process typically takes months; 30-day minimum for new applicants. The buyer cannot take possession until this period elapses.
What is a gun transfer and when is it required?
A gun transfer occurs whenever legal ownership of a firearm moves from one person to another. In New York, all transfers — including private sales — must be processed through a licensed FFL dealer. Interstate transfers always require a licensed FFL in the buyer’s state under federal law.
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New York Gun Law Resources: N.Y. Penal Law § 265.00 et seq.; NY | ATF — Prohibited Persons | 18 U.S.C. § 922 | FBI NICS | Giffords — New York Gun Laws
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- Routed to a local licensed dealer — no markupNew York requires an FFL; we handle the paperwork and records.
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About this guide
- Published by
- Gun Transfer, which has handled private firearm transfers since 2016. Written and maintained in-house.
- Sources
- Federal law (18 U.S.C. § 921–931), the ATF’s published rules and guidance, and the statutes of the state this page covers. Primary sources are linked throughout the text above so you can check any of it yourself.
- Last reviewed
- . Firearm law changes often, and a page that was right in April can be wrong by August.
- Found something wrong?
- Tell us and we will check it: info@guntransfer.com or 855-750-5500.
This is general information, not legal advice. We are not a law firm and no attorney has reviewed this page. Firearm law varies by state and by situation, and the consequences of getting it wrong fall on you — so verify anything you are relying on against your state’s current statute, or ask a lawyer licensed there.
