What's happening
This bill bans the open carry of rifles and shotguns in New York, with exceptions for law enforcement, military, hunters, and certain private property scenarios.
Why it matters
Reduces public display of firearms. By prohibiting the open carry of rifles and shotguns in most public settings, this bill seeks to decrease the visibility of firearms, potentially addressing public fear, intimidation, and perceptions of safety—especially in crowded or urban environments.
Narrows legal ambiguity and enforcement challenges. The bill clearly defines "openly carries" and lists exceptions, which could make enforcement more straightforward for law enforcement and reduce confusion for gun owners regarding where and when open carry is allowed.
Impacts gun culture and activities. While exceptions exist for hunters, sports, and private property, the bill may affect those accustomed to open carry for personal, cultural, or political reasons, possibly igniting debates over Second Amendment rights and the role of firearms in public life.
Shifts responsibility to property owners. By allowing open carry only on private property with explicit consent (including clear signage), the law gives property owners more control over gun visibility on their premises, but may require them to actively communicate their preferences to avoid legal ambiguities.
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Who cares
Rifle and shotgun owners
The bill would prohibit carrying a rifle or shotgun with any portion visible to others, subject to specified exceptions.
Hunters, target shooters and biathletes
Exceptions would cover lawful hunting, travel to and from authorized hunting locations, hunter education, marksmanship activities, firearms safety training and biathlon.
Private property owners and lessees
The bill would allow open carry on property under a person's control and on another person's private property with the owner’s or lessee’s express consent or clear signage permitting it.
Police, peace officers and military personnel
The bill would exempt police and peace officers and provide exceptions for specified military service and other authorized duties.
Headline styles
Ban Open Rifle Carry
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1273
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
Introduced by Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI- GAL, JACKSON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to openly carrying a rifle or shotgun
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 9, 9, and 10 of section 265.01 of the penal law, subdivision 9 as added by chapter 519 of the laws of 2021, subdivision 9 as amended by chapter 149 of the laws of 2022, and subdivision 10 as amended by chapter 94 of the laws of 2022, are amended and a new subdivision 12 is added to read as follows:
(9) Such person possesses a major component of a firearm, rifle, or shotgun and such person is prohibited from possessing a firearm, shotgun or rifle pursuant to:
(i) this article;
(ii) subsection (g) of section 922 of title 18 of the United States Code; or
(iii) a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules; or
[(9)] (10) Such person is not licensed as a gunsmith or a dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is a ghost gun, such person possesses a ghost gun, provided that a person shall not be guilty under this subdivision when [he or she] such person (a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision [(a)] a of section 265.20 of this article; or (b) for a period of six months after the effective date of this section possesses a ghost gun prior to serialization and registration of such ghost gun pursuant to section 265.07 of this article[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00731-01-5
[(10)] (11) Such person is not licensed as a gunsmith or dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is an unserialized frame or receiver or unfinished frame or receiver, such person possesses an unserialized frame or receiver or unfinished frame or receiver, provided that for a period of six months after the effective date of this subdivision, a person shall not be guilty under this subdivision when such person: (a) voluntarily surrenders such unserialized frame or receiver or unfinished frame or receiver to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision [(a)] a of section 265.20 of this article; or (b) possesses such unserialized frame or receiver or unfinished frame or receiver prior to serialization of such unserialized frame or receiver or unfinished frame or receiver in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto, except for antique firearms as defined in subdivision fourteen of section 265.00 of this article, as added by chapter nine hundred eighty-six of the laws of nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight[.]; or
(12) Such person openly carries a rifle or shotgun on or about such person. For the purposes of this subdivision, "openly carries" means to carry a rifle or shotgun in a manner that renders such rifle or shotgun, or any portion thereof, visible to others.
