New York weapons laws are strict and have changed significantly since the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen and the legislation that followed. Some charges carry mandatory prison terms, so every possession case deserves a careful look at the search and at the licensing facts.
Common charges
- Criminal possession of a weapon in the fourth degree (PL § 265.01): a class A misdemeanor covering many weapons other than loaded firearms.
- Criminal possession of a firearm (PL § 265.01-b): a class E felony.
- Criminal possession of a weapon in the second degree (PL § 265.03): a class C violent felony, which includes possessing a loaded firearm outside one’s home or place of business.
- Possession in a sensitive or restricted location (PL §§ 265.01-d and 265.01-e).
Key defense issues
- Whether the stop and search of the person, car or home were lawful.
- Whether the item is legally a “firearm,” “loaded” or operable, which often requires testing.
- Whether possession can be proved when the weapon was found in a shared space.
- Valid licenses from New York or elsewhere and how they apply to the facts.
Questions clients ask
I have a carry license from another state. Does it apply in New York?
Generally no. New York does not recognize out-of-state carry licenses, and carrying a loaded handgun in New York without a New York license can be charged as a felony. If you were arrested this way, the specific facts and travel route matter.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.