New York gun laws

What a New York buyer can own, what needs a licence first, and why this catalog is shorter than the national ones.

This is general information, not legal advice. New York gun law changes often and parts of it are still being litigated. Read the current Penal Law, check what your own licensing officer requires, and talk to a New York attorney about your situation. Reviewed September 2026.

New York regulates firearms at three levels at once: federal law, state law, and in the five boroughs a city code that goes further than the state. A gun that is ordinary in Pennsylvania can be a felony in Brooklyn. That is why we filter the catalog against New York rules before anything is listed, rather than letting you pay for something your dealer has to refuse.

The SAFE Act

The New York Secure Ammunition and Firearms Enforcement Act of 2013 is the backbone of the current rules. It rewrote the "assault weapon" definition into a one-feature test, dropped the magazine limit from ten rounds to seven and then back to ten after a federal court struck the seven-round load limit down, required a background check on nearly every private transfer, and added storage, reporting and ammunition provisions. Owners of guns that became assault weapons under the 2013 definition had to register them with the State Police by April 2014; that window is closed, and those guns cannot be sold to a New York buyer.

What counts as an "assault weapon"

Penal Law 265.00(22) sets a one-feature test. For a semi-automatic rifle that can accept a detachable magazine, any one of these makes it an assault weapon:

a folding or telescoping stock;
a pistol grip that protrudes conspicuously beneath the action;
a thumbhole stock;
a second handgrip or a protruding grip the non-trigger hand can hold;
a bayonet mount;
a flash suppressor, muzzle brake, muzzle compensator or threaded barrel designed to take one;
a grenade launcher.

For a semi-automatic shotgun the listed features are a folding or telescoping stock, a thumbhole stock, a second handgrip, a fixed magazine holding more than seven rounds, or the ability to accept a detachable magazine. Separately, any shotgun with a revolving cylinder is an assault weapon whatever its action. For a semi-automatic pistol that takes a detachable magazine the list includes a folding or telescoping stock, a thumbhole stock, a second handgrip, a threaded barrel, a shroud that lets the support hand hold the barrel, a magazine that attaches outside the pistol grip, and a semi-automatic version of a fully automatic firearm.

Pump, lever, bolt and break-action guns are not caught by the feature test at all. Neither are revolvers. That is most of what we sell.

Magazines: ten rounds

New York defines a magazine holding more than ten rounds as a large capacity ammunition feeding device (Penal Law 265.00(23)). Possessing one is charged under Penal Law 265.02(8), and Penal Law 265.37 separately covers possessing a feeding device loaded with more than ten rounds. The statutory exceptions are narrow. We do not list a magazine over ten rounds for any buyer, in any state.

Background checks

Every sale runs through a dealer. Buying from a shop means ATF Form 4473 and a background check. Since the SAFE Act, a private sale between two unlicensed people also has to go through a licensed dealer, with narrow exceptions for certain immediate family transfers.
The State Police run the check. Since September 2023 New York has been a point-of-contact state: your dealer contacts the State Police, who run the federal NICS check alongside the state ones. A small statutory fee applies, and the dealer passes it on.
Buying online ends the same way. The firearm ships to a licensed dealer, who runs the check when you collect it — exactly how we ship every gun.

Long guns

Outside New York City: a shotgun or a non-semi-automatic rifle needs no state permit. You must be 18 or older and not prohibited.
In New York City: you need an NYPD rifle/shotgun permit before you can take possession of any long gun, and the city's own code defines "assault weapon" more broadly than the state does. Check with the NYPD License Division before you order.
Semi-automatic rifles: since September 2022 New York has required a licence to buy or take possession of one, with a minimum age of 21. Ask your licensing officer and your dealer whether a particular rifle falls inside that requirement before you order it.

Pistols need a licence first

A handgun cannot be transferred to a New Yorker who does not already hold a New York pistol licence (Penal Law 400.00). Licences are issued by a licensing officer — a judge or county official upstate, the NYPD License Division in the city — and they are issued to a person, not to a shop. In New York City and in many counties each handgun you buy is added to your licence before the transfer, so there is paperwork to do before the gun ships. Licences must be recertified with the State Police on a five-year cycle. Our pistol licence guide walks through the city process.

Carrying

There is no lawful concealed carry in New York without a carry licence, and no open carry. After the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, the state rewrote its rules: the old "proper cause" showing is gone, replaced by a set of requirements including training, an in-person interview, character references and a "good moral character" standard, plus a long list of sensitive locations where carry is prohibited regardless of the licence. Parts of that package are still in litigation, so check the current State Police and NYPD guidance rather than an article from last year.

