State Gun Laws - New York - Saul Roth

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By Saul Roth

Here’s an overview of gun laws in the state of New York. Please note that laws can change over time, so it’s always a good idea to consult the most current and official sources or legal professionals for the most up-to-date information.

Permits and Licensing:

1. New York requires a permit to purchase both handguns and long guns (rifles and shotguns). To obtain a permit, individuals must apply with their local licensing authority, typically the county sheriff or police department.

2. Handgun permits are generally more difficult to obtain and require a demonstrated need for self-defense, such as a job that involves carrying large sums of money or personal safety concerns.

3. Long gun permits are generally easier to obtain, but still require a background check and completion of the application process.

Firearm Purchase and Transfers:

1. All firearms sales, including private sales, require a background check in New York. The background check is conducted by the licensed firearms dealer or through the New York State Police for private transfers.

2. New York has a waiting period of up to 30 days for firearm transfers.

Assault Weapons and High-Capacity Magazines:

1. New York has stricter regulations on assault weapons and high-capacity magazines. The state bans certain firearms classified as assault weapons by name and also includes a broader definition of firearms with specific features.

2. Possession of high-capacity magazines (holding more than 10 rounds) is generally prohibited, with limited exceptions.

Safe Storage and Reporting:

1. New York requires firearms to be stored safely when not in use to prevent unauthorized access. Secure storage is particularly emphasized when the firearm is in a residence where a person prohibited from possessing a firearm also resides.

2. There is no specific requirement to report the loss or theft of a firearm in New York, but it is advisable to report such incidents to local law enforcement.

Carrying Firearms:

1. New York has strict regulations on carrying firearms. A permit is required to carry a concealed handgun outside of one’s home. Permits are generally restricted to individuals who can demonstrate a justifiable need, such as personal safety concerns.

2. Open carry of firearms is generally prohibited in New York, even with a permit. Exceptions exist for certain activities like hunting and target shooting.

Stand Your Ground Law:

1. New York does not have a Stand Your Ground law. The state follows a “duty to retreat” principle, which means individuals must attempt to avoid or retreat from a threat before using force, including deadly force, in self-defense.

It’s important to consult the official New York state statutes or seek legal advice to obtain comprehensive and up-to-date information on the specific provisions and requirements of New York’s gun laws.