38 RCNY § 5-21 Introduction.
§ 5-21 Introduction.
Any violation of this subchapter and/or the restrictions of the license, if any, may result in the suspension and/or revocation of the license.
Licensee Responsibilities
RCNY tit. 38, ch. 5, subch. B
in effect38 RCNY § 5-22 Conditions of Issuance.
§ 5-22 Conditions of Issuance.
(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)
38 RCNY § 5-23 Types of Handgun Licenses.
§ 5-23 Types of Handgun Licenses.
(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)
38 RCNY § 5-24 Gun Custodians and Carry Guards.
§ 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)
38 RCNY § 5-25 Handgun Acquisition Requirements.
§ 5-25 Handgun Acquisition Requirements.
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)
38 RCNY § 5-26 Disposal of a Handgun Listed on the License.
§ 5-26 Disposal of a Handgun Listed on the License.
(a) Any person lawfully in possession of a handgun who disposes of the same without first notifying the License Division in writing shall be guilty of a Class A Misdemeanor in accordance with the provisions of New York State Penal Law § 265.10(7). Pursuant to New York City Administrative Code § 10-311(a), it shall be unlawful for any person or business enterprise to dispose of any handgun which does not contain a safety locking device, defined as a design adaptation or attachable accessory that will prevent the use of the weapon by an unauthorized user. The following types of safety locking devices will be deemed to comply with this provision:
(1) a trigger lock, which prevents the pulling of the trigger without the use of a key; or
(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, composed primarily of steel or other metal of significant gauge to inhibit breaking, utilizing a metallic key or combination lock, rendering the weapon inoperable until the locking device is removed by an authorized person.
Note: The license becomes invalid if the licensee sells the one and only handgun on their license. Should the licensee wish to sell it without cancelling their license, they shall first follow the instructions to add a handgun.
(b) Reserved.
(c) Pursuant to Administrative Code § 10-311(c), any person who applies for and obtains authorization to purchase, or otherwise lawfully obtains, a handgun shall be required to purchase or obtain a safety locking device at the time they purchase or obtain the handgun.
(d) Pursuant to New York City Administrative Code § 10-311(d), the City of New York and its agencies, officers or employees shall not be liable to any party by reason of any incident involving, or the use or misuse of a safety locking device that may have been purchased in compliance with these rules.
(e) The buyer may only be a:
(1) Licensed New York State Firearms Dealer.
(2) A New York State / New York City Handgun License Holder.
(3) A New York State / New York City Police Officer or Peace Officer.
(f) If the licensee sells to a licensed New York State Firearms Dealer the following documentation shall be required to process the transaction:
(1) The "Original Bill of Sale" from the dealer and photocopy.
(2) The "Bill of Sale" shall show the Dealer's License number, name, address; the make, model, caliber and serial number of the handgun sold; the licensee's name, address, license number and expiration date of the license; the date of sale; the bill shall clearly indicate that the Dealer purchased the handgun(s).
(3) The licensee shall submit the aforementioned documents, in writing, via email to: DG_LIC-Purchaseorders@NYPD.org or via the online application portal to process this transaction.
(g) If the licensee sells to a New York State / New York City Handgun license holder, the following documentation shall be required to process the transaction:
(1) An "Original Bill of Sale," signed by the seller and the purchaser, with both signatures notarized.
(2) The "Bill of Sale" shall include: the seller's name, address and license number, expiration date of license; the purchaser's name, address, license number and expiration date; the make, model, caliber, and serial number of the handgun(s) sold, the date of sale.
(3) A copy of the purchaser's handgun license, front and back.
(4) A copy of the buyer's "Handgun Purchase Authorization form."
(5) The licensee shall submit the aforementioned documents, in writing, via email to: DG_LIC-Purchaseorders@NYPD.org or via the online application portal to process this transaction.
(h) Once the licensee has sold their handgun(s), they shall appear in person to delete them from their license within ten (10) calendar days of the transaction.
(i) If the licensee wishes to sell their handgun to a New York State / New York City Police Officer or Peace Officer the following documentation shall be required to process the transaction:
(1) A notarized "Bill of Sale" showing the make, model, caliber and serial number of the handgun sold; the name, address, shield number, Agency and Command of the Police Officer / Peace Officer. The bill of sale shall be signed by both the seller and the purchaser, dated, and each signature shall be notarized.