§ 2. Section 265.20 of the penal law is amended by adding a new subdivision f to read as follows:
f. Subdivision twelve of section 265.01 of this article shall not apply to:
1. Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same;
2. Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
3. Peace officers as defined by section 2.10 of the criminal procedure law;
4. Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same;
5. Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract;
6. Persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of their official duties;
7. A government employee under the express written consent of such employee's supervising government entity for the purposes of natural resource protection and management;
8. Persons while lawfully engaged in taking of wildlife or attempts to take wildlife pursuant to a hunting permit or license issued by the department of environmental conservation, or as otherwise authorized pursuant to the environmental conservation law, including while transiting to and from a location where such taking or attempted taking is authorized, and persons while lawfully engaged in hunter education training, marksmanship practice, marksmanship competition or training, or training in the safe handling and use of firearms, in accordance with all applicable local, state, and federal laws, rules, and regulations;
9. Persons, while acting in the scope of their official duties, who are employed in the revenue control and security departments of the metropolitan transportation authority, or the New York city transit authority or an affiliate or subsidiary thereof, who are authorized to carry a firearm as part of their employment;
10. Persons while lawfully engaged in historical reenactments, educational programming involving historical weapons of warfare, or motion picture or theatrical productions, in accordance with all applicable local, state, and federal laws, rules and regulations;
11. Persons, while acting within the scope of their official duties, who are responsible for the storage or display of antique firearms, rifles or shotguns at museums and historic sites;
12. Persons while participating in military ceremonies, funerals, and honor guards;
13. Persons while lawfully engaged in learning, practicing, training for, or competing in the sport of biathlon, in accordance with all applicable local, state, and federal laws, rules, and regulations;
14. Persons while in their homes, places of business, or private property under such person's control; and
15. Persons on the private property of another, provided that the owner or lessee of such property has given the person permission to openly carry a rifle or shotgun by clear and conspicuous signage indicating that the open carry of rifles and shotguns on their property is permitted or by otherwise giving express consent.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to openly carrying a rifle or shotgun
Purpose
This bill aims to regulate the open carry of rifles and shotguns with enumerated exceptions in order to promote public safety and align with existing law in other states.
Summary of provisions
Section one of the bill amends the following subdivisions in § 265.01 of the penal law as follows:
-subdivision 9 is amended to make a technical correction to ensure that persons prohibited from possessing a firearm are also barred from possessing a major component of such firearm;
-current subdivision 9* is renumbered subdivision 10, and gender-neutral language is added; -current subdivision 10 is renumbered subdivision 11;
-new subdivision 12 is added to generally prohibit the open carry of a rifle or shotgun and to define "openly carries" for the purposes of this section as carrying a rifle or shotgun in any manner that renders such rifle or shotgun, or any portion thereof, visible to others.
Section two of the bill adds a new subdivision (f) to § 265.20 to the penal law to provide exceptions from the open carry prohibition as it applies to rifles and shotguns.
Section three of the bill sets the effective date.
Justification
Research suggests that the open carry of rifles and shotguns in public spaces is correlated with an increase in aggressive and violent behav- iors. According to the Giffords Law Center, carrying openly visible guns in public can quickly turn arguments fatal, be used to intimidate and suppress the First Amendment rights of others, and creates confusion for law enforcement responding to a shooting.
The lack of licensing and restrictions on the open carry of long guns has allowed bad actors to display these weapons while engaging in vari- ous forms of intimidation including protests, counter-protests, intim- idation in front of places of worship and places of reproductive health, and even at voting locations with the intent to intimidate voters. The open carry of long guns has also presented a safety concern to law enforcement responding to emergencies in which active shooters have opened fire within or around crowds. Open carry of unlicensed shotguns and rifles makes it difficult for officials to identify and subsequently stop active shooters as it becomes challenging to make distinctions when several individuals are openly carrying weapons. Therefore, in order to protect our citizens and promote a safe environment, it is necessary to regulate the visible carrying of firearms in public. The states of California, Connecticut, Florida, Hawaii, Illinois, along with the District of Columbia, all currently prohibit the open carry of long guns. Additionally, the states of Massachusetts, Minnesota, New Jersey, Rhode Island, Tennessee, and Virginia currently have regulations restricting the open carry of long guns. This bill will allow New York to align with neighboring states and continue to be a leader on gun violence prevention.
Legislative history
2024: S9137-A (Gianaris) PASSED SENATE / A10052-A (Sillitti) died in codes
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.