Gun Custodians and Carry Guards.
38 RCNY § 5-24
in effect§ 5-24 Gun Custodians and Carry Guards.
(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)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-135643Fetched: 10/24/2026