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Subchapter B: Licensee Responsibilities
(a) A handgun license is issued under the following conditions:
(1) It is revocable at any time consistent with the procedures set forth in 38 RCNY § 5-30.
(2) It is not transferable to any other person or location.
(3) Any mutilation, alteration, or lamination of the license shall render it void. The licensee may not make any additions, deletions, or other changes on their license. Only License Division personnel may make changes on the license.
(4) If the license is mutilated, altered, laminated, lost, destroyed, or if an applicant requests that any change be made to their license, an additional fee shall be required for replacement. If any of these circumstances occur, the licensee shall notify the License Division. Replacement fees shall not be charged if a reprint is necessary due to License Division error.
(5) When the license expires, and if the licensee has not renewed it, or if it is suspended, or revoked, the licensee shall immediately surrender the license with the handgun(s) to the precinct of their place of business or residence.
(6) The licensee shall be in possession of their license at all times while carrying, transporting, possessing at residence, business, or authorized small arms range/shooting club, the handgun(s) indicated on said license.
(7) If the licensee has a "Carry" or "Special Carry" type license only one (1) handgun may be carried on their person at any time.
(8) The licensee is authorized to own only the handgun(s) that are listed on their license.
(9) The licensee shall not purchase or replace a handgun prior to obtaining written permission from the Division Head, License Division (see Handgun Purchase Authorizations).
(10) A handgun may be replaced or purchased only by requesting permission in writing from the Division Head, License Division.
(11) The licensee shall not draw, expose or display handgun(s) unnecessarily.
(12) The licensee shall not leave handgun(s) in an auto, or in any place where an unauthorized person may readily obtain them.
(13) To assure maximum safety, proper safeguards shall be taken at all times to keep handguns away from unauthorized persons, especially children, consistent with § 10-312 of the Administrative Code and 38 RCNY § 5-01(a). A licensee shall not store or otherwise place or leave their handgun in such a manner or under circumstances that it is out of their immediate possession or control, without having rendered such weapon inoperable by employing a safety locking device as defined in 38 RCNY § 5-25(a)(2). Such offense shall constitute a misdemeanor, pursuant to § 10-312 of the Administrative Code, if the offender has previously been found guilty of such violation or if the violation is committed under circumstances which create a substantial risk of physical injury to another person.
(14) Reserved.
(15) Any misuse of the purpose for which the license was issued, or any action or misconduct on the part of the licensee which may constitute just cause, shall result in the suspension or revocation of the license.
(16) Except for licensees with Carry licenses or Special Carry Licenses, a licensee wishing to transport their handgun to a gunsmith or a dealer in firearms shall request permission in writing from the Division Head, License Division. Authorization shall be provided in writing. The licensee shall carry this authorization on their person when transporting the handgun to the gunsmith or the dealer in firearms, and shall transport the handgun directly to and from the gunsmith or the dealer in firearms. The handgun shall be secured unloaded in a locked container during transport.
(17) Licensees shall cooperate with all reasonable requests by the Police Department for information and assistance in matters relating to the license.
(b) The licensee shall make an immediate report to the License Division – Incident Section by emailing DG_LIC-Incidents@NYPD.org, and to the precinct when an incident, as set forth in 38 RCNY § 5-30, has occurred.
(c) In the following instances, the licensee shall make an immediate report to the License Division (see License Amendments – 38 RCNY § 5-29).
(1) Change of business or residence address (see Address Changes – 38 RCNY § 5-29).
(2) Change of business, occupation or employment (see Name Changes – 38 RCNY § 5-29).
(3) Any change in the circumstances for which the licensee received the license. The licensee shall immediately notify the License Division and shall then be instructed on how to proceed. The licensee may be required to report to the License Division with required documentation to have the change reviewed and effected by License Division personnel.
(4) Change of email address (see Address Changes – 38 RCNY § 5-29).
(d) The licensee must make an immediate report to the License Division – Incident Section if they intend to dispose of their handgun. Failure to notify in writing the Division Head, License Division prior to disposing of handgun is a Class A Misdemeanor pursuant to New York State Penal Law § 265.10(7).
(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)
(a) Premises License – Residence or Business. This is a restricted handgun license, issued for the protection of a business or residence premises.
(1) The handguns listed on this license may not be removed from the address specified on the license except as otherwise provided in this chapter.
(2) The possession of the handgun is restricted to the inside of the premises which address is specified on the license or to any other location to which the licensee is authorized to transport such handgun in accordance with these Rules.
