Issuance of Handgun Licenses

RCNY tit. 38, ch. 5, subch. A

in effect

38 RCNY § 5-01 Types of Handgun Licenses.

§ 5-01 Types 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)

38 RCNY § 5-02 Premises Licenses.

§ 5-02 Premises Licenses. 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)

38 RCNY § 5-03 Carry and Special Handgun Licenses.

§ 5-03 Carry and Special Handgun Licenses. (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)

38 RCNY § 5-04 Carry Guard License / Gun Custodian License and Special Carry Guard License / Gun Custodian License.

§ 5-04 Carry Guard License / Gun Custodian License and Special Carry Guard License / Gun Custodian License. (a) In addition to the requirements in 38 RCNY § 5-02 an applicant shall demonstrate the employer's need to employ armed security guards/gun custodians. (b) Such need may be shown and documented by memorandum, letters or contract(s) for the hiring of said employer to provide armed security personnel or otherwise require the services of gun custodians. (c) Additionally, such need may be shown by other documentation or acceptable form as required by the License Division. (d) If applicable, an applicant shall show satisfactory evidence that such business possesses a professional license, relevant to the need for a handgun, issued by the State of New York. (e) In addition to the requirements in 38 RCNY § 5-06 an applicant shall show proof of current employment which requires the need for a handgun license. (f) If applicable, an applicant shall show satisfactory evidence of having a professional license, relevant to the need for a handgun issued by the State of New York.

