Subchapter A: Issuance of Handgun Licenses
As used in this chapter, the term "handgun" shall mean a pistol or revolver. This section contains a description of the various types of handgun licenses issued by the Police Department.
(a) Premises License - Residence or Business. This is a restricted handgun license, issued for a specific business or residence location. The handgun shall be safeguarded at the specific address indicated on the license, except when the licensee transports or possesses such handgun consistent with these Rules. In addition to the safeguarding requirements set forth in § 265.45 and § 265.50 of the Penal Law (Failure to safely store rifles, shotguns, and firearms in the first and second degree, respectively), a licensee must safeguard their handgun in a locked container, and use a safety locking device, when such handgun is out of their immediate possession or control.
(b) Carry License - New York Resident or Non-Resident. This is a class of license which permits the carrying of a handgun concealed on the person.
(c) Carry Guard License / Gun Custodian License. These are restricted types of carry licenses, valid when the holder is actually engaged in a work assignment as a security guard or gun custodian.
(d) Special Licenses. Special licenses are issued according to the provisions of § 400.00 of the New York State Penal Law, to persons in possession of a valid New York State County Carry License. The revocation, cancellation, suspension or surrender of such person's County License automatically renders their New York City license void. The holder of a Special License shall carry their County Carry License and their Special License at all times when possessing a handgun pursuant to such Special License.
(1) Special Carry License. This is a special license, permitting the carrying of a concealed handgun on the person while the licensee is in New York City.
(2) Special Carry Guard License / Gun Custodian License. These are restricted types of special licenses that permit the carrying of a concealed handgun on the person only when the licensee is actually engaged in the performance of their duties as a security guard or gun custodian.
(Amended City Record 6/21/2019, eff. 7/21/2019; amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
The requirements for the issuance of a Premises License are listed below, which are in addition to any other bases for disqualification pursuant to federal, state, and local law. The license application shall be investigated, including a review of the circumstances relevant to the information provided in the application. During the pendency of the application, the applicant shall notify the License Division of any necessary correction to or modification of the information provided in the original application, or any change in their status or circumstances, which may be relevant to the application. The applicant shall:
(a) Be of good moral character, which shall mean having the essential 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 another. For the purposes of the preceding sentence, the use of force that is reasonably necessary to protect oneself or others shall not be construed as endangering oneself or others;
(b) Have no prior conviction for a felony or other serious offense, as defined in § 265.00(17) of the New York State Penal Law, or of a misdemeanor crime of domestic violence, as defined in § 921(a) of title 18 of the United States Code;
(c) Disclose whether the applicant is or has been the subject or recipient of an order of protection, a temporary order of protection, or an extreme risk protection order;
(d) Have no prior revocation of a license pursuant to § 530.14 of the New York State Criminal Procedure Law or § 842-a of the New York State Family Court Act, nor be the subject of a suspension or an ineligibility order issued pursuant thereto;
(e) Disclose any history of mental illness;
(f) Be free from any disability or condition that may affect the ability to safely possess or use a handgun;
(g) Reside or maintain a principal place of business within the confines of New York City;
(h) Be at least 21 years of age.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
(a) In addition to the requirements in 38 RCNY § 5-02 and 38 RCNY § 5-05, an applicant seeking a carry or special handgun license or a renewal shall: have no conviction for a misdemeanor identified in paragraph (n) of subdivision (1) of section 400.00 of the penal law within five years of the date of application; meet in person with a licensing officer in the License Division for an interview; and provide the documents listed below:
(1) References. The applicant must submit a minimum of four (4) character references who can attest to the applicant's good moral character and that the applicant has not engaged in any act or made any statement that suggests the applicant is likely to engage in conduct that would result in harm to themself or others. Two (2) of these references must be non-family members.
(2) Training Certification. The applicant must submit a certification of completion of the training required by § 400.00(1)(o)(iii) of the New York State Penal Law. The applicant must complete such training and receive such certificate no more than six (6) months prior to submission of their application. Applicants whose renewal applications are not subject to such training requirement shall nevertheless, within six months of each renewal, submit a certification of completion of two hours of a live-fire range training course that meets the requirements of § 400.00(19)(b) of the Penal Law.
(b) A person who resides outside of New York State and is not principally employed within New York City may apply for a carry handgun license pursuant to this section, provided that such applicant meets the following requirements:
(1) The requirements of 38 RCNY § 5-02, except that the requirement to demonstrate a residence or principal place of business within the confines of New York City under subdivision (g) of such section shall not apply to an application submitted pursuant to this subdivision;
(2) The requirements of subdivision (a) of this section;
(3) The requirements of 38 RCNY § 5-05;
(4) The submission of a form, to be provided by the department, that reflects the results of a background investigation undertaken for the purposes of obtaining a firearm license or firearm. The applicant shall provide such form to the local law enforcement agency in each jurisdiction in which the applicant has been a resident in the five (5) years preceding the date of the applicant’s application for a license pursuant to this subdivision and shall submit such completed form to the License Division.
(5) If the applicant holds a firearms license or permit in any other jurisdiction, such applicant must submit a form, to be provided by the department, indicating the current and past status of any firearms licenses held by the applicant, including whether such other license is currently in good standing, and whether the applicant has any previous suspensions, revocations, or periods where the license was not in good standing.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 8/12/2024, eff. 8/12/2024; amended City Record 10/23/2024, eff. 10/23/2024; amended City Record 12/6/2024, eff. 1/5/2025)
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