New York regulates everything about weapons possession from accessories that you may add to a firearm, shotgun or rifle to the weight and size of that firearm. New York regulates bullets, magazines, clips, and even sling shots and knives so it is important to understand that New York Gun Laws are not only about the gun itself but about any accessories that you may have or add to a particular gun.
New York requires both licensing and registration of handguns. Although the law is not clear on this topic, many prosecutors take the position that it is not enough to have a license to possess a firearm (despite the statutory exemption that exists for license holders), but rather the serial number of a particular firearm must be typed on the back of that license. In other words we have represented firearms license holders who have been arrested for possessing handguns that were not registered on their license.
Firearms licenses in New York can be expensive, complicated to apply for and take a very long time to obtain. In addition, New York offers a myriad of different types of gun licenses many of which are not defined by any law but rather exist according to local custom or regulation. Different jurisdictions within New York State issue different types of licenses and each type has its own requirements to qualify for that type of license. Sometimes even within the same County or Jurisdiction, more than one licensing officer may exist and have different standards for the issuance of a particular type of license. In Counties where gun licenses are issued by the County Court Judges, some Judges may be pro-gun and more readily issue licenses and some may be anti-gun and be less likely to issue gun licenses.
It is a felony to even touch an unloaded firearm at a range or in a gun store in New York without a firearms license. In addition, because New York is a “may issue” state, it is not uncommon for gun licenses to be suspended or revoked for a variety of reasons including arrests (whether or not a person was convicted) or other issues.
It is also fairly easy to lose your gun rights in New York either temporarily or permanently. A relative new area of the law in New York surrounds Extreme Risk Protection Orders (ERPOs) or as there commonly known Red Flag laws. These laws give the police, family members or a school the authority to ask a Judge to take away your gun rights for a year. In addition, the existence of an Order of Protection or a criminal conviction can both result in either a temporary or permanent loss of gun rights. However, in many cases Judges have the ability to restore a person’s gun rights. In some cases the authority is left to a State agency to restore gun rights. In either case, gun rights are an important civil right that can be restored in many cases.
Passed in 2013 the New York SAFE Act dramatically increased the regulation of firearms and firearm accessories in New York. While several provisions of the SAFE Act were ruled to be unconstitutional, most provisions are still enforced in New York. It is important that gun owners understand the Safe Act and its implications for the types of firearms, rifles and shotguns that can be owned, the way we purchase ammunition and the capacity of firearm, rifle and shotgun magazines.
New York Gun laws are complex and constantly changing. It is essential that New York gun owners take the time to learn about and understand the gun laws that most affect them. If a gun owner has questions they can contact one of our experienced New York gun attorneys.