38 RCNY § 5-05 Application Form.

§ 5-05 Application Form. An applicant for a license pursuant to this chapter must meet with a licensing officer in the License Division for an interview and must also provide the documents listed in this section. At the time of such applicant's interview, the applicant will be advised whether any additional forms or documents are required. Failure to provide the information requested may result in the disapproval of the application. (a) The application form will be available online and shall be completely filled out and submitted electronically via the License Division's online application portal. (b) The applicant shall upload the items listed below which are applicable, at the time they complete and submit their application. Incomplete applications will not be reviewed. Upon the License Division's request, applicants shall also make the originals of all documents, certificates, licenses, etc., available to the License Division for inspection. A copy certified by the issuing agency as true and complete is also acceptable. Originals and certified copies shall be returned. The application shall not be accepted or processed without the required fee payments described in paragraph (12) of this subdivision. (1) Photograph. One (1) color photograph of the applicant taken within the past thirty (30) days. The photograph must be in a square aspect ratio with minimum acceptable dimensions of 600 x 600 pixels and maximum acceptable dimensions of 1200 x 1200 pixels and must show applicant from the chest up. The wearing of any article of clothing or adornment that obscures identification is not acceptable. (2) Birth certificate. If there is no record of the applicant's birth on file with the New York City Department of Health and Mental Hygiene Office of Vital Statistics, some other proof of applicant’s birth date, e.g., a military record, U.S. passport or baptismal certificate, shall be submitted. (3) Proof of citizenship / alien registration. If the applicant was born outside the United States, they shall submit their naturalization papers or evidence of citizenship if derived from their parents. Additionally, applicants who are non-citizens and have resided in the United States for less than seven (7) years shall submit a good conduct certificate, or the equivalent thereof, from their country of origin and two (2) letters of reference which identify the writer's relationship to the applicant and which certify to the good character of the applicant, provided that such letters shall not be required for carry license and special-carry license applicants otherwise required to submit character references pursuant to 38 RCNY § 5-03. Inability to provide the documents mentioned in this paragraph shall not operate as an absolute bar to issuance of a handgun license. (4) Military discharge. If the applicant served in the armed forces of the United States, they shall submit their separation papers (DD 214) and their discharge papers. (5) Proof of residence. The applicant shall submit proof of their present address. Proof may consist of one of the following, but is not limited to: a real estate tax bill, a copy of a lease indicating ownership shares in a cooperative or condominium or a current residential lease. The License Division may request further documentation, e.g., a Driver's License, Income Tax Return, a current utility bill, etc. (6) Arrest information. If the applicant was ever arrested for any reason they shall submit a Certificate of Disposition showing the offense and disposition of the charges. Also, the applicant shall submit a detailed statement describing the circumstances surrounding each arrest. This statement shall be affirmed in writing. The applicant shall do this even if the case was dismissed, the record sealed or the case nullified by operation of law. The New York State Division of Criminal Justice Services shall report to the Police Department every instance involving the arrest of an applicant. The applicant shall not rely on anyone's representation that they need not list a previous arrest. If they were ever convicted or pleaded guilty to a felony or a serious offense, as defined in New York State Penal Law § 265.00(17), an original, signed Certificate of Relief from Disabilities shall be submitted. (7) Proof of business ownership. If the applicant is making application for a license in connection with a business, they shall submit proof of ownership for that business. Such proof shall clearly state the name(s) of the owner(s), or, if a corporation, the name(s) of the corporate officer(s). A corporation shall submit its corporate book to include Filing Receipt, Certificate of Incorporation and minutes of the corporate meeting reflecting current corporate officers; others shall provide their business certificate or partnership agreement, whichever is applicable. If the business requires a license or permit from any government agency, e.g., alcohol or firearms sales, gunsmith, private investigation and guard agencies, they shall submit the license or permit or a certified copy thereof. (8) References. The applicant must submit a minimum of two (2) 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. These references must be non-family members. The requirement set forth in this paragraph does not apply to applicants for carry and special carry licenses, who must submit character references in accordance with 38 RCNY § 5-03. (9) Contact information. The applicant must submit names and contact information for their current spouse or domestic partner, and any other adults residing in the applicant's home, including any adult children of the applicant. The applicant must also indicate whether a minor resides, either full-time or part-time, in the applicant's home. (10) Applicants shall also submit via the online application portal all currently held firearm licenses. (11) The applicant must maintain and provide to the License Division a functional email address to serve as the applicant's primary means of communication with the License Division. (12) A “Lifetime Department of Motor Vehicle Abstract” or equivalent, for every State in which applicant has been a resident in the five (5) years preceding the date of their application. (13) Upon application, required fees are payable to the New York City Police Department and the New York State Division of Criminal Justice Services. Fees to the New York City Police Department shall be paid by certified bank check or United States Postal Service money order made payable to the N.Y.C. Police Department. Fees may also be paid via the online application portal by credit card or e-check. Note: The fee payable to N.Y.S. Division of Criminal Justice Services applies to all applicants. These fees shall be paid separately. Only U.S. Postal Service or bank drawn money orders, certified bank checks, credit or debit cards shall be accepted. If the applicant has any questions concerning their application, the applicant may email DG_LIC-HandgunNewApps@NYPD.org. Applications shall be submitted via the online application portal. The License Division is closed on all legal holidays. All fees are non-refundable. (14) Every applicant must appear for fingerprinting at the License Division, at an appointment time designated by the License Division. Fingerprint “fee waivers” will be provided to applicants whose prints are already on file with the License Division. (c) An applicant applying for a renewal of their license must submit the items listed in subdivision (b), except that the references requirement set forth in paragraph (8) shall not apply. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)

38 RCNY § 5-05.1 Non-Electronic Communication and Submissions.

§ 5-05.1 Non-Electronic Communication and Submissions. Notwithstanding any provision of this chapter to the contrary, a person unwilling or unable to submit documents electronically pursuant to this chapter, or to otherwise communicate electronically with the License Division pursuant to this chapter, may contact the License Division by telephone at (646) 610-5560 to arrange a practicable non-electronic alternative. (Added City Record 12/16/2022, eff. 12/16/2022)

38 RCNY § 5-06 Gun Custodian, Carry Guard and Special Licenses; Establishing Company Need for Handgun Licensing.

§ 5-06 Gun Custodian, Carry Guard and Special Licenses; Establishing Company Need for Handgun Licensing. (a) An applicant shall initially electronically submit a license application, which shall be affirmed in writing, in accordance with general handgun license rules, including all personal and business documentation requested. Examples of business documentation would be a company's corporate book, including filing receipt; certificate of incorporation; minutes of the corporate meeting reflecting current corporate officers; business certificate or partnership agreement, whichever is applicable. (b) Where the applicant for a handgun license is an owner of a security guard, courier or private investigation company, or a company providing similar services, and desires the license in connection with such business, the applicant shall: (1) present satisfactory evidence that such business is licensed by the State of New York, and; (2) present satisfactory evidence of contracts for armed services to be performed within the City of New York. (c) Where an applicant for a handgun license is an owner of a check cashing business and desires the license for use in connection with such business, the applicant shall: present satisfactory evidence that such business is licensed by the State of New York Banking Department. (d) Carry Guards. (1) Once a gun custodian's license has been issued in connection with a particular employer, applications for individual security guards/personnel for the same employer may be submitted. (2) In addition to the handgun license application required of all license applicants, carry guard/personnel applicants shall submit the form Handgun License Application Company and a specific letter of necessity following the format supplied by the License Division. (Amended City Record 12/16/2022, eff. 12/16/2022)

