24/7 Wall St. Insights

• Firearm policy has become one of the most polarizing issues in American politics in recent years.
• The partisan debate over the appropriate balance between gun rights and gun control has resulted in years of stalled gun control initiatives in Washington, D.C., and a patchwork of firearm regulations across the 50 states. 
• Through a wide ranging set of policies, New York has adopted some of the strictest gun control legislation in the country.
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Gun ownership has been a constitutional right in the United States for over two centuries. Under federal law, certain groups — including felons, illegal drug users, and fugitives — are prohibited from owning firearms, and some specific types of firearms — such as fully automatic weapons and short-barreled shotguns — are generally prohibited. Still, the U.S. has some of the most permissive firearm policies in the world.

In recent decades, the increasing regularity of mass shootings have made gun control one of the most polarizing issues in American politics — and attitudes towards firearms largely split along party lines. According to a 2023 Gallup survey, only 31% of likely Republican voters say that gun laws should be stricter, compared to 84% of likely Democratic voters.

The partisan divide over gun control has yielded little beyond political gridlock in Washington, D.C. In the absence of legislative action at the federal level, many states have exercised their authority to expand upon national gun control policies. Others, meanwhile, have adopted a decidedly hands-off approach.

According to the analysis of Giffords Law Center, a gun violence prevention group, New York state has implemented some of the strictest state-level gun control policies in the country. Accounting for a wide-range of policies at the disposal of state governments — including assault-style weapon and high-capacity magazine bans, universal background check laws, waiting periods, and restrictions on firearms in public — Gifford’s Law Center assigned New York a letter grade of “A-“, on an A-F scale, for the strength of its gun control policies. (Here is a look at every state’s gun law grade.)

Firearm regulations are generally designed and implemented to reduce the likelihood of gun violence, and in states with strict gun control laws, firearm fatality rates tend to be relatively low. According to the data from the Centers for Disease Control and Prevention, there were 1,044 firearm related deaths in New York in 2022, or about 5.3 for every 100,000 people, the fifth lowest gun-death rate of the 50 states. (Here is a look at the U.S. cities where gun crime is surging.)

Using data compiled by Gifford’s Law Center, 24/7 Wall St. reviewed New York’s approach to 14 key gun control policy areas. It is important to note that the laws on this list are not exhaustive, and only represent broad guidelines. Legal nuances can vary at the state and local levels.

Why It Matters

With the exception of some modest revisions to background check protocols, the U.S. has not implemented any meaningful gun control reform in decades. Still, state governments also have the authority to enact their own policies, resulting in a patchwork of gun laws across the 50 states. Currently, New York state ranks as having some of the strongest state-level firearm regulations in the country.

Universal background check laws

• State policy: Under federal law, all gun buyers must undergo a background check before obtaining a firearm from a licensed retailer — but transfers made from unlicensed retailers are exempt from background check requirements. New York is one of several states that has closed this loophole, with universal background check laws that cover both licensed and unlicensed dealers.

Mental health reporting

• State policy: New York is required to report individuals involuntarily committed to undergo mental health treatment in an inpatient setting to federal background check databases as well as those who are living with a guardian because they cannot manage their own affairs. However, the state is not required to report those being involuntarily treated in outpatient facilities.

Concealed carry of a firearm

• State policy: A permit is required to carry a concealed firearm in public places in New York.

Handgun open carry regulations

• State policy: Open carry of handguns in public places is prohibited in New York.

Long gun open carry regulations

• State policy: In New York, open carry of long guns is not legally prohibited in certain public places.

Stand your ground laws

• State policy: According to state law, individuals have a duty to retreat, if possible, before using deadly force outside of the home.

Guns in schools

• State policy: In New York, firearms can be carried in K-12 schools only by school security officers who have a “special armed guard registration” card.

Mandatory waiting periods for firearm purchases

• State policy: There is no mandatory waiting period for firearm purchases in New York.

Assault-style weapons

• State policy: Assault weapons are effectively prohibited in New York, and are defined by the presence of specific features, including rifles with a pistol grip beneath the action and rifles with a folding or telescoping stock. New York does offer exceptions for assault weapons acquired before the ban went into effect.

High-capacity magazines

• State policy: All firearms in New York are restricted to a 10-round maximum magazine capacity.

Licensing requirements

• State policy: In New York, prospective gun buyers must have obtained a license for both purchase and ownership of a handgun or semiautomatic rifle.

State-level prohibitions on who can own firearms

• State policy: In New York, individuals who have been convicted of a violent or gun-related misdemeanor are subject to firearm access restrictions.

Minimum age requirements for handguns

• State policy: In New York, individuals must be at least 21 years old to purchase or possess a handgun.

Minimum age requirements for long guns

• State policy: In New York, individuals must be at least 21 years old to purchase or possess a long gun, like a rifle or shotgun.

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