New York does not have full state preemption of local firearms laws. Penal Law Article 265 sets the statewide floor, but localities — especially New York City — impose stricter licensing under the Sullivan Law (1911). Cities may regulate firearms in areas not occupied by state law.
New York occupies much of the firearms regulatory field through Penal Law Article 265 and the State Administrative Procedure framework, but it does not fully preempt local action. The Sullivan Law of 1911 (codified in Penal Law §400.00) requires a license issued by the local licensing officer — typically a county judge upstate, or the NYPD License Division in New York City — to possess a handgun. After the Supreme Court struck down NY's "proper cause" requirement in NYSRPA v. Bruen (2022), the Legislature passed the Concealed Carry Improvement Act (Chapter 371 of 2022), which expanded "sensitive locations" where carry is prohibited and added training requirements. The NY SAFE Act (2013) bans assault weapons and limits magazine capacity to 10 rounds. Localities, particularly NYC, layer additional rules on registration, transport, and ammunition sales.
Possession of an unlicensed handgun is a class C or E felony under Penal Law §265.01-b/§265.03. Penalties include 3.5-15 years prison. NYC violations of NYC Admin Code §10-131 add separate penalties up to $1,000 and one year jail.
Gates, NY
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