New York State Weapons Laws
- The right to bear arms is guaranteed by the 2nd Amendment to the United States Constitution. But because the high court has not spelled out the specific parameters of that right, you must consult state law to ensure that your behavior is lawful. In New York state law governs your rights and responsibilities as to firearms and other weapons. Some weapons must be registered, some can be purchased without registration and others are strictly forbidden.
- In New York State, handguns are subject to numerous regulations. You must acquire a permit to purchase a handgun, it must be registered with the state, you must have a license to own one and you must have a permit to carry a handgun.
To qualify for a handgun license, you must be 21 years of age, be mentally competent, have no felony record and not be bound by the requirements of a protective order. People who have been honorably discharged from the military do not have to be 21 years of age. You must apply with the licensing officer in your city or county who decides whether you should be granted a license. But if your application is denied the officer must give the reasons for denial in writing. While the denial can be appealed to a court, it will only be overturned if the decision is determined to be arbitrary and capricious.
A New York resident can receive a concealed weapon permit. New York does not honor out-of-state concealed-carry permits, but a New York permit is honored in Alaska, Arizona, Idaho, Indiana, Kentucky, Michigan, Missouri, Montana, Oklahoma, South Dakota, Tennessee, Texas, Utah and Vermont. - No permit, registration or licensing is required to to purchase rifles and shotguns except in New York City.
- Some rifles with high ammunition capacity are illegal.Main Battle Assault Rifle image by Peter Orsaeo Sr from Fotolia.com
So-called "assault weapons" are illegal in the State of New York. The law on what constitutes an "assault rifle" is complex and controversial, but generally, a gun that has an ammunition capacity that exceeds five rounds and has at least one other feature such as a bayonet mount, a flash suppressor or a grenade launcher is deemed to be an assault weapon. - It is illegal to deface or alter a serial number on a firearm or to sell a firearm with an altered or defaced serial number. Being in possession of a firearm with defaced or altered serial number creates the legal presumption that you have altered the serial number. You will have to overcome this burden in a courtroom.
- If your gun is stolen, you must report this fact to the police within 24 hours. Failure to do so can result in a $100 fine.
- New York completely bans nunchucks, the martial arts weapon that connects two pieces of wood with a chain. A federal appeals court held that the ban was constitutional because nunchucks are used primarily by muggers and street gangs to attack people.
Along with nunchucks, just about any weapon that is commonly associated with martial arts or gang activity is illegal in New York. This includes daggers, throwing stars, brass knuckles and blackjacks.
Handguns
Rifles and Shotguns
Assault Weapons
Altering a Serial Number
Reporting Theft
Martial Arts Weapons
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