Transportation of Firearms in NYC

NYC’s laws are strict and specific: how your gun is stored, where you can take it, and even how you carry ammunition are all tightly regulated. Whether you’re heading to the range, passing through an airport, or transferring a firearm between approved locations, a misstep can lead to serious legal consequences.

These laws specify exactly how your firearm must be stored during transport, where you can legally take it, and even how your ammunition must be carried. If you’re facing charges related to firearm transportation or need guidance on compliance with NYC’s complex gun laws, experienced legal representation can make a critical difference in protecting your rights and freedom. Contact us today for a free consultation.

NYPD License Division Regulations

38 RCNY § 5-23: Handgun Transport Restrictions for Premise License Holders

Premise license holders may transport their handguns only for very limited, specific purposes and only between locations that the NYPD recognizes as lawful destinations.

The most common permissible purposes include travel to an authorized shooting range or to a gunsmith, as well as directly between the residence or business address associated with the license and one of those approved destinations.

The rule also requires that transport be conducted in a strictly “direct” manner. This means that the license holder must not make unnecessary stops that could undermine the legitimacy of the transport.

38 RCNY § 5-25: Requirements for Acquisition of Handguns

This regulation sets forth the minimum security requirements for moving a handgun directly from the place of purchase to the address specified on the license, within New York City. During transport, the handgun must be fully unloaded and placed in a locked, hard-sided container that prevents unauthorized access.

The container must remain closed and locked for the entire duration of the trip and must not be accessible to the license holder or anyone else without being deliberately unlocked. Ammunition must be stored separately and not readily usable.

• The firearm must be unloaded during transport
• The firearm must be placed in a locked container that is not easily broken
• The firearm must not be visible or accessible while in transit
• Ammunition must be carried separately

38 RCNY Chapter 16: Weapons Transport Rules

Chapter 16 governs weapons shipments and transports that fall outside the standard handgun-license system, such as deliveries by dealers, commercial carriers, or individuals who are not NYC handgun license holders. These rules do not apply to a typical NYC resident transporting their own licensed handgun under Chapter 5 above.

§ 16-03: Mandatory Written Request to NYPD for Transporting Weapons Within or Through NYC

Shipments into or through NYC, transport by non-license holders, or movement of weapons that are not regulated under Chapter 5 (rifles, shotguns, or other defined ‘weapons’ under the penal law) require a written request submitted to the NYPD License Division before transport. This requirement generally applies to:

• Restricted or unusual weapons
• Transport by individuals without standard handgun licenses

The written request must include:

• Name and address of the source of the shipment
• Number of weapons plus their detailed description (manufacturer, caliber, and model)
• Intended recipient’s name, address, and license (if applicable)
• The estimated date, time, and place of arrival in the city
• Carrier’s name and contact details (if different from the source)
• The request must be submitted at least 10 calendar days before the proposed transport
• Must include a sworn statement (before a notary or comparable official) that the weapons will be transported unloaded, in compliance with § 16-05, and acknowledging that noncompliance voids the authorization and may result in criminal penalties and forfeiture.

§16-05: Standards for Secure Transport

• Under §16-05, when transporting or delivering weapons within or through New York City (pursuant to a valid written authorization), the weapons must be unloaded and placed in one or more secure containers made of sturdy material that cannot be easily opened.
• These containers must be locked with a heavy-duty key or combination lock and must be securely fastened to the interior body structure of the transporting vehicle so they cannot be removed without unlocking.
• The vehicle’s cargo area must remain closed and locked (except during loading/unloading). Ammunition must not be stored with the weapons.
• A manifest listing the number and type of weapons being transported and the intended delivery point must accompany the shipment. That manifest must include the NYPD License Division’s permission serial number.
• If the transport involves offloading from one mode and reloading to another within the city, the NYPD may require a uniformed escort. The transport protocol under this section applies to all “weapons” shipments covered by Chapter 16, including rifles, shotguns, and machine guns, as well as handguns not otherwise exempt under other rules.

