Possession:
Rifles and Shotguns: There is no state licensing requirement for the possession of a rifle or shotgun, although any person convicted of a felony or other serious offense and any person who "has been certified not suitable to possess a rifle or shotgun" (mentally incompetent) is prohibited from possession. A person who has been convicted of a felony or other serious offense may obtain a certificate of good conduct which will then permit him to possess rifles and shotguns. Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person between the ages of 12 and 16 who is engaged in supervised target shooting on a range. A minor at least 14 years of age may hunt with any rifle or shotgun, provided he has a valid hunting license and is accompanied by his parent, guardian or other parentally-designated adult who also holds a valid hunting license.
Handguns: A license is needed to possess a handgun in one's home or place of business. Application is made to the "licensing officer" of the city or county where the applicant resides, is principally employed or where his principal place of business as a merchant or store keeper is located. (The licensing officer in New York City and Nassau County is the Police Commissioner; in Suffolk County, the Police Commissioner or Sheriff; elsewhere in the state, a county judge or some other designated judge or justice.)
The determination whether to grant the license has been held to be completely within the discretion of the licensing officer. However, the licensing officer must state "specifically and concisely" in writing the reasons for such denial. A denial can be overturned in court only if shown to be "arbitrary and capricious." In Westchester County the applicant must have successfully completed a firearms safety course and test. A license may be granted to an applicant who is of good moral character, over the age of 21 years, has not been convicted of a "serious offense," (This includes misdemeanors and violations as set forth in Section 265.00, Subd. 17, PL.) states if and when he has ever been treated for mental illness and as to whom "no good cause exists for the denial of the license." The age requirement shall not apply to persons honorably discharged from the military. Persons between age 18 and 20 may possess and use a handgun at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by the NRA and while under the immediate supervision, guidance and instruction of a certified instruction and while possessing or using the instructor's licensed handgun.
A license may be granted to an applicant who is of good moral character, has not been convicted of a "serious offense," (This includes misdemeanors and violations as set forth in Section 265.00, Subd. 17, PL.) states if and when he has ever been treated for mental illness and as to whom "no good cause exists for the denial of the license." An investigation will be conducted of all statements required in the application. This includes taking the fingerprints and physical descriptive data of the applicant. One copy of the fingerprints will be forwarded to the FBI for a search of their criminal records. The failure or refusal of the FBI to make the fingerprint check shall not constitute the sole basis for refusal to issue a permit.
The licensing officer may, in his discretion, add restrictions to the license, limiting the places where the handgun may be kept or carried. No demonstration of "need" to possess is required to obtain an "on premises only" license valid for one's home or place of business, although "need" may be required for a license not restricted to one of those locations. An "on premises only" license authorizes the possession of a handgun only at the location written on the license. It does not authorize the holder to take such handgun to any other place.
Applications for licenses must be acted upon within 6 months after presentment. If there is a delay, there must be written notice to the applicant stating the reasons. Such delay may be only for "good cause." The statute provides that the failure of the FBI to process fingerprints is not a good cause for delay.
If issued, the license is valid until revoked, except in New York City, where the license shall expire not more 3 years after the date of issuance, and in Nassau, Suffolk, and Westchester Counties where the license shall expire not more than 5 years after the date of issuance. In Westchester County a license shall be recertified every 5 years prior to April 1. Certification means that the licensing officer shall be provided with the licensee's current name and address, date of birth, and the make, model, caliber, and serial number of all handguns currently possessed. The license fee is fixed by the board of supervisors in each county, with a $10.00 limit prescribed by state law. The Division of Criminal Justice Services sets the fingerprinting fee, which is currently $74.00. The fee for each amendment to the license is $3.00 ($5.00 in Suffolk County). In New York City and Nassau County, the City Council and Board of Supervisors, respectively, set the license fees without state law limitation. Each handgun possessed must be listed on the license by make, model, caliber and serial number. The only exception is possession of a properly licensed handgun by another licensee at a target range. Personal information submitted by the applicant to obtain the license becomes a matter of public record.