(3) The licensee may transport the handgun(s) listed on their license, unloaded, in a locked container, the ammunition to be carried separately, directly to and from the following locations:
(i) Another residence, or place of business, of the licensee where the licensee is authorized to possess such handgun. Such residence or place of business may be within or outside New York City.
(ii) A lawful small arms range/shooting club or lawful shooting competition. Such range, club, or competition may be within or outside New York City.
(4) A licensee may transport their handgun(s) directly to and from an authorized area designated by the New York State Fish and Wildlife Law and in compliance with all pertinent hunting regulations, unloaded, in a locked container, the ammunition to be carried separately, after the licensee has requested and received a "Police Department – City of New York Hunting Authorization" Amendment attached to their license.
(5) A licensee may transport their handgun(s), unloaded, in a locked container, without ammunition, to or from the offices of the License Division, or the licensee's local police precinct, as authorized by these Rules.
(6) When purchasing a handgun in accordance with 38 RCNY § 5-25, a licensee may transport the handgun, unloaded, in a locked container, the ammunition to be carried separately, directly from the place of purchase to the address specified on the license.
(7) Transport within New York City pursuant to Paragraph (3), (4), (5), or (6) of this subdivision shall be continuous and uninterrupted.
(b) Carry License – New York Resident or Non-Resident. This is a class of license that permits the licensee to carry a handgun listed on the license 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 County Carry License. The revocation, cancellation, suspension or surrender of their County Carry License automatically renders the licensee's 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. This is a class of 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 Carry Licenses. The handgun listed on the license may only be carried concealed on the licensee's person while the licensee is actively on duty and engaged in the work assignment which formed the basis for the issuance of the license. The licensee may only transport the handgun concealed on their person when travelling directly to and from home to a work assignment.
(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)
(a) Gun Custodian.
(1) Once a company employs and intends to arm additional employees, a gun custodian and alternate custodian shall be designated by the company.
(2) Each designee shall submit through the License Division's online application portal an additional handgun license application for gun custodian.
(3) The responsibilities of the gun custodian and alternate custodian are as follows:
(i) To insure that an applicant works a minimum of twenty (20) hours per week for the company.
(ii) To insure that an applicant commences work within fifteen (15) days of issuance of license.
(iii) On a semiannual basis, the gun custodian or alternate custodian shall be required to submit the following reports to the License Division:
(A) Employment Report – indicating hours worked by each licensee per month.
(B) Employee Termination Report.
(C) Annual Handgun Inventory Report.
(iv) The gun custodian or alternate custodian or an authorized designee of the company shall be required to permit properly identified representatives of the New York City Police Department to examine company records pertaining to handgun licensees.
(v) During those periods that a security guard will not be reporting to work due to illness or vacation, the gun custodian or alternate custodian shall be responsible for the security of the handgun.
(vi) In the event of termination of employment, the custodian or alternate custodian shall see to the immediate surrender of the licensee's handgun license to the New York City Police Department License Division and return of the handgun to the company.
(vii) In the event of a licensee's death, the gun custodian or alternate custodian is responsible for the security of the handgun and for the immediate notification, in writing, to the New York City Police Department License Division.
(viii) Where a licensee becomes involved in an incident or suffers a condition which shall be reported to the License Division and/or the precinct of occurrence pursuant to paragraphs 2 and 3 of subdivision (b) of this section, the gun custodian or alternate custodian shall ensure that such report is made immediately.
(4) When appearing at the License Division to pick up a license, an applicant shall present a handgun assignment letter from the gun custodian or alternate custodian. If no handgun is available from the company handgun inventory, the gun custodian or alternate custodian shall request, in writing, a purchase order by following the rules set forth in 38 RCNY § 5-25, "Handgun Purchase Authorizations," to obtain a new handgun.
(5) The purchase order shall be valid for only thirty (30) calendar days from the date of issuance.
(6) After the gun custodian or alternate custodian has purchased the handgun, they shall return to the License Division within 72 hours to have the handgun inspected. This handgun shall be unloaded in a locked container and accompanied by the purchase order authorization and a photocopy of the bill of sale. This handgun may not be carried or transported except as indicated in this paragraph before it has been inspected.
(7) If the gun custodian or alternate custodian makes their purchase from other than an authorized dealer, the seller shall be either a New York City or New York State licensee, Police Officer or a Peace Officer.
(8) A handgun may be replaced by requesting permission, in writing, from the Division Head, License Division.
(b) Carry Guard Licensee.
