How Do Gun Laws Vary Across New York?
Knowing the unique rules of New York City and New York state can help gun owners understand their legal rights and obligations.

July 09, 2011 /24-7PressRelease/ -- New York has some of the strictest and most complicated gun laws in the country. Adding to the complexity is the fact that New York City has different gun laws than New York state. Knowing the unique rules of New York City and New York state can help gun owners understand their legal rights and obligations.

New York State Laws -- Rifles and Shotguns

New York residents do not need permits to purchase rifles or shotguns in New York state, and it is legal to purchase them in neighboring states and carry them into New York, as long as the purchaser is otherwise eligible to possess a rifle or shotgun. However, it is illegal to carry a loaded shotgun or rifle in a vehicle.

In general, New York residents also do not need permits to possess rifles or shotguns in New York, as long as the rifle barrel is at least 16 inches long or the shotgun barrel is at least 18 inches long. However, people with felony convictions and people who have been certified mentally incompetent may not possess rifles or shotguns.

Generally, children under age 16 are not allowed to use firearms except in limited circumstances on shooting ranges.

New York State Laws - Handguns

The laws governing handguns differ from those for rifles and shotguns. Residents need permits both to purchase and possess handguns. Residents must be at least 21 years old to apply for a permit to possess a handgun, unless they were honorably discharged from the military, in which case they may apply if they are 18 years old or older. To receive a permit, an applicant must demonstrate his or her need to carry a handgun for self-defense, target-shooting or hunting purposes.

After reviewing the application, a licensing officer may issue a handgun permit for home possession only, for possession in the applicant's place of employment only, or an unrestricted permit to carry.

Miscellaneous New York State Gun Laws

Possessing a loaded handgun in New York is a felony with a mandatory sentence of 3.5 to 15 years in prison. In addition, it is illegal to fire a gun at another person in public, or anywhere another person is likely to be endangered such as within 500 feet of a home, church, school or business, except in self-defense. It is also illegal to deface the serial number of a gun or buy a gun with a defaced serial number.

New York City Gun Laws

A New York City permit and a certificate of registration is required to purchase or possess any type of firearm in New York City, including rifles and shotguns. A permit issued in any other part of the state is not valid in New York City, unless the gun holder is travelling uninterrupted through the city with the gun in a locked container, is in the military, is a peace officer, is a member of a civilian or collegiate rifle club, or is transporting guns as merchandise.

Similar to New York state's permit system, New York City offers different types of permits, including permits to possess a gun in one's residence or place of business, permits to posses target handguns and permits to carry guns. To get a license to carry a gun, applicants must demonstrate a need to carry a gun on their person on their applications and, if granted, they must keep their licenses with them at all times when carrying handguns.

To bring a rifle or shotgun in public in New York City, it must be enclosed in a carrying case. To legally have a rifle or shotgun in a vehicle, it must not be loaded and not easily accessible. A rifle or shotgun may be kept without a case in the trunk of a vehicle, but it must be unloaded.

Carrying a loaded rifle or shotgun within city limits is a misdemeanor punishable by a fine of up to $1,000 and/or a jail sentence of up to one year for a first offense. Carrying an uncased rifle or shotgun is a misdemeanor punishable by a fine of up to $50 and/or a 30 day jail sentence for a first offense.

It is illegal to fire a gun within city limits, except for certain areas the police have designated or in self defense.

The penalties for possessing a gun illegally in New York are severe. If you are facing charges involving gun possession, promptly contact an experienced criminal defense attorney.

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