Licenses to carry, possess, repair and dispose of firearms.

1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant

• (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply;
• (b) Be of good moral character.
• (c) who has not been convicted anywhere of a felony or a serious offense;
• (d) who is not a fugitive from justice;
• (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802;
• (f) who being an alien
  • (i) is not illegally or unlawfully in the United States or
  • (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions;
• (h) who, having been a citizen of the United States, has not renounced his or her citizenship;
  • (i) who has stated whether he or she has ever suffered any mental illness;
• (G) Be at least twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States Army, Navy, Marine Corps, Air Force or Coast Guard, or the National Guard of the State of New York, no such age restriction shall apply.
• (H) Who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section 842(a) of the family court act.
• (I) Anyone who has not been convicted of a misdemeanor crime of domestic violence.
• (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law;
• (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act;
• (l) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that:
  • (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm; and
  • (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test;
• (m) who has not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs; and
• (n) concerning whom no good cause exists for the denial of the license. No person shall engage in the business of gunsmith or dealer in firearms unless licensed pursuant to this section. An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and maintain a place of business in the city or county where the license is issued. For such business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set forth in this subdivision and if the applicant is a corporation, each officer thereof shall so comply.

3. Applications.
(a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper; and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located.

8. License: exhibition and display. Every licensee while carrying a pistol or revolver shall have on his or her person a license to carry the same. Every person licensed to possess a pistol or revolver on particular premises shall have the license for the same on such premises. Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties,or police officer.

Licenses To Carry, Possess, Repair and Dispose of Firearms.

6. License: validity. Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. No license shall be transferable to any other person or premises. A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city. Such license to carry or possess shall be valid within the city of New York in the absence of a permit issued by the police commissioner of that city, provided that

• (a) the firearms covered by such license have been purchased from a licensed dealer within the city of New York and are being transported out of said city forthwith and immediately from said dealer by the licensee in a locked container during a continuous and uninterrupted trip; or provided that
• (b) the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted; or provided that
• (c) the firearms covered by such license are carried by armored car security guards transporting money or other valuables, in, to, or from motor vehicles commonly known as armored cars, during the course of their employment; or provided that
• (d) the licensee is a retired police officer as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law or a retired federal law enforcement officer, as defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as defined in subdivision ten of section 265.00 of this chapter; provided, further, however, that if such license was not issued in the city of New York it must be marked “Retired Police Officer” or “Retired Federal Law Enforcement Officer”, as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons; or provided that
• (e) the licensee is a peace officer described in subdivision four of section 2.10 of the criminal procedure law and the license, if issued by other than the city of New York, is marked “New York State Tax Department Peace Officer” and in such case the exemption shall apply only to the firearm issued to such licensee by the department of taxation and finance. A license as gunsmith or dealer in firearms shall not be valid outside the city or county, as the case may be, where issued.

23. “Large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device, that

• (A)Has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, OR
• (C) Is obtained after the effective date of the chapter of the Laws of two thousand thirteen which amended this subdivision and has a Capacity of, or that can be readily restored or converted to accept, More than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and Capable of operating only with, .22 caliber rimfire ammunition or a Feeding device that is a curio or relic.

3. “Firearm” means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon.

15. “Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.

Powers of Agencies

Section 40. Powers of certain state officers and agencies.
41. Waiver of type, weight and size limitations for certain vehicles.
42. Contracts for research work in health matters related to the defense emergency.
43. Emergency health and sanitation areas.
44. Emergency measures to protect milk supply.
46. Production and sale of prison-made articles and materials essential to the defense effort.
§ 40. Powers of certain state officers and agencies. Nothwithstanding the provisions of any law, for the purpose of providing during the defense emergency (a) for unanticipated or emergency needs for the protection of the safety and health of the people of the state in the event of attack, or (b) for the mobilization and efficient utilization of all of the resources and facilities in the state in aid of the defense effort, or (c) for the orderly conduct of public or private affairs in a manner consistent with the requirements of the defense effort, the following officers or agencies of the state shall have power to take action or to adopt, promulgate and make effective plans, regulations or orders, consistent with the provisions of this act and with any actions taken or plans, regulations or orders adopted and promulgated by the council, with respect to the following matters:
3. The industrial commissioner shall have such power with respect to safety and record of manufacture, sale, possession, use or ownership of fireworks or explosives and the manufacture and transportation of firearms, but such powers shall not apply to the personal possession, use or ownership of firearms and ammunition therefor.

Article 6
Closing or Restricting Use of Highways; Posting of Property

Section 80. Definitions. As used in this article the following terms shall mean and include:

1. “Highway.” Any private or public highway, street, way, waterway, or other place used for travel.
2. “Commissioner.” The state commissioner of transportation.

§ 81. Petition to close or restrict use of travel upon highways or to post property.

• (a) Any agency of the United States engaged in or concerned with the defense effort,
• (b) any agency of the state,
• (c) the chief executive officer or the governing body of any political subdivision of the state or
• (d) an individual, partnership, association or corporation using or preparing to use real property in connection with the operation of a public utility, an airport, a dock, or a wharf, or the manufacture, transportation, distribution or storage of explosives, firearms, inflammable liquids, gas, oil, coal, electricity, water or any product to be used in the defense effort by this state, of any state of the United States, or a political subdivision, by the United States or any associated power thereof, may petition the commissioner for an order to close or to direct the appropriate official or body to close to public use and travel and to restrict public use and travel upon, any highway or part thereof or to post property, on which such use and travel or entrance by the general public is deemed dangerous to the public safety and security or to the defense effort, or to the safety of property of the petitioner.