Safe storage

Penal Law 265.45 requires a firearm to be kept in a locked container, or fitted with a safety locking device, whenever it is not in your immediate possession, if you live with anyone under eighteen or with anyone barred from possessing a firearm. New York City and some other localities impose stricter storage rules. A quick-access safe satisfies the law and still lets you reach the gun.

Ammunition

Ammunition has to be transferred in person by a licensed seller in New York, and since September 2023 a background check runs on ammunition sales. That is why an online ammunition order here ships to a licensed New York dealer instead of your door. See buying ammunition in New York.

New York City goes further

The five boroughs add a permit for long guns, a separate licence scheme for handguns, a broader local definition of "assault weapon", and their own rules on ammunition and storage. Nothing on this page overrides the city code. If you live in Brooklyn, Queens, Manhattan, the Bronx or Staten Island, start with the NYPD License Division and with our Brooklyn buying guide.

Prohibited persons

State law and federal law (18 U.S.C. 922(g)) both list people who may not own or possess a firearm, including anyone convicted of a felony or a serious offense, people subject to certain court orders, and people barred on mental-health grounds. If you are unsure whether an old case affects you, ask a New York attorney before you buy or handle a firearm.

Hunting

Seasons, legal implements and zone boundaries are set by the Department of Environmental Conservation and change from year to year. Which counties allow a rifle for deer, and which are shotgun, muzzleloader, crossbow or handgun only, is set separately and has changed more than once in recent years. Check the current DEC regulations for the county you will hunt, and see our deer rifle guide for calibers.

Official sources

New York Penal Law, Article 265 and 400 — nysenate.gov
New York State Police, pistol permits and background checks — troopers.ny.gov
NYPD License Division — nyc.gov (city pistol licences and rifle/shotgun permits)
NYS Department of Environmental Conservation — dec.ny.gov (hunting seasons and legal implements)
ATF — atf.gov (federal firearms rules)

Do you need a permit to buy a gun in New York?

It depends on the gun and on where you live. A shotgun or a non-semi-automatic rifle needs no state permit outside New York City. A semi-automatic rifle has needed a licence since September 2022. A handgun needs a New York pistol licence before any dealer may transfer it. And in New York City every long gun needs an NYPD rifle/shotgun permit as well.

What is the SAFE Act?

The New York Secure Ammunition and Firearms Enforcement Act of 2013. It widened the definition of an "assault weapon" to a one-feature test, cut the magazine limit to ten rounds, required a background check on nearly every private sale, and added storage and reporting rules. Most of the restrictions this shop filters for come from it.

What makes a rifle an "assault weapon" in New York?

Under Penal Law 265.00(22), a semi-automatic rifle that can take a detachable magazine and has even one listed feature: a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action, a thumbhole stock, a second handgrip, a bayonet mount, a flash suppressor, muzzle brake or threaded barrel, or a grenade launcher. One feature is enough, which is why AR and AK-pattern rifles are off the table here.

What is the magazine limit in New York?

Ten rounds. A device that holds more than ten is a "large capacity ammunition feeding device" under Penal Law 265.00(23), and possessing one is charged under 265.02(8). Penal Law 265.37 separately covers possessing a feeding device loaded with more than ten rounds. We do not list any magazine over ten rounds.

Do private gun sales in New York need a background check?

Yes. Since the SAFE Act, a sale or transfer between two unlicensed people has to go through a licensed dealer who runs the check. The statute carves out transfers between certain immediate family members. Read it before relying on that.

Who runs the background check now?

The New York State Police. Since September 2023 the State Police have been the state point of contact, so your dealer contacts them rather than the FBI directly, and a small statutory fee applies to firearm and ammunition checks.

Do I need a licence for a semi-automatic rifle?

New York has required a licence to buy or take possession of a semi-automatic rifle since September 2022, and set the minimum age at 21. The licence is issued by the same officers who issue pistol licences. Which rifles the requirement reaches is a question for your licensing officer and your dealer, so ask both before you order one.

Does New York register firearms?

Handguns effectively are. A pistol licence records the licensee, and in New York City and many counties each handgun is added to the licence. Long guns are not registered statewide, but New York City keeps records of the rifles and shotguns held under its own permits.

How must I store a gun in New York?

Penal Law 265.45 requires a firearm to be kept in a locked container or fitted with a safety locking device when it is not in your immediate possession, if you live with someone under eighteen or with someone barred from possessing a firearm. Local rules, including New York City, can go further.

Who is prohibited from having a gun in New York?

State and federal law (18 U.S.C. 922(g)) both bar certain people, including anyone convicted of a felony or a serious offense, people subject to certain court orders, and people barred on mental-health grounds. The rules on restoring rights are complicated. Talk to a New York attorney before touching a firearm if any of this might apply to you.