38 RCNY § 5-07 License Approval / Disapproval Procedures.

§ 5-07 License Approval / Disapproval Procedures. (a) If the application is approved the applicant shall receive a "Notice of Application Approval" by mail or at the email address provided in the application. The applicant must immediately notify the License Division of any change to their email address by updating their email address via the online portal. Failure to make timely notification may result in the disapproval/cancellation of the applicant's application. (b) To receive a license the applicant shall follow the instructions provided with the "Notice of Application Approval". The applicant should note that the Issuing Unit is closed on all legal holidays. The date of issuance shall be the date that the License Division prints the license. (c) If the applicant does not follow the instructions provided with the "Notice of Application Approval" within thirty (30) calendar days of the date on the "Notice of Application Approval," their license and application may be cancelled. (d) Along with the license, the applicant will receive a copy of the "New York City Handgun License Rules". The applicant shall become knowledgeable regarding these handgun rules, as any violation of these rules may result in the suspension or revocation of their handgun license. (e) If the license application is disapproved the applicant shall receive a written "Notice of Application Disapproval" from the License Division indicating the reason(s) for the disapproval. If the applicant wishes to appeal the decision they shall submit a sworn written statement, which shall be known as an "Appeal of Application Disapproval," to the Director, License Division, within ninety (90) calendar days of the date on the "Notice of Application Disapproval" requesting an appeal of the denial, and setting forth the reasons supporting the appeal. The Appeal of Application Disapproval shall become part of the application. It shall state the grounds for the appeal and shall contain the following statement to be signed by the applicant and notarized: "Under penalty of perjury, deponent being duly sworn, says that they are familiar with all of the statements contained herein and that each of these statements is true, and no pertinent facts have been omitted." Appeals that are unsworn by the applicant or submitted by individuals or business entities other than the applicant or her/his New York State licensed attorney shall not be accepted. Appeals submitted by an applicant's attorney must contain a sworn verification by the applicant. (f) All timely appeals will receive a complete review of the applicant's entire file by the Director, License Division, who shall notify the applicant of their determination. If the appeal of the determination is denied, the applicant will receive a "Notice of Disapproval After Appeal" letter from the Director, License Division. This notice concludes the Police Department's administrative review procedure. (g) If an applicant is not found by the License Division to be qualified for the License type for which they have applied, the License Division, based on its investigation of the applicant, may offer an alternative License to an applicant. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)

38 RCNY § 5-08 Limitations.

§ 5-08 Limitations. Applicants issued licenses pursuant to this subchapter shall be subject to such conditions and limitations as established by the Police Commissioner regarding, but not necessarily limited to the permissible number, type, transportation and safeguarding of handguns.

38 RCNY § 5-09 Application for Pre-License Exemption.

§ 5-09 Application for Pre-License Exemption. Each applicant for a carry guard license desiring to obtain the exemption set forth in New York State Penal Law § 265.20(a)(7-b), allowing pre-license possession of a handgun for the purpose of possessing and using a handgun for instructional purposes with a certified instructor in small arms at an authorized small arms range/shooting club, shall make such request in writing to the Division Head, License Division at the time the application for a handgun license is filed, when such pre-license exemption is required. Such request shall include a signed and verified statement by the person authorized to instruct and supervise the applicant, that they have met with the applicant and they have determined that, in their judgment, said applicant does not appear to be or pose a threat to be a danger to themself or others. The instructor shall include a copy of their certificate as an instructor in small arms, if they are required to be certified, and state their address and telephone number. The instructor shall specify the exact location by name, address and telephone number where such instruction shall take place. The Division Head, License Division shall, no later than ten (10) business days after such filing, commence an investigation and ascertain whether the applicant has a criminal record. The Division Head, License Division shall no later than ten (10) business days after the completion of such investigation determine if the applicant has been previously denied a license, been convicted of a felony, been convicted of a serious offense as defined in Penal Law § 265.00(17), been convicted of a misdemeanor crime of domestic violence, as defined in § 921(a) of Title 18 of the United States Code, been the subject or recipient of an order of protection or a temporary order of protection, been the subject of a 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, or appears to be, or poses a threat to be, a danger to themself or others, and either approve or disapprove the applicant for exemption purposes based upon such determinations. If the applicant is approved for the exemption, the Division Head, License Division shall notify the applicant. Such exemption shall terminate if the application for the license is denied, or at any earlier time based upon any information obtained by the Division Head, License Division which would cause the application to be rejected. The applicant shall be notified of any such rejection. (Amended City Record 12/16/2022, eff. 12/16/2022)

