Know the Laws: New York
UPDATED October 29, 2012
Below is information about state gun laws in New York. A restraining order or criminal conviction may make it illegal for an abuser to have a gun. However, in addition to these state-specific laws, there are also federal gun laws that could apply. To fully understand all of the legal protections available, it is important that you also read the Federal Gun Laws pages.
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the NY Where to Find Help page to find domestic violence organizations and legal help in your area.
- Definitions
- Basic Info about New York State Gun Laws
- Guns and Orders of Protection
- Guns and Criminal Convictions
- The Abuser Isn't Supposed to Have a Gun...Now What?
- More Information and Where to Get Help
Basic Info about New York State Gun Laws
back to topThe abuser has a gun. When can his gun be taken away?
Under NY state law, if a person is convicted of any felony or serious offense, s/he cannot get or renew a gun license.* If s/he already has a gun license and is later convicted of a felony or serious offense, the license to have a gun will be automatically revoked (canceled).**
* NY Penal Law §400.00(1)
** NY Penal Law §400.00(11)
back to topIf the judge orders the abuser's gun to be taken away in my order of protection, how will it be taken away?
If the abuser's gun(s) is taken away by the judge when you get an order of protection, the judge is supposed to write the date, time, and place where the abuser is supposed to surrender (turn in) his guns on the order. If possible, the judge is also supposed to describe the guns to be turned in. The suspension of the abuser's gun license will be in effect for as long as the order of protection lasts.*
The abuser has the option of either giving the gun(s) to a law enforcement agency for the period of time that you have the order of protection or selling them to a licensed firearms dealer.**
* NY Family Court Act 842-a(4)
** NY Penal Law §400.05(6)