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Legal Information: New York

State Gun Laws

Updated: 
July 7, 2023

I am a victim of domestic violence and the abuser has a gun. Is that legal?

Under New York state law, a person can get a gun license or renew an existing gun license if s/he:

  1. is over age 21 - however, someone who was honorably discharged from the Armed Forces can be under 21;
  2. is of “good moral character,” which is defined as having the character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others;
  3. has not been convicted anywhere of, and does not have an outstanding arrest warrant for, a felony or a serious offense;
  4. is not a fugitive from justice;
  5. is not an unlawful drug user or addicted to any controlled substance;
  6. is not an undocumented immigrant or has not renounced his or her U.S. citizenship;
  7. has not been discharged from the Armed Forces under dishonorable conditions;
  8. has not been involuntarily committed to a mental health facility by a judge;
  9. has not been the subject of a report made pursuant to section 9.46 of the Mental Hygiene Law;
  10. has not had his/her gun license revoked or who is not under a suspension or ineligibility order;
  11. has successfully completed a firearms safety course and test in counties where this is required and where applicable; and
  12. has not had a guardian appointed for him/her based on subnormal intelligence, mental illness, incompetency, incapacity, condition or disease, or that s/he lacks the mental capacity to contract or manage his or her own affairs.1

If someone wants to get a license to carry a concealed firearm, there are additional restrictions. In addition to meeting the requirements above, the person must:

  • not have been convicted within the past five years of any of the following:
  • meet in person with the licensing officer for an interview to provide the following:
    • names and contact information for the applicant’s current spouse or domestic partner and anyone else living in the applicant’s home;
    • names and contact information for four character references who can attest to the applicant’s good moral character and confirm that the applicant has not engaged in any acts, or made any statements that suggest s/he is likely to do something that would result in harm to him/herself or others;
    • certification of completion of the training required; and
    • a list of former and current social media accounts of the applicant from the past three years.2

1 NY Penal Law § 400.00(1)
2 NY Penal Law § 400.00(1), (2)