(1) The license is restricted to the days and hours that the licensee is actually engaged in employment, or when a licensee is travelling from their residence to their place of employment, or from their place of employment to their residence. These restrictions shall be strictly interpreted by the New York City Police Department and violation of these rules shall result in the immediate suspension of the handgun license. This means that the handgun may be carried only when the licensee is actually engaged in employment by the security company the name of which appears on the face of the license. This does not permit "freelancing" on the licensee's day off. The handgun may only be carried from the licensee's residence as listed on the application, to the licensee's place of employment or assignment for that particular day. The licensee may carry their handgun from employment back to their residence. This means that there shall be no unreasonable delay in returning to the licensee's residence where the handgun shall be secured.
Example: If the licensee does not intend to stay at their residence the evening prior to working at their place of employment or assignment, they will be obligated to return home to pick up their handgun just prior to going to work. Carrying the handgun for the entire evening preceding their next work day is a distinct violation of license restrictions. Example: If the licensee finishes a 4 p.m. to midnight shift and takes action involving the handgun at 3:30 a.m. in a local tavern, they are in violation of license restrictions and the New York State Penal Law.
(2) A licensee has the responsibility of making an immediate report to the Division Head, License Division, the precinct where the incident occurred, and the gun custodian or alternate custodian in the following instances:
(i) Loss or theft of handgun.
(ii) Discharge of handgun (other than practice at an authorized small arms range/shooting club).
(iii) Loss or theft of handgun license.
(iv) Improper use/safeguarding of handgun(s).
(v) Public display of an unholstered handgun.
(3) An immediate report shall be made in the following instances to the Division Head, License Division and the gun custodian or alternate custodian:
(i) Change of residence.
(ii) Mutilation, alteration or destruction of handgun license.
(iii) Arrest, indictment, summons other than a traffic summons, or conviction in any jurisdiction; suspension or ineligibility order issued pursuant to § 530.14 of the New York State Criminal Procedure Law or § 842-a of the New York State Family Court Act.
(iv) Receipt of psychiatric treatment or treatment for alcoholism or drug abuse, or the presence or occurrence of any disability or condition that may affect the ability to safely possess or use a handgun.
(v) Licensee is or becomes the subject or recipient of an order of protection, a temporary order of protection, or an emergency risk protection order.
(vi) Change of email address.
(4) The license shall be in the possession of the licensee at all times while the licensee is carrying the handgun.
(5) Misconduct or misuse of the purpose for which this license is issued may result in the suspension or revocation of the license.
(6) A handgun licensee is authorized to use only the handgun that is endorsed on their license.
(c) Failure to comply with all of the above conditions set forth herein may result in the suspension, revocation, or cancellation of any/or all handgun licenses issued to employees of the subject company.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
In addition to any applicable federal or state requirements, the following procedures apply to all licensees seeking to acquire and register a handgun to one or more of their licenses.
(a) No person shall acquire a firearm if such person has acquired a firearm within the previous ninety (90) days. Licensees who acquire and attempt to register more than one (1) firearm in a ninety (90) day period, will not be granted an authorization form to take possession of an additional firearm until the ninety (90) day period has elapsed.
(b) Any licensee who obtains a handgun must purchase or obtain a safety locking device at the time of acquisition of such handgun, in accordance with § 10-311 of the Administrative Code, to be used for the safeguarding of the handgun when not in use. The following types of safety locking devices will be deemed to comply with the requirement to obtain a safety locking device:
(1) a trigger lock, which prevents the pulling of the trigger without the use of a key;
(2) a combination handle, which prevents the use of the weapon without the alignment of the combination tumblers; or
(3) a detachable or non-detachable locking device that is composed primarily of steel or other metal of significant gauge to inhibit breaking, and renders the weapon inoperable until the locking device is removed with a metal key or combination lock.
(c) A licensee may not take possession of a handgun without prior written authorization from the Division Head, License Division. For new and existing licensees, the License Division will provide a handgun purchase authorization form, which is valid for thirty (30) calendar days from the issuance date and must be provided to the firearms dealer at the time of purchase of such handgun.
(d) A licensee may not take possession of a handgun before it has been inspected by License Division personnel and entered on the license. A licensee must contact the License Division within 72 hours of purchase of such handgun to request inspection of the handgun and safety locking device. Requests for inspection shall be made to the License Division, in writing, via email to: DG_LIC-Purchaseorders@NYPD.org or via the online application portal and must include the following:
(1) A completed authorization form issued by the License Division, in accordance with subdivision (c) of this section, with the background check number filled out by the firearms dealer from whom the handgun was purchased.
