All Laws Decoded

Buying a Gun in New York

The age to buy a gun in New York, background checks for dealer and private sales, any waiting period, and rules on ghost guns.

Short answer: Handguns: a license is required to possess a pistol or revolver, and no license issues except to an applicant 'twenty-one years of age or older' (military exception). N.Y. Penal Law §§ 400.00(1)(a), (2); 265.05

Age to buy a gunHandguns: a license is required to possess a pistol or revolver, and no license issues except to an applicant 'twenty-one years of age or older' (military exception). Semiautomatic rifles: 'A license for a semiautomatic rifle, other than an assault weapon or disguised gun, shall be issued' to purchase or take possession of one, subject to the same age-21 rule. Other rifles and shotguns: § 400.00 sets no separate age; Penal Law § 265.05 makes it unlawful for 'any person under the age of sixteen to possess' guns, except a holder of a hunting license or permit using a rifle or shotgun under the Environmental Conservation Law.
Background checks and private salesYes. 'all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section' — a national instant criminal background check 'must be completed by a dealer' — unless the transfer is by a licensed importer, manufacturer or dealer, or 'between members of an immediate family' (defined as 'spouses, domestic partners, children and step-children'). Handguns and semiautomatic rifles additionally require a license under Penal Law § 400.00.
GBL § 898 page last revised 2023-07-21.
Waiting periodNo fixed waiting period for all sales, but if the background check does not return a 'proceed', a dealer may deliver only after 'thirty calendar days have elapsed since the date the licensee contacted NICS' without a denial. Handgun and semiautomatic-rifle buyers must first obtain a license, which the licensing officer must act on within six months.
Ghost guns and homemade firearmsRegulated. A 'ghost gun' is 'a firearm, rifle or shotgun that does not comply with the provisions of section 265.07' and is not serialized; an 'unfinished frame or receiver' is 'any unserialized material' shaped so it 'may readily be made into a functional frame or receiver.' Gunsmiths and dealers must 'engrave, cast, stamp or otherwise conspicuously place both a unique serial number and his or her name' on unserialized firearms and frames or receivers they hold and register them with the Division of Criminal Justice Services (failure is a class E felony). Knowingly selling or transferring a ghost gun is 'Criminal sale of a ghost gun in the second degree,' a class E felony (§ 265.60), with a first-degree offense in § 265.61.

More New York gun laws

FAQ

How old do you have to be to buy a gun in New York?
Handguns: a license is required to possess a pistol or revolver, and no license issues except to an applicant 'twenty-one years of age or older' (military exception). Semiautomatic rifles: 'A license for a semiautomatic rifle, other than an assault weapon or disguised gun, shall be issued' to purchase or take possession of one, subject to the same age-21 rule. Other rifles and shotguns: § 400.00 sets no separate age; Penal Law § 265.05 makes it unlawful for 'any person under the age of sixteen to possess' guns, except a holder of a hunting license or permit using a rifle or shotgun under the Environmental Conservation Law.
Do private gun sales need a background check in New York?
Yes. 'all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section' — a national instant criminal background check 'must be completed by a dealer' — unless the transfer is by a licensed importer, manufacturer or dealer, or 'between members of an immediate family' (defined as 'spouses, domestic partners, children and step-children'). Handguns and semiautomatic rifles additionally require a license under Penal Law § 400.00.
Is there a waiting period to buy a gun in New York?
No fixed waiting period for all sales, but if the background check does not return a 'proceed', a dealer may deliver only after 'thirty calendar days have elapsed since the date the licensee contacted NICS' without a denial. Handgun and semiautomatic-rifle buyers must first obtain a license, which the licensing officer must act on within six months.
Are ghost guns legal in New York?
Regulated. A 'ghost gun' is 'a firearm, rifle or shotgun that does not comply with the provisions of section 265.07' and is not serialized; an 'unfinished frame or receiver' is 'any unserialized material' shaped so it 'may readily be made into a functional frame or receiver.' Gunsmiths and dealers must 'engrave, cast, stamp or otherwise conspicuously place both a unique serial number and his or her name' on unserialized firearms and frames or receivers they hold and register them with the Division of Criminal Justice Services (failure is a class E felony). Knowingly selling or transferring a ghost gun is 'Criminal sale of a ghost gun in the second degree,' a class E felony (§ 265.60), with a first-degree offense in § 265.61.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.