(2) If the purchaser is a New York City Police Officer or Peace Officer, the License Division requires prior written notification relative to the purchaser so that verification of employment, etc., can be obtained.
(3) Once the licensee has sold their handgun(s), they shall appear at the License Division, Room 152, with their license and the aforementioned documentation to process this transaction, or the License Division, at its discretion, may process the change by mail.
(j) If the licensee wants to transfer their handgun(s) to another New York State / New York City license they also possesses, they shall make a written request to the Division Head, License Division. The request shall include the following information:
(1) The licensee's name, address and telephone number.
(2) The license number; make, model, caliber, and serial number of the handgun the licensee wishes transferred; and the number of the license to which the licensee wants to transfer the handgun.
(3) The licensee shall enclose copies of both licenses front and back.
(4) The licensee shall receive a written response. If the request is approved, the licensee shall have to appear at the License Division with both licenses to process the transaction, or the License Division, at its discretion, may process the change by mail.
(k) If the licensee wishes to sell all of their handguns and cancel their license, they may do so by submitting the applicable documentation and their handgun license, by emailing DG_LIC-Cancellations@NYPD.org. (See Cancellation Procedures below.)
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
38 RCNY § 5-27 Cancellation of the Handgun License.
§ 5-27 Cancellation of the Handgun License.
(a) Anyone cancelling a New York City Handgun License shall:
(1) Legally dispose of handgun(s). To legally dispose of their handgun(s) the licensee shall either:
(i) Voucher the handgun at their local precinct, or
(ii) Sell to a licensed Firearms Dealer, or
(iii) Sell to a Police Officer or Peace Officer, or
(iv) Transfer handgun(s) to another license they may possess, if authorized to do so, or
(v) Sell to a licensee, if the licensee is authorized to purchase.
(2) Return license to the License Division and attach a copy of voucher or Bill of Sale.
(3) Attach letter briefly giving reason for cancellation.
(b) If the licensee intends to relocate out of State, the License Division requests verification from the local authorities of that particular jurisdiction that the licensee has notified them that they are in possession of the handgun listed on their N.Y. license.
(c) To document proper disposal of the handgun, follow the rules listed in 38 RCNY § 5-26 concerning "Disposal of a Handgun Listed on the License."
(d) All documents and the license shall be returned to the License Division – Cancellation Unit – One Police Plaza, Room 152, New York, New York 10038, by appointment, within ten (10) calendar days of the disposal of handguns, relocation, etc. To make an appointment, or if the licensee has any questions concerning these procedures, they may email DG_LIC-Cancellations@NYPD.org.
Note: If the licensee relocates out of New York City or New York State, they should immediately contact their new local Police Department and receive instructions on how to legally possess their handgun(s) in their jurisdiction.
(Amended City Record 12/16/2022, eff. 12/16/2022)
38 RCNY § 5-28 Renewal of the Handgun License.
§ 5-28 Renewal of the Handgun License.
The licensee is required to renew their handgun license every three (3) years. The license expires on the licensee's birthday.
(a) The renewal process generally begins sixty (60) calendar days prior to the licensee's month of birth. The licensee shall receive the renewal application, instructions, and other required forms electronically. As part of the renewal process, the License Division may require that the licensee produce all licensed handguns for inspection, either using a random selection procedure or when a review of the renewal package discloses the need for such an inspection, as directed by the Commanding Officer, License Division. The licensee shall receive appropriate instructions and a form Affidavit of Handgun Possession, to be completed and affirmed in writing as part of the renewal package. If so directed, the licensee shall transport all licensed handguns to the License Division, One Police Plaza, Room 152, New York, New York or otherwise make the handguns available for inspection, in the manner directed by the instructions. The licensee shall examine the license, complete all required forms including providing color photos, forwarding fees (payable online or by certified check or money order only), etc., and complete and submit the renewal package to the License Division via the online application portal as soon as possible. Upon receipt of the renewal material, the License Division shall process the renewal and return the validated license to the licensee by mail.
(b) The renewal application and related documents shall be emailed to the address on record for the license. It is the responsibility of the licensee to ensure that they maintain a current and functioning email address on file with the License Division. If the licensee has moved and/or changed their email address and has not notified the License Division thereof as required by this chapter, the renewal documents shall be returned to the License Division and their license shall be cancelled for failure to notify the License Division of an address change (see Address Change – 38 RCNY § 5-29).