(2) The Bill of Sale/Receipt for the handgun which shall include the following information:
(i) make, model, caliber, and serial number of handgun sold;
(ii) Seller's name, address, and license number if applicable;
(iii) Buyer's name, address, and license number, date of sale.
If the handgun is acquired from an individual, rather than a dealer, the sale must comply with the requirements set forth in section 898 of the General Business Law and the Bill of Sale shall be signed and notarized by the transferor.
(3) A color photograph depicting the entirety of the handgun purchased with accurate color representation,
(4) A color photograph that legibly captures the handgun’s serial number.
(5) A color photograph depicting the safety locking device for the purchased handgun.
(6) Proof of ownership of safe storage, which consists of:
(i) A Bill of Sale; and
(ii) Two (2) color photos of the safe or other locked container, one with the door open and one with the door closed. Photos may not be stock images and must depict the entirety of the safe, not merely a portion thereof.
The Division Head, License Division may reject the type of safe or other locked container proposed for safeguarding the handgun, where it is determined that the safety features are insufficient to safeguard such handgun.
(7) Where the licensee has acquired a handgun from the estate of a deceased immediate family member, the licensee shall also provide:
(i) A copy of the voucher for the handgun(s).
(ii) The decedent's license, if not previously surrendered, showing registration of the handgun(s) in question.
(iii) A copy of the death certificate.
(iv) A notarized Bill of Sale from the Executor or Administrator of the decedent's estate, indicating the weapon, make, model, caliber and serial number, and stating that they are being sold to: the licensee's name, address and license number.
(v) If there is a Will: a short certificate of Letters Testamentary that gives the Executor the authority to dispose of the property.
(vi) If there is no Will: a short certificate of Letters of Administration that gives the administrator the authority to dispose of the property.
(e) For new licensees, the completed authorization form and license card with the registered handgun printed on such card shall either be mailed to the licensee’s address of record, or, an appointment shall be scheduled for the licensee to pick the documents up from the License Division. The licensee shall use these documents to take possession of the registered handgun purchased from the seller. Following a completed transaction, or within ten (10) calendar days of its expiration date, the completed authorization form shall be returned to the License Division.
(f) The License Division may waive specific requirements identified in subdivision (d) of this section for extenuating circumstances, including, but not limited to, where a licensee lawfully acquired a handgun in another jurisdiction and has not maintained the Bill of Sale. The licensee shall contact the License Division via email at DG_LIC-Purchaseorders@NYPD.org with a detailed explanation of such extenuating circumstances so that the License Division may provide individualized guidance on lawfully registering their firearm(s). The License Division may require the submission of additional information in such circumstances.
(g) Number of handguns allowed on a handgun license. The number of handguns allowed under each type of handgun license is listed below:
(1) Premises Residence – One handgun, except that additional handguns will be approved upon request after the licensee shows evidence of appropriate safeguarding and establishes compliance with the mandatory waiting periods pursuant to subdivision (b) of § 10-302.1 of the Administrative Code and § 400.20 of the Penal Law.
(2) Premises Business – One handgun.
(3) Carry and Special Carry – Two handguns, provided that requests for additional handguns shall be evaluated in accordance with the standards set forth for a premise residence license in paragraph (1) of this subdivision. Carry and Special Carry licensees may only carry one (1) handgun at a time. Additional handguns must remain safeguarded.
a. For Non-Resident Carry licenses issued pursuant to 38 RCNY § 5-03(b), requests to add more than one (1) handgun to a license shall not be approved.
(4) Carry Guard and Special Carry Guard – One handgun. Requests for additional handguns shall be reviewed on an individual basis.
(5) Gun Custodian – Number of handguns will be determined by the Division Head, License Division, consistent with the demonstrated needs of the applicant.
(h) Requests for amendments to “Special Carry” and “Special Carry Guard” licenses – Holders of "Special Carry” licenses shall comply with the purchase authorization request guidelines of the county in which they hold their Carry handgun license. Once the addition has been made to a county handgun license, a request to amend a licensee’s New York City Special Carry license shall be made to the License Division, in writing, via email to: DG_LIC-Purchaseorders@NYPD.org. The following documents shall accompany the request:
(1) The licensee’s current County Carry license;
(2) A copy of the county Handgun Purchase Authorization form; and
(3) A copy of the Bill of Sale.
(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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