You're walking down a street in upstate New York and you see someone with a handgun holstered openly on their hip. Your first instinct might be to wonder if that’s even allowed. Honestly, if you’re asking is open carry legal in New York, the short answer is a flat "no." But law in the Empire State is never just a simple "no." It’s a tangled web of penal codes, recent Supreme Court shakeups, and local sensitivities that can land an uninformed person in a jail cell faster than they can say "Second Amendment."
New York is arguably one of the most restrictive states in the country regarding firearms. While some states out west let you strap on a sidearm like a modern-day cowboy, New York views an exposed weapon as a direct threat to public order.
The Reality of NY Penal Law 265
Basically, New York law requires a license for any kind of handgun possession. Under the NYS Penal Law, specifically sections 265.01 through 265.04, possessing a firearm without the proper paperwork is a felony. Even if you have that golden ticket—the New York State Pistol License—that license is specifically for concealed carry.
There is no "open carry" license.
If you have a permit to carry a concealed weapon (CCW) and you decide to walk around with the gun visible, you are likely violating the terms of your permit. Most licensing officers in counties like Westchester, Nassau, or across the Finger Lakes region explicitly state that the weapon must be hidden from public view. If it’s seen, it’s a problem.
People often get confused because they see "Open Carry" maps online that show New York as a "Non-Permissive" state. That's a polite way of saying it's effectively banned. Unlike "Constitutional Carry" states where the law is silent—and therefore the act is legal—New York law is very loud about what you can't do.
What Happened After the Bruen Decision?
You've probably heard about NYSRPA v. Bruen. In 2022, the Supreme Court basically told New York its licensing regime was too strict. Before Bruen, you had to prove "proper cause" to get a carry license. You had to show you were in special danger. The Court nixed that.
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So, did that make open carry legal?
Nope. Not even close.
In fact, the New York Legislature doubled down. They passed the Concealed Carry Improvement Act (CCIA). This law created a massive list of "sensitive locations" where you can't bring a gun even if you have a permit. We're talking parks, theaters, bars, and even private property unless the owner specifically hangs a sign saying guns are welcome.
The CCIA reinforced the idea that if you are carrying, it better be tucked away. If your shirt rides up and someone sees your holster in a grocery store, you might get a "Man with a Gun" call to 911. In the eyes of New York law enforcement, an exposed firearm is often treated as "Menacing" or "Reckless Endangerment," depending on the mood of the responding officer and the context of the situation.
The Long Gun Exception (That Isn't Really an Exception)
What about rifles and shotguns? Technically, New York state law doesn't explicitly ban the open carrying of an unloaded long gun in many jurisdictions outside of New York City.
But wait.
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Don't go grabbing your Remington and heading to the mall. Local ordinances are everywhere. Most towns have "Discharge of Firearms" or "Public Possession" bylaws that make it illegal to carry these items in populated areas. Furthermore, if you carry a rifle down a busy sidewalk, you will be stopped. You will be questioned. You will likely be charged with "Disorderly Conduct."
It’s one of those things where the letter of the law might be murky, but the practice of the law is iron-clad. New York is a "Concealed Carry" state, period.
New York City: A State Within a State
If you think upstate is tough, New York City is a different planet. The NYPD License Division has its own set of rules. Under Administrative Code 10-131, carrying any firearm—openly or concealed—without a specific NYC permit is a major crime.
Even if you have a permit from a different county in New York, it is generally not valid in NYC unless it has been specifically "validated" or "endorsed" by the Police Commissioner. Carrying openly in Times Square is a one-way ticket to Rikers Island. There is zero tolerance for visible firearms in the five boroughs.
Common Misconceptions About Open Carry in NY
- "I'm on my own land, so I can open carry."
Generally, yes. On your own private property, you can possess your licensed handgun. However, if you are standing on your porch or your lawn and a neighbor feels "menaced" by the sight of the gun, you might still face a legal headache. - "The Second Amendment gives me the right."
While the Supreme Court has expanded gun rights, they have also explicitly stated that states can regulate how those guns are carried. New York has chosen the "Concealed Only" route. - "Security guards open carry, so I can too."
Armed security guards have specific certifications and are often exempt under certain provisions of the law while they are actively working. Those rules don't apply to the average citizen.
Practical Steps for New York Gun Owners
If you live in New York or are visiting and want to stay on the right side of the law, you need a strategy. This isn't a state where you can "wing it."
First, get your NYS Pistol License. Be prepared for a long wait, fingerprints, background checks, and a 16-hour safety course (plus 2 hours of live-fire training). It's a grind.
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Second, invest in a high-quality holster that offers deep concealment. Printing—where the outline of the gun is visible through your clothes—isn't technically a crime in itself, but it draws unwanted attention. In New York, the goal is to be invisible.
Third, download an app or keep a map of "Sensitive Locations." The list is huge. If you wander into a public park or a library while carrying, you are technically committing a felony under the CCIA, even if your gun is hidden.
Finally, if you are ever stopped by police, be polite. Don't reach for anything. Disclose your permit if required by your specific county's rules (some counties require immediate disclosure, others don't).
The bottom line is that New York is hostile to the idea of public firearm displays. While the legal landscape is shifting due to federal court challenges, the current reality remains: keep it concealed, keep it licensed, and stay out of sensitive locations. Anything else is asking for a legal disaster that can cost you your rights, your money, and your freedom.
If you are serious about carrying in New York, your best bet is to consult with a local firearms attorney who knows the specific quirks of your county's licensing officer. Laws in Buffalo can feel very different from laws in Brooklyn, and being "technically right" won't pay your legal fees if you're arrested. Stay informed, stay hidden, and stay legal.