(c) If the licensee has not received their renewal documents thirty (30) calendar days prior to their birth date, they shall contact the Renewal Unit for instructions by emailing DG_LIC-HandgunRenewals@NYPD.org.
(d) If the licensee has extenuating circumstances which prevent them from renewing prior to their birth date, they shall submit a notarized letter to the Renewal Unit explaining the circumstances. The License Division shall contact the licensee and advise on how to proceed. However, if the licensee is not notified by the License Division by their birth date, they shall voucher their handgun(s) at their local precinct until the matter is resolved.
(e) Licensees shall carefully read and comply with the instructions on their renewal documents.
(f) Incomplete or incorrectly prepared renewal documents shall not be processed, and shall be returned to the licensee for completion/correction, with a letter indicating the problem, information omitted, etc. Consequently, if as a result of the licensee's error, the licensee fails to submit the required material, fees, etc., by their birthday, they shall be required to voucher their handgun(s) at their local precinct until the renewal process is completed.
(g) If the licensee's birthday has passed and they have not yet renewed, they shall immediately voucher their handgun(s) at their local precinct. The License Division shall not process any late renewals unless a copy of the voucher is attached to the complete renewal application which is to be electronically submitted via the License Division's online application portal.
(h) Failure to renew the license on time is cause for cancellation of the license.
(i) Renewal fees shall be payable online or in the form of a money order or a certified check made payable to the N.Y.C. Police Department. Cash and personal checks shall not be accepted.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
38 RCNY § 5-29 License Amendments.
§ 5-29 License Amendments.
(a) All verifying documents shall be submitted to the License Division. Originals of all verifying documents shall, upon the License Division's request, be made available to the License Division for review. After the original documents have been reviewed, they shall be returned to the licensee.
(1) Premises Residence and Carry License - address changes.
(i) If the licensee has moved, they shall change the address listed on their license. The licensee shall request the change by email to DG_LIC-PurchaseOrders@NYPD.org or via the online application portal no later than ten (10) calendar days after their change becomes effective. The licensee shall provide their license and verifying documents such as current utility bills. Any and all verifying documents shall include the licensee's name and the licensee's new address.
(ii) If the licensee has relocated outside of New York City, they shall follow the instructions for "Cancellation" or request a reclassification to a non-resident Carry license, as may be appropriate.
(2) Premises Business Licenses - address changes. If the licensee's business name, principals, corporate officers (if a corporation), and the nature of their business remain the same, but they have changed their business location, the licensee shall within ten (10) calendar days, provide the License Division with a copy of a current utility bill verifying the name and new address of the business, and other verifying documents substantiating the move. This transaction shall be conducted by email to DG_LIC-PurchaseOrders@NYPD.org or via the online application portal. If the nature of the licensee's business has changed, the licensee shall follow the instructions for "Cancellation."
(3) Premises Business name changes.
(i) If the licensee has a Premises Business License and changes their business name, but their business is of the same nature and at the same location, they shall provide the License Division with Amended Business Certificate, verifying documents, etc., within ten (10) calendar days.
(ii) If the licensee is an employee of a company, in addition to the documentation required in subparagraph (i) above, the licensee shall submit a letter on company stationery signed by the company president or owner, which states that the licensee is still employed by them in the same capacity for which the license was issued, and that the licensee still requires the handgun license for their employment.
(iii) If the nature of the licensee's business has changed they shall follow the instructions for Cancellation.
(4) "Special" Carry Handgun License Changes. Licensees shall call telephone number (646) 610-5560, for specific instructions. However, the licensee's basic County Handgun License shall be amended prior to requesting any amendment of their New York City "Special Handgun License."
(5) Individual name changes.
(i) If the licensee has changed their name because of marriage, registration of a domestic partnership, or for other reasons, they shall provide the License Division with a Marriage Certificate, affidavit or legal court documents verifying the change. Where an affidavit is provided, the Department may require additional evidence that the affiant has changed their name, including but not limited to a certificate of domestic partnership registration, credit cards issued to the affiant, or bills addressed to the affiant. For purposes of this subparagraph, "domestic partnership" shall mean a domestic partnership registered in accordance with applicable law with the City Clerk, or a domestic partnership registered with the former City Department of Personnel pursuant to Executive Order 123 (dated August 7, 1989) during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of Personnel have been transferred to the City Clerk.)
(ii) The aforementioned document(s) shall be submitted electronically via email to DG_LIC-PurchaseOrders@NYPD.org or via the online application portal and the original(s) made available to the License Division for inspection upon the License Division's request. The License Division shall return the original document to the licensee.
