The New York definition of a firearm does not include an antique firearm. An antique firearm is any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver that uses fixed cartridges that are no longer available in the ordinary channels of commercial trade. A license is not required to possess, collect or carry an unloaded antique firearm.

However, a license is required to possess, collect and carry antique pistols. The licensing statute defines an antique pistol as: any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before l898, which is not designed for using rim-fire or conventional center-fire fixed ammunition; and any replica if such replica is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition, or uses rim-fire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. To the extent that an “antique pistol” is not also an “antique firearm,” a license would be required for lawful possession.

NY Law has interpreted this to mean antique rifles, shotguns, handguns, and replicas thereof, are generally exempt from the above restrictions and can be bought and possessed without a permit. (Persons who shoot muzzleloading handguns must be properly licensed.) However, to fall within the exemption, antique handguns must be unloaded and possessed without the materials required for loading.

It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel if the person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console).

A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container.

Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition or IHMSA sanctioned match, within 48 hours of the competition, if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container. This provision does not apply in NY cities not wholly contained within a single county or to people with felony convictions.

Possession of firearms by a person who is a nonresident of this state is lawful while attending or traveling to or from an organized convention or exhibition approved by the NRA, and in which the nonresident is a registered participant within forty-eight hours of such event, provided that the nonresident has not been previously convicted of a felony and further provided that the firearms are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule or convention or exhibition registration card. This provision does not apply in NY cities not wholly contained within a single county.

A non-immigrant alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State and an approved gun import form from the BATFE.

A license to possess a handgun serves also as a license to carry unless restricted.

A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the license shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.

An applicant for a license to carry outside the home must be required to show, in addition to the requirement for possession, that proper cause exists for the issuance of a carry license, including, for example, target shooting, hunting, or self-defense.

The license can be amended to include one or more additional or different handguns. The licensee is required to carry the license on his person at all times when carrying a handgun.

A loaded handgun may be carried in a vehicle by a properly licensed individual. (Loaded means a firearm with ammunition loaded in magazine or chamber or any firearm which is possessed by one who at the same time possesses a quantity of ammunition which may be used to discharge such a firearm.) Possession of any loaded rifle or shotgun in a vehicle is illegal.

A license is needed to possess a handgun in one’s home or place of business. Application is made to the licensing officer of the city or county where the applicant resides, is principally employed, or where his principal place of business as a merchant or storekeeper is located. An alien may obtain a pistol license if he or she meets these requirements. The determination whether to grant the license is completely within the discretion of the licensing officer. However, the licensing officer must state specifically and concisely in writing the reasons for a denial. A denial can only be overturned in court if the denial is shown to be arbitrary and capricious.

Westchester County may require the applicant to successfully complete a firearms safety course and test in addition to meeting the other requirements. Other counties also require a safety course for license issuance.

A license may be granted to an applicant who is of good moral character, who is over 21 years of age, who has not been convicted of a serious offense, who states if and when he has ever been treated for mental illness, who is not subject to a protective court order and to whom no good cause exists for the denial of the license. The age requirement shall not apply to persons honorably discharged from the military. (Persons between age 18 and 21 may possess a handgun at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms. A person between the ages of 18 and 21 may also possess a handgun at a target pistol shooting competition under the auspices of or approved by the NRA and while under immediate supervision).

An investigation will be conducted regarding all statements required in the application. This includes taking the fingerprints and physical descriptive data of the applicant. One copy of the fingerprints will be forwarded to the FBI for a search of the applicant’s criminal records. The failure or refusal of the FBI to make the fingerprint check shall not constitute the sole basis for refusal to issue a permit.

The licensing officer may, in his discretion, add restrictions to the license, limiting the places where the handgun may be kept or carried. No demonstration of need to possess is required to obtain an “on premises only,” license valid for one’s home or place of business. A demonstration of need must be shown, however, for a license not restricted to one of those locations. An “on premises only” license authorizes the possession of a handgun only at the location written on the license. It does not authorize the holder to take such handgun to any other place. (It should be noted further that an “on premises only” license technically does not authorize the holder even to transport the handgun from its place of purchase to the location stated on the license.)

Applications for licenses must be acted upon within 6 months after presentment. If there is a delay, there must be written notice to the applicant stating the reasons. Such delay may be excused for good cause only.

If issued, a license is valid until revoked, except in New York City where a license shall expire not more than 3 years after the date of issuance, and in Nassau, Suffolk and Westchester Counties where a license shall expire not more than 5 years after the date of issuance.

A license fee is fixed by the board of supervisors in each county, with a $10.00 limit prescribed by state law. The Division of Criminal Justice Services sets the fingerprinting fee. The fee for each amendment to the license is $3.00 ($5.00 in Suffolk County). In New York City and Nassau County, the City Council and Board of Supervisors, respectively, set the license fees without regard to the state law limitation.

Each handgun possessed must be listed on the license by make, model, caliber and serial number. The only exception is possession of a properly licensed handgun by another licensee or license applicant at a target range.

The name and address submitted by an applicant to obtain the license becomes a matter of public record.

A licensee who moves his residence to another licensing jurisdiction within the state shall provide notification of the change in writing within ten days after such change occurs, and a record of such change shall be inscribed by such licensee on the reverse side of his license. Failure to notify of the change of residence may result in an inability to obtain amendments, and possible revocation of the license.

There is no state license requirement for the possession of a rifle or shotgun, so long as the rifle has barrel(s) at least 16 inches in length and the shotgun has barrel(s) at least 18 inches in length.

It is unlawful for any person convicted of a felony, other serious offense, or who been certified as not suitable to possess a rifle or shotgun (mentally incompetent) to possess a firearm.

Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person between 12 and 16 who is engaged in target shooting on a range supervised by a military officer, certified instructor, or a parent, guardian or a person over the age of eighteen designated in writing by such parent or guardian provided the adult has a hunter safety certificate.

It is unlawful to possess 20 or more firearms as defined under NY law outside one’s home or business.