How New York State’s gun laws compare to the rest of the country

24/7 Wall St. Perspectives

• Gun policy has become one of the most polarizing issues in American politics in recent years.
• Partisan debate over the proper balance between gun rights and gun control has resulted in years of stalled gun control initiatives in Washington, DC and a patchwork of firearms regulations in the 50 states.
• Through a broad set of policies, New York has enacted some of the strictest gun control laws in the country.
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Gun ownership has been a constitutional right in the United States for over two centuries. Under federal law, certain groups—including felons, illegal drug users, and fugitives—are prohibited from owning firearms, and some specific types of firearms—such as fully automatic weapons and short-barreled rifles—are generally prohibited. However, the US has some of the most permissive gun policies in the world.

In recent decades, the increasing regularity of mass shootings has made gun control one of the most polarizing issues in American politics — and attitudes toward firearms have largely split along party lines. According to a 2023 Gallup poll, only 31 percent of likely Republican voters say gun laws should be stricter, compared to 84 percent of likely Democratic voters.

The partisan divide over gun control has yielded little beyond political gridlock in Washington, DC In the absence of legislative action at the federal level, many states have exercised their authority to expand national gun control policies. Others, meanwhile, have taken a decidedly no-nonsense approach.

New York state has implemented some of the strictest statewide gun control policies in the country, according to analysis by the Giffords Law Center, a gun violence prevention group. Considering the wide range of policies available to state governments—including bans on assault weapons and high-capacity magazines, universal background check laws, waiting periods, and restrictions on firearms in public—the Gifford Law Center awarded New York an “A-” letter grade on an AF scale for the strength of its gun control policies. (Here’s a look at the extent of gun laws in each state.)

Firearm regulations are generally designed and implemented to reduce the likelihood of gun violence, and in states with strict gun control laws, gun death rates tend to be relatively low. According to data from the Centers for Disease Control and Prevention, there were 1,044 gun-related deaths in New York in 2022, or about 5.3 for every 100,000 people, the fifth lowest rate of gun deaths of the 50 states. (Here’s a look at the US cities where gun crime is on the rise.)

Using data compiled by Gifford’s Law Center, 24/7 Wall St. reviewed New York’s approach to 14 key gun control policy areas. It is important to note that the laws in this list are not exhaustive and are only general guidelines. Legal nuances can vary at the state and local level.

Why it matters

With the exception of modest revisions to background check protocols, the US has not implemented any significant gun control reform in decades. However, state governments also have the authority to enforce their own policies, resulting in a patchwork of gun laws across the 50 states. New York State currently ranks as having some of the strongest statewide firearms regulations in the country.

Universal background check laws

• State Policy: Under federal law, all gun buyers must pass a background check before obtaining a firearm from a licensed retailer – but transfers from unlicensed retailers are exempt from background check requirements . New York is one of several states that have closed this loophole, with universal background check laws that cover both licensed and unlicensed dealers.

Mental health reporting

• State Policy: New York must report people involuntarily committed to inpatient mental health treatment in federal background check databases, as well as those living with a guardian because they cannot manage their own business. However, the state is not required to report those who are involuntarily treated in outpatient facilities.

Concealed carrying of a firearm

• State policy: A permit is required to carry a concealed firearm in public places in New York.

Regulations for open carry of handguns

• State Policy: The open carrying of handguns in public places is prohibited in New York.

Long Weapons Open Carry Regulations

• State policy: In New York, the open carry of long guns is not legally prohibited in certain public places.

Respect your fundamental laws

• State policy: Under state law, people have a duty to retreat, if possible, before using deadly force outside the home.

Guns in schools

• State policy: In New York, firearms can only be carried in K-12 schools by school security officers who have an “armed guard special registration” card.

Mandatory waiting periods for the purchase of firearms

• State policy: There is no mandatory waiting period for purchasing firearms in New York.

Assault weapons

• State Policy: Assault weapons are effectively banned in New York and are defined by the presence of specific features, including pistol-grip action rifles and rifles with a collapsible or telescoping stock. New York provides exemptions for assault weapons purchased before the ban went into effect.

High capacity magazines

• State policy: All firearms in New York are limited to a maximum capacity of 10 rounds.

Licensing Requirements

• State policy: In New York, prospective gun buyers must have obtained a license to both purchase and possess a handgun or semi-automatic rifle.

Statewide bans on who can own firearms

• State policy: In New York, people who have been convicted of a violent or gun-related crime are subject to restrictions on access to firearms.

Minimum age requirements for handguns

• State policy: In New York, individuals must be at least 21 years old to purchase or own a handgun.

Minimum age requirements for long guns

• State policy: In New York, people must be at least 21 years old to buy or own a long gun, such as a rifle or shotgun.

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