(iii) The licensee shall appear in person at the License Division - Room 152, by appointment, with the required documents and their license to effect this change. Alternatively, the License Division, at its discretion, may process the change by mail.
(b) New business.
(1) If the licensee has changed their business from the one for which they were originally licensed, or their current business has had a change of name and/or corporate officers, owners, etc., or the nature of their business or responsibilities have changed; or if they have ended their association with the business, i.e., retired, terminated, resigned, the licensee shall within ten (10) calendar days of the change surrender their handgun(s) and license to their local precinct for safekeeping. The licensee's license may be subject to cancellation. (See 38 RCNY § 5-27 - Cancellation of the Handgun License.) Questions may be directed to the Incident Section by emailing DG_LIC-Incidents@NYPD.org.
(2) Handgun licenses are not transferable to new businesses. The licensee shall re-apply for a new handgun license for their new business.
(3) New applications shall not be accepted without proof of the surrender of the old license and proof of the proper disposal or surrender of the handgun(s).
(c) Failure to make proper notification of any of the above changes to the License Division shall result in immediate cancellation of the license.
(d) All License Types - Email address changes. All licensees shall immediately notify the License Division via the online application portal of any change in their email address.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
38 RCNY § 5-30 Reporting of Incidents.
§ 5-30 Reporting of Incidents.
(a) Whenever a handgun licensee is involved in an "Incident," the licensee shall immediately report said incident to the License Division's Incident Section – by emailing DG_LIC-Incidents@NYPD.org. Certain "Incidents" shall also be reported to the "Precinct of Occurrence" (where the incident took place).
(b) The following "Incidents" shall be immediately reported to the "Precinct of Occurrence" and the License Division Incident Section:
(1) Lost handgun(s).
(2) Stolen handgun(s).
(3) Discharge of handgun – other than at an authorize small arms range/shooting club.
(4) Lost handgun license (see lost/stolen license).
(5) Stolen handgun license (see lost/stolen license).
(6) Improper use/safeguarding of handgun(s).
(7) Public display of an unholstered handgun.
(c) The following "incidents" shall be immediately reported to the License Division's Incident Section:
(1) Arrest, summons (except traffic infractions), indictment, or conviction of licensee, in any jurisdiction, federal, state, local, etc.; 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.
(2) Admission of licensee to any psychiatric institution, sanitarium, and/or the receipt of psychiatric treatment by licensee.
(3) The receipt of treatment for alcoholism or drug abuse by licensee.
(4) The presence or occurrence of a disability or condition that may affect the handling of a handgun, including but not limited to epilepsy, diabetes, fainting spells, blackouts, temporary loss of memory, or nervous disorder.
(5) Licensee is or becomes the subject or recipient of an order of protection, a temporary order of protection, or an extreme risk protection order.
(6) Alteration, mutilation or destruction of handgun license.
(7) Licensee is involved in an incident of alleged or possible domestic violence or abuse involving a law enforcement response, or is otherwise notified that an incident has resulted in a "Domestic Incident Report" to be generated by the New York City Police Department or similar documentation generated by another police department or law enforcement agency.
(8) Licensee intends to dispose of handgun.
Note: The above "Incidents" shall be reported if they were not previously disclosed by licensee to the License Division, or if previously disclosed, circumstances have changed.
(d) In addition to the aforementioned "Incidents," whenever the licensee is directly involved in a situation concerning a potential violation of law or a threat to public safety which comes to the attention of any police department, or other law enforcement agency, and the licensee knows or reasonably should know that such situation has come to the attention of such department or agency, the licensee shall immediately notify the License Division's Incident Section of the details.
(e) All "Incidents" shall be reviewed and evaluated by License Division investigators. If, as a result of the "Incident" the License Division finds it necessary to suspend or revoke the license, the licensee shall receive notification by mail. Said notification shall advise the licensee of the status of their license and the reason for the suspension / revocation.
