Civilian Gun Ownership and NY Gun laws
New York gun ownership laws are some of the strictest in the nation. Court cases may mean that the laws will change. All gun owners are responsible to know, understand, and follow all laws.
If you are a new resident in New York State, you may store your guns at the Croton Police Department until you have all legal permits. If you are the legal executor for a deceased gun owner, you may turn their guns in to the Croton on Hudson Police Department for safe storage until the guns can be sold to or through a licensed gun dealer or you may ask for the guns to be destroyed. Croton Police will also accept ammunition. It is illegal to transport the guns to the Croton Police Department if you do not have a permit to do so. Please call Croton Police prior to bringing in guns and ammunition. 914-271-5177
If you believe you have any other hazardous weapons, explosives, gunpowder, materials, etc. it is imperative to contact the Police Department prior to bringing in the item(s). Some items are extremely hazardous and should not be transported. 914-271-5177 Please do not hesitate to call 911 if you have any concern that it is an emergency.
For information about current laws visit:
www.ag.ny.gov/new-york-gun-laws
www.safeact.ny.gov/resources-gun-owners
Laws discussed on these websites include laws specific to shotguns, rifles, and pistols. It is important to check the laws frequently as they may change.
Some important laws, but not limited to:
- Magazine capacity limits.
- Limit on number of rounds permitted.
- Person to person sale prohibition.
- Gun purchase laws.
- Background check laws.
- Banned features on firearms, to include telescoping stock, folding stock, thumbhole stock, and secondary grip on shotguns. Some rifles and pistols have strong restrictions.
- Gun safety and gun training classes.
New York State does NOT have a “Stand your Ground” law. For Information about Duty to Retreat and Castle Doctrine:
www.findlaw.com/state/new-york-law/new-york-self-defense-laws.html
If you own a gun or are considering purchasing one, it is imperative to understand all laws and to practice regularly to be proficient in the use of the weapon.
There are various gun rights organizations in the United States. While the Village of Croton does not endorse or support any organization, we list them here for informational purposes only. Some organizations will have up to date legal information that might be of importance to gun owners.
www.nra.org has an extensive database of all USA gun laws by state.
The New York State “Extreme Risk Protection order” law also known as the “Red Flag law”. This law allows a judge to remove weapons from a citizen.
The law works in a straightforward manner:
A citizen is concerned that someone might pose a threat to themselves, or others and that person owns a gun. The concerned citizen calls their local police, the police, with evidence, petition the court to temporarily remove the person’s guns and the court agrees or disagrees with the petition. If the court agrees, the guns are temporarily removed.
Extreme Risk Protection Order | Red Flag law | NY CourtHelp (nycourts.gov) www.nycourts.gov/CourtHelp/Safety/extremeRisk
www.ag.ny.gov/new-york-gun-laws
From the website: “Extreme Risk Protection Orders (ERPO) keep guns away from people who are at a high risk of using them to hurt other people or themselves. It can order someone to:
- Not have (possess) a firearm, rifle or shotgun
- Not buy a firearm, rifle or shotgun
- Not attempt to have or buy a firearm, rifle or shotgun
- Give up any firearms, rifles or shotguns
An ERPO can be ordered by a Judge very quickly.”
Additional information about the law and how to utilize the law is available on the website.
Another useful website for an Extreme Risk Protection Order: www.gunprotectionorder.org
For information about hunting in NY State, including Westchester specific:
Pistol licenses are issued by the county of residence.
Westchester county clerk: 110 Martin Luther King Boulevard
White Plains NY
914-995-3080
www.westchesterclerk.com/services/pistol-permits
From the Westchester County website:
“Pistol Licenses”
The Licensing Division is located in room #340.
Applying for a Pistol License in Westchester County:
- The Westchester County Pistol Permit Application & Application Instructions and the Pistol License Safety & Information Handbook for Westchester County are available at the Department of Public Safety's Pistol License Unit website. You must download the application and handbook.
- Pistol license applications are submitted to the Westchester County Department of Public Safety. Pistol License applicants must make an appointment with Public Safety’s Pistol License Unit by calling 914-995-2709. More information on applying for a pistol license is available at the Department of Public Safety website. The County Clerk’s Office cannot schedule pistol license appointments for Public Safety.
- The Department of Public Safety will fingerprint and interview the applicant and conduct a background investigation.
- Upon completion of its investigation, Public Safety forwards the application to the Office of the County Clerk.
- The County Clerk’s staff delivers the application to the Court for its determination. In Westchester County, Justices or Judges of the Supreme or County Court, respectively, determine whether a pistol license will be issued.
- The Court forwards its determination to the County Clerk’s Office. If the application is denied, you will be notified by the Court. If the application is granted, you will be notified by the County Clerk. Upon receipt of the County Clerk’s notification, you must come to this office to have your photo taken and signature captured and your new license will be printed and issued on the spot. Appointments are encouraged to avoid a wait when you arrive, but not required.”
For additional information, to click on links: www.westchesterclerk.com/services/pistol-permits
This article was written by members of the Police Advisory Committee as part of the Community Information Project.