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Getting Your Pistol License in New York

New York State has a well-deserved reputation for having some of the strictest gun laws in the nation, and with respect to the issuance of Concealed Carry Weapon licenses ("CCW"), New York is considered a "may issue" state. That is, the jurisdiction is one that requires a license to carry a concealed handgun, and where the granting of such licenses is largely at the discretion of local authorities.

Concealed Carry is only legal with a New York Pistol License. The minimum age is 21, with the exception of honorably discharged members of the military, who can be any age. NY doesn’t recognize permits/licenses from any other states and only residents, part-time residents or anyone who is principally employed or has his or her principal place of business can obtain NYPLs. The one exception are pistol licenses from New York City, which are valid statewide. In addition, a NYS Pistol License is not valid in the five counties that make up New York City. No handguns can be taken into the city unless New York City has validated your license. No training is required to obtain a NYS Pistol License, except for residents of Westchester county and possible some others as the laws for various Counties are changing. It is advisable to check with local law enforcement, or an attorney as to the current laws regarding gun ownership. Some areas are off-limits, including schools and courthouses. There are several types of State Licenses available, but the most commonly issued are the Premises License, Sportsman/Sportsperson, Business and Concealed Carry. Carry Licenses may be endorsed with restrictions such as only to be carried during hunting or traveling to or from target practice and Business Licenses may restrict locations, days and times. In terms of reciprocity, New York does not honor permits from any other states.

CCW licenses within the state fall generally into three (3) distinct categories. The first and most common class issued to residents is for Premise which allows the license holder to own a handgun and be able to take it to the range for sport and competition. The Sportsmen, or Sportsperson class of license permits an individual to transport a handgun to and from his or her residence to a range or area where Hunting is legally permitted in addition to Hiking, Camping and Fishing. Next, residents may apply for a pistol license endorsed for Business purposes.  This class of license permits an individual to either possess at the Business Premise, and/or Carry a concealed firearm while it is necessary to conduct business and/or employment for which the license is issued including banking.  Importantly, the firearm may only be carried while actually engaged in employment. This means the firearm may not be carried at any other time or for any other employment not listed on the license. Finally, County agencies may issue an unrestricted license for retired law enforcement officers and/or for general self-protection purposes where "Proper Cause" can be shown.  This class of license carries no restrictions and permits the individual to carry a concealed firearm at all times.

Not surprisingly, each class of license comes with an increasingly heavy burden on the applicant in order to establish the "Proper Cause". As can be imagined with today’s governmental focus on restricting gun ownership applications are up in some jurisdictions over 50%, thus burdening the licensing departments that would just rather deny than approve, relying on an insufficient showing of “Proper Cause”, even though Proper Cause is vaguely defined. Many of the applicants for CCW are business owners who have found themselves the target of crime, or just looking to protect themselves have submitted many of these applications.  Even still, applicants must jump through hoops to show how they are distinct from the average citizen that is allegedly protected by local police. It is required in almost all Counties including the City of New York that each applicant submit a very specific set of documents demonstrating, among other things, necessity, the nature of the business, where transactions take place, corporate documentation, the amount of weekly business cash flow and the number of business cash deposits made per week. Although these requirements are undeniably exacting and strict, law-abiding citizens will find that they are not insurmountable, and Pistol Permit Lawyers is here to help!

Self-Defense

New York has a self-defense law based on the Castle Doctrine. In NY, citizens have the duty to retreat from attackers if they feel they can safely do so, except in the home.

Use of Physical Force

A person may use physical force in self-defense, defense of a third person, in defense of premises, or in order to prevent larceny of or criminal mischief to property.  

A person may use physical force when the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission of a crime involving damage to premises, or to prevent or terminate the commission of a criminal trespass, larceny or of criminal mischief with respect to property. Any degree of physical force other than deadly physical force can be used.

Use of Deadly Force

Deadly force can only be used if the actor reasonably believes that:

• Another person is using or about to use deadly physical force. However, the actor may not use deadly physical force if he or she can retreat with complete personal safety, except that the actor has no duty to retreat if he or she is in his or her dwelling and not the initial aggressor, or.
• Another person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery, or;
• Another person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized.

Consolidated Laws of New York's Penal code

New York City

New York City (NYC) has its own rules for purchasing and carrying firearms. To own a handgun, you need a valid New York City handgun license. To own a rifle or shotgun, you need a New York City-issued license. Concealed Carry is only legal with a New York City Pistol License. The minimum age is 21, with the exception of honorably discharged members of the military, who can be any age. NYC doesn’t recognize permits/licenses from any other Counties in the State of New York, or any other States and only residents, part-time residents or anyone who is principally employed or has his or her principal place of business can obtain NYPLs. The one exception are pistol licenses from New York City, which are valid statewide. In addition, a NYPL is not valid in the five counties that make up New York City. No handguns can be taken into the city unless New York City has validated your license. No training is required to obtain a NYPL, except for residents of Westchester county. Some areas are off-limits, including schools and courthouses. There are several types of NYPLs available, but the most commonly issued are the concealed carry and possess on premises licenses. Both licenses can be endorsed with restrictions such as only to be carried during hunting or traveling to or from target practice. In terms of reciprocity New York City does not honor permits from any other states, or Counties within the State of New York itself without being validated by NYPD*.

Types of NYC licenses including the following:

Premises License - This is a restricted type of license issued for your residence or business. The licensee may possess a handgun ONLY on the premises of the address indicated on the front of the license. Licensees may also transport their handguns and ammunition in separate locked containers, directly to another residence or place of business where the licensee is authorized to possess the handgun, to and from an authorized range, shooting competition or hunting location. Transport within NYC must be continuous and uninterrupted.

Carry Business License - This license permits the carrying of a handgun concealed on the person valid for the business name, address and handguns listed on the license.

Limited Carry Business License - The licensee may only carry the handgun indicated on the license in accordance with the specific limitations listed on the license. At all other times, the handgun must be safeguarded within the confines of the address listed on the front of the license stored unloaded in a locked safe.

Special Carry License* - This license is valid for the business name, address and handguns listed on the license, only while the licensee has in his possession a valid carry county license issued according to the provisions of Article 400 of the N.Y.S. Penal law. 

Carry Guard License - Applications for this type of license must be made with the documentation provided by a company's gun custodian. It is issued only for the handgun listed on the license and only carried while the licensee is actively engaged in employment for the company whose name appears on the license and/or while licensee is in transit directly to or from residence and place of employment. At all other times, the handgun must be stored unloaded in a locked container, at either the address on the license or at the employee's legal residence.

CONCLUSION
The Constitutions of the United States and the Civil Rights Law of the State of New York both provide that the right of law-abiding citizens to bear arms shall not be infringed. However, in the State of New York, this right is heavily regulated and the guidelines of the licensing authority generally must be followed to the letter. Any deviation, or omission could result in the denial of an application that can cause needless expense and prolonged delay.

Due to the strict requirements and careful investigation procedures implemented throughout the State, even law-abiding citizens may have trouble obtaining a pistol permit in Suffolk County.  If you have any doubt about your qualifications for a Business Class CCW License, or any of the rules, regulations and documentation required in support of your application, contact us immediately. The advice of an attorney with expertise in navigating New York’s complex and frequently changing laws governing firearms ownership can be the key difference in the approval or denial of your application. Pistol Permit Lawyers can advise you appropriately in these complex areas.