(f) Upon receipt of a suspension or revocation order, the licensee shall be directed to immediately voucher for safekeeping all handguns, rifles and/or shotguns listed on any license and any rifle / shotgun permit the licensee possesses. Provided that if a licensee is arrested and their handgun or rifle/shotgun is in their possession at the time of the arrest, or if during a police stop a licensee uses or threatens to use physical force or the officer learns that the licensee is subject to an order of protection, temporary order of protection or extreme risk protection order, such weapon and license or permit may be vouchered by the officer at the time of the arrest or stop, and such licensee may seek the return of such handgun or rifle / shotgun in accordance with the procedures set forth in subdivisions (h) and (i). After the handguns, rifles and/or shotguns have been vouchered, the licensee shall immediately send their handgun license and any rifle/shotgun permit they possess and a copy of the "Voucher" to the License Division's Incident Section.
(g) Failure to comply with these rules may result in suspension or revocation of the license. Possession of an unlicensed handgun is a crime. If a license is suspended or revoked, the handgun(s) listed thereon are no longer considered licensed. Failure to comply with the License Division's directions may result in the permanent revocation of the licensee's handgun license.
(h) If a licensee's license is suspended or revoked, the licensee has an opportunity to challenge, in writing, the interim suspension or revocation of the license during investigation of an incident and vouchering of the handgun by making a written submission to the License Division at DG_LIC-Hearings-Appeals@nypd.org.
(1) Such submission shall be made within thirty (30) calendar days after receiving the "Notice of Determination (interim determination to suspend during investigation)" and must include the license number, the reason for the challenge, and any documentation supporting such challenge. Such submission shall also confirm that the licensee has complied with the requirements of subdivision (f).
(2) A determination shall be made whether measures short of continued vouchering would satisfy the interests of the city and shall be rendered within ten (10) business days after receipt of the submission pursuant to paragraph (1).
(i) A licensee whose license is suspended or revoked shall, after an investigation, be issued a written Notice of Determination Letter, which shall state in brief the grounds for the suspension or revocation of the license and notify the licensee of the opportunity for a hearing, which shall be in addition to the opportunity to be heard described in subdivision (h). The suspended or former licensee has the right to submit a written request for a hearing to appeal the Notice of Determination.
(1) This request shall be made within thirty (30) calendar days of the date of the Notice of Determination Letter. The written request shall be submitted to the Commanding Officer, License Division, One Police Plaza, Room 110A, New York, New York 10038.
(2) A licensee whose arrest or summons resulted in suspension or revocation of their license may only submit a written request for a hearing within thirty (30) calendar days after the termination of the criminal action, as defined in New York State Criminal Procedure Law § 1.20(16)(c). If the suspension or revocation resulted from the licensee becoming the subject of an order of protection or a temporary order of protection, the licensee may only submit a written request for a hearing within thirty (30) calendar days after the expiration or voiding of the order of protection or temporary order of protection. If the suspension or revocation was related to both a criminal action and an order of protection or temporary order of protection, then the later of the two waiting periods shall apply.
(3) A request for a hearing challenging the Notice of Determination shall not be entertained, nor shall such a hearing be scheduled until the licensee:
(i) Complies with the provisions of subdivision (f); and
(ii) Provides a Certificate of Final Disposition, if applicable; and
(iii) Provides a Certificate of Relief from Disabilities, if applicable, to the License Division.
(j) The written request for a hearing challenging the Notice of Determination shall include:
(1) License number.
(2) Reason(s) for the request.
(3) Disposition of license(s) and handgun(s).
(k) Upon receipt of the licensee's written request for a hearing challenging the Notice of Determination, the License Division shall schedule the licensee for a hearing and notify the licensee by mail and/or email. Such hearing shall be in accordance with the procedures set forth in subchapter C of 38 RCNY Chapter 15.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
38 RCNY § 5-31 Mutilated, Lost or Stolen Licenses.
§ 5-31 Mutilated, Lost or Stolen Licenses.
(a) If the licensee's license was lost or stolen, the licensee shall report the loss/theft to the "Precinct of Occurrence" and obtain a "Complaint Report Number."
(1) If the licensee's license was lost, the licensee shall:
(i) Obtain a "Complaint Report Number" from the precinct of occurrence.
(ii) Report in person, by appointment, to the License Division – Room 152.
(iii) Bring a ten ($10) dollar money order or certified check. Cash and personal checks shall not be accepted. Make instrument payable to "N.Y.C. Police Department."
(iv) Bring the "Complaint Report Number."
(v) Bring personal identification – driver's license, credit card, old Handgun License.
(2) If the licensee's license was stolen, the licensee shall:
(i) Obtain a Complaint Report Number from the precinct of occurrence.
(ii) Report in person, by appointment, to the License Division – Room 152.
