INSIGHTS

Home > Gun Laws > Understanding the New Concealed Carry Laws 

Understanding the New Concealed Carry Laws 

by | Dec 8, 2022

On September 1, 2022, a new concealed carry law went into effect in New York following the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. Holding that New York’s “proper cause” requirement violated the Second Amendment, the court struck down part of the state’s pistol permit licensing process as unconstitutional. In response, the state’s legislature updated the law to establish new eligibility requirements for those seeking a concealed carry permit and restrict concealed carry in specific locations. The new legislation also enhances safe storage requirements and expands the disqualifying criteria for those looking to obtain permits.     

It should be noted that the laws in this area are in flux as the Bruen decision is being aggressively challenged. While courts are taking different positions, the state’s response to the Supreme Court decision is to be determined. For instance, as recently as October 6, a federal judge temporarily blocked part of New York’s new permit process requirements. However, the following information is the most current and accurate. 

How Did the Concealed Carry Permit Process Change?

Due to the changes in the law, there are several additional steps that must be taken to obtain a concealed carry permit in New York. Significantly, applicants must complete 16 hours of firearms training. At the conclusion of the training, a written test will be given to the applicant covering topics such as firearm storage and usage, state and federal gun laws, conflict de-escalation, and use of deadly force. A minimum score of 80% must be achieved.              

In addition, a concealed carry permit applicant must complete two hours of fire training with a certified instructor. Topics covered include range safety, safe drawing, dry firing, safe loading, performing condition checks, and safe discharge of the firearm. Even those who currently hold concealed carry permits will be required to satisfy the new training requirements in order to re-certify their licenses.                  

In order to obtain a concealed carry permit, the applicant must demonstrate they are of “good moral character.” An applicant is required to have an in-person interview with the licensing officer and disclose their social media accounts for the prior three years. The licensing officer in each county has the authority to determine whether to grant the applicant a permit.   

Location Restrictions

Regardless of whether someone possesses a concealed carry permit, firearms are still not permitted in some locations. “Sensitive locations” where guns are not allowed include the following:


  • Government offices
  • Locations that provide health services
  • Places of religious observation
  • Playgrounds and parks
  • Childcare facilities
  • Shelters
  • Educational institutions
  • Protests
  • Times Square

Not to be confused with “sensitive” locations, “restricted” locations include privately owned property. However, private businesses and property owners are free to post signs informing that concealed carry firearms are welcome on their premises.

What Are the Consequences of Violating New York’s Concealed Carry Laws?

Violating New York’s concealed carry laws can come with steep consequences. Specifically, carrying a concealed weapon without a permit is a Class A misdemeanor in New York. A conviction of a firearms charge is a mandatory minimum prison term of 3.5 years and a maximum prison sentence of 15 years if a person does not have a prior felony conviction. Anyone who is caught in a sensitive or restricted location with a firearm can also face charges for a Class E felony. If convicted of a Class E felony, a defendant can face up to 4 years in jail, probation, and a $5,000 fine.     

Contact an Experienced New York Criminal Defense Attorney The above information should not be construed as legal advice — every situation is unique and a consultation regarding each specific case should be obtained. If you’ve been charged with a firearms-related offense, it’s vital to have a knowledgeable criminal defense attorney on your side to protect your Constitutional rights. The criminal defense attorneys at D’Emilia Law provide high-quality representation to those who have been arrested for firearms crimes and work to obtain the best possible results in their cases. To schedule a consultation, contact us at 1-888-DEMILIA.

Concealed Carry
Field Sobriety Test

Can a Driver Refuse a Field Sobriety Test in New York?

In a case where a driver is suspected of operating their vehicle under the influence of alcohol, a preliminary breath test isn’t the only test a police officer might ask to administer. Part of the arrest process may include conducting field sobriety tests. These types...
Gun New York

What Does the Bruen Case Mean for Gun Owners in New York?

This past June, the Supreme Court of the United States issued a landmark decision in the case, New York State Rifle and Pistol Association v. Bruen. The Court held that New York’s “proper cause” requirement for a concealed pistol license violated the Fourteenth...
Bail Reform

Understanding New York’s Bail Reform Laws

New York’s controversial cashless bail legislation eliminated the use of cash bail for all but the most serious felonies and misdemeanors. The law, which was passed in 2019, has had a sweeping impact on the state’s criminal justice system over the last three years....
plea bargain

Plea Bargain Consequences

If you’ve been charged with a crime, the prosecution may offer you a plea deal. Depending on the circumstances, a plea bargain can provide you with specific benefits such as a lesser sentence — and the certainty of knowing what your penalty will be. But no matter how...
Exclusionary Rule

What is the Exclusionary Rule?

In the criminal justice system, specific rules are in place to protect the Constitutional rights of the accused. Courts apply a doctrine known as the "exclusionary rule" to prevent the prosecution from using evidence obtained through illegal search and seizure. Under...
miranda warning

What is a Miranda Warning?

Every individual is afforded certain rights under the U.S. Constitution when arrested and taken into police custody. One of the most important requirements that law enforcement must follow is providing a “Miranda Warning.” The name of this notification comes from the...
police search home

What You Need To Know If Police Want to Search Your House

If there is a criminal case being built against you, the first place police usually search is your home or residence.  Events like the March 2020 shooting death of Breonna Taylor—an unarmed Kentucky woman killed while in bed—have put the spotlight on law...
police search

Pulled Over In NY? Know 7 Quick Tips About Police Searches

The United States Constitution’s Fourth Amendment guarantees security against unreasonable searches, seizures, and interceptions. In cases where the police have probable cause, they must “describe the place to be searched, and the persons or things to be...
D'Emilia - gun law 3

Three More Tips on Gun Laws in NYC and NY State

We presented three tips about gun laws and ownership in New York in last week’s Insights installment. Our visitors and social media followers were inspired and sent us some follow-ups that we are happy to address. D’Emilia Law’s founders spent decades prosecuting...

Gun Laws in NYC and NY State

New York has some of the most intricate gun laws in the United States. You need a handgun license before you can make a purchase, and you then need licenses to carry and conceal a firearm in New York State. If you do not have those licenses, you may be fined and...