38 RCNY § 5-10 Grounds for Denial of Handgun License.

§ 5-10 Grounds for Denial of Handgun License. In addition to other bases for disqualification pursuant to federal, state, and local law and this chapter, an application for a handgun license may be denied where it is determined that an applicant lacks good moral character, pursuant to New York State Penal Law § 400.00 (1). In evaluating incidents or circumstances pursuant to this section, the License Division shall consider all relevant factors, including but not limited to the number, recency and severity of incidents and the outcome of any judicial or administrative proceedings. Such a determination shall be made based upon consideration of the following factors: (a) The applicant has been arrested, indicted or convicted for a crime or violation except minor traffic violations, in any federal, state or local jurisdiction. (b) The applicant has been other than “Honorably” separated from the Armed Forces of this country. (c) The applicant has or is reasonably believed to have a disability or condition that may affect the ability to safely possess or use a handgun, including but not limited to alcoholism, drug use or mental illness. (d) The applicant is or has been an unlawful user of, or addicted to, a controlled substance or marijuana. (e) The applicant made a false statement on their application, or failed to disclose their complete arrest history, including sealed arrests. Sealed arrests are made available to the License Division pursuant to Article 160 of the Criminal Procedure Law when an application has been made for a license to possess a gun. (f) The applicant is the subject of an order of protection, a temporary order of protection, or an extreme risk protection order. (g) The applicant has a history of one or more incidents of domestic violence. (h) The applicant has a poor driving history, has multiple driver license suspensions or has been declared a scofflaw by the New York State Department of Motor Vehicles. (i) The applicant has failed to comply with federal, state or local law or with Police Department rules governing possession and use of firearms, rifles, shotguns or ammunition. (j) The applicant has been terminated from employment under circumstances that demonstrate lack of good judgment or lack of good moral character. (k) The applicant has demonstrated an inability to safely store firearms, such as through a history of lost/stolen firearms. (l) The applicant has failed to pay legally required debts including but not limited to child support, taxes, fines or penalties imposed by governmental authorities. (m) The applicant fails to cooperate with the License Division's investigation of their application or fails to provide information requested by the License Division or required by this chapter. (n) Other information that demonstrates the lack of good moral character, including but not limited to an unwillingness to abide by the law, a lack of candor towards lawful authorities, a lack of concern for the safety of oneself and/or other persons and/or for public safety, and/or an inability to maintain handgun possession in a manner that is safe to oneself or others. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)

38 RCNY § 5-11 Grounds for Suspension for Defined Period or Revocation of Handgun License.

§ 5-11 Grounds for Suspension for Defined Period or Revocation of Handgun License. A handgun license may be suspended for a defined period or revoked upon evidence of any disqualification pursuant to this chapter. A handgun license shall be revoked upon a conviction in this state or elsewhere of a felony or a serious offense, as defined in subdivision seventeen (17) of § 265.00 of the Penal Law, a determination that the applicant knowingly made a material false statement on the application, or as set forth in 38 RCNY § 5-30. Evidence of disqualification may be demonstrated by an investigation, by a licensee's failure to cooperate with such an investigation, or by other evidence. (Amended City Record 12/16/2022, eff. 12/16/2022)

38 RCNY § 5-12 Modifications to Review of Pending Applications Filed On or Before August 31, 2022, and Certain Previously Denied Applications. [Repealed] (Added City Record 12/16/2022, eff. 12/16/2022; repealed 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/0-0-0-77276Fetched: 10/24/2026