(iii) Bring two color photos – 1 1/2 × 1 1/2 inches, front view, from the chest up, taken within the past thirty (30) days. The licensee shall not wear anything which would obstruct identification, e.g., hats, sunglasses, etc.
(iv) Bring the "Complaint Report Number."
(v) Bring personal identification – driver's license, credit card, old Handgun License.
(b) If the licensee's license was altered, laminated or mutilated, the licensee shall: Report in person, by appointment, to the License Division – Room 152 with the following:
(1) A ten ($10) dollar money order or certified check. Cash and personal checks shall not be accepted. Make instrument payable to "N.Y.C. Police Department."
(2) Two color photos – 1 1/2 × 1 1/2 inches, front view, from the chest up, taken within the past thirty (30) days. The licensee shall not wear anything which would obstruct identification, e.g., hats, sunglasses, etc.
(3) The licensee shall bring with them the remnants of their license.
(Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
38 RCNY § 5-32 Transfer of Records.
§ 5-32 Transfer of Records.
New York City handgun licensees who have moved out of New York City may request a transfer of their records to their new licensing jurisdiction, in accordance with § 400.00, Subdivision 5, of the New York State Penal Law.
(a) This request shall be made in writing by the new licensing agency and accompanied by a five ($5.00) dollar money order, made payable to the N.Y.C. Police Department. Cash and personal checks shall not be accepted.
(b) The request shall not be processed unless the License Division has received the licensee's New York City handgun license; documentation of the legal disposition of the licensee's handgun(s), i.e., Bill Of Sale or Voucher (see Cancellation and Disposal of Handgun(s) – 38 RCNY §§ 5-26 and 5-27), the licensee's new address, and the name and address of their new licensing authority.
(c) Requests for a records transfer may be emailed to the New York City Police Department License Division – Records Unit at DG_LIC-Cancellations@NYPD.org. The License Division shall process the licensee's request as expeditiously as possible once the License Division has received the necessary information, documentation, fee, etc. If the licensee has any questions concerning this matter contact (646) 610-5560.
(Amended City Record 12/16/2022, eff. 12/16/2022)
38 RCNY § 5-33 Familiarity with Rules and Law and Other Attestations.
§ 5-33 Familiarity with Rules and Law and Other Attestations.
(a) All licensees shall be required to sign an acknowledgment that they shall be responsible for compliance with all laws, rules, regulations, standards, and procedures promulgated by federal, state, or local jurisdictions, and by federal, state, or local law enforcement agencies, that are applicable to this license. The License Division shall provide the licensee with the acknowledgment statement. This acknowledgment statement shall be affirmed in writing. Failure to affirm the acknowledgment statement shall result in denial of the license application.
(b) Prior to receipt of the license, the licensee must attest to the receipt of the following information and notifications: (i) the grounds for which the license issued may be revoked, which shall include, without limitation, the areas and locations where a licensee may not lawfully carry the licensed handgun; (ii) that a conviction for unlawfully carrying a handgun in such an area or location in violation of § 265.01-d or § 265.01-e of the New York State Penal Law is a felony for which such license will be revoked; and (iii) the requirements for safe storage of the licensed handgun.
(Amended City Record 12/16/2022, eff. 12/16/2022)
38 RCNY § 5-34 Times Square Sensitive Location Zone: Permitted Activities.
§ 5-34 Times Square Sensitive Location Zone: Permitted Activities.
The following licensees may carry a licensed handgun in the Times Square sensitive location zone, as such zone is described in § 10-315 of the Administrative Code:
(a) A carry licensee who resides in such zone may carry such handgun only directly to or from their dwelling and an area outside of such zone, provided that such transport must be continuous and uninterrupted;
(b) A business premises licensee whose place of business that is identified on such license is located in such zone, or a residence premises licensee whose residence identified on such license is located in such zone, may carry a handgun to and from their place of business or residence, respectively, in accordance with the standards set forth in 38 RCNY § 5-23(a) and such handgun must be unloaded and carried in a locked container and the ammunition for such handgun must be carried separately; and
(c) A carry licensee or a premises licensee may transport such handgun directly through such zone while operating, or while a passenger within, a motor vehicle, provided that such transport must be continuous and uninterrupted; such handgun must be unloaded and carried in a locked container; and the ammunition for such handgun must be carried separately.
(Added City Record 12/16/2022, eff. 12/16/2022)
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/0-0-0-148705Fetched: 10/24/2026