These secure-transport standards apply only to weapons shipments authorized under Chapter 16—typically commercial, dealer, carrier, or non-license transports—and do not replace or modify the handgun-transport rules that apply to NYC premises or carry license holders under Chapter 5.

NYC Administrative Code

§ 10-131(h)(1): Loaded Rifles and Shotguns Prohibited in Public

New York City prohibits the transportation of loaded rifles and shotguns in any public place or in any vehicle. A long gun is considered “loaded” under the law if ammunition is present in the chamber or in a magazine attached to the firearm (if ammunition and the firearm are together in a usable configuration, the law treats the weapon as loaded).

§ 10-131(h)(2): Requirements for Transporting Unloaded Long Guns

Under this section, an unloaded long gun may not be carried openly in any public place within the city, regardless of whether the person is licensed or exempt from licensing. For lawful transport, the firearm must be secured in a manner that prevents its immediate use, public visibility, or easy access.

An unloaded rifle or shotgun may be transported only if:

1. It is completely enclosed in a case or other container
2. It is not visible to the public
3. It is not readily accessible
4. Any ammunition is stored separately

These requirements apply equally to permit holders, licensees, and persons otherwise exempt from licensing restrictions.

§10-131(i): Possession of Ammunition Without Authorization

Under NYC law, possession or transport of ammunition or ammunition-feeding devices is prohibited unless specifically authorized. For pistol/revolver ammunition, typically, only persons licensed to possess those firearms may lawfully possess matching ammunition.

Possessing ammunition without a valid permit for a handgun is prohibited. For rifles or shotguns, permissible ammunition possession depends on lawful registration and possession under a rifle/shotgun permit. Dealers have separate rules.

New York State Penal Law

Penal Law Article 265: Weapons Possession

Article 265 contains the state’s provisions governing unlawful possession of firearms and other weapons. Improper transport can result in a violation of gun possession laws.

NY Penal Law § 265.01-e: “Sensitive Locations”

This statute identifies specific areas where firearms may not be carried, even by individuals with valid concealed carry licenses. These include, but are not limited to:

• Public transportation
• Government buildings
• Schools
• Places of worship (exceptions for those providing security)
• Times Square
• Places that serve alcohol
• Financial institutions
• Homeless shelters
• Locations used as polling places
• Any gathering of people exercising their constitutional rights to protest or assemble.
• Places used for performance/sporting events
• Healthcare-providing facilities
• Any program serving children, youth, or young adults that is licensed, certified, approved, or funded by the Office of Children and Family Services
• Zoos and museums
• Playgrounds, libraries, and similar

Requirements Before Transportation

NYC Admin Code § 10-302: Valid License

Before transporting a handgun within New York City, an individual must possess a valid NYPD-issued handgun license. A firearm license issued elsewhere in the state does not authorize transport within the city limits. The license must be current, and all listed information must be accurate to avoid complications during a law enforcement encounter.

NYC Admin Code § 10-303: Rifle & Shotgun Permit

In NYC, possession of rifles and shotguns requires a valid NYPD-issued Rifle/Shotgun Permit under § 10-303. Additionally, each rifle or shotgun must be registered with the NYPD’s Rifle/Shotgun Section.

However, many rifles are effectively banned in NYC due to a combination of:

• Assault weapon prohibitions (Penal Law § 265.00)
• Magazine capacity limits (10 rounds maximum)
• Bans on specific models

Important note: Rifles that are legal elsewhere in New York State may still be illegal in NYC. Even with a state rifle permit, possessing a rifle that exceeds the city’s restrictions can result in criminal liability.

For transport or carrying within the city, the firearm generally must remain unloaded and be completely enclosed in a non-transparent case, so it is not visible or readily accessible.

Permit holders should carry their permit with them while possessing the firearm, and must comply with the broader transport/carry restrictions in the local code.

Consequences of Irregular Transportation

Failure to comply with NYC transport regulations can result in misdemeanor or felony charges, arrest, seizure of the firearm, and potential revocation of the individual’s license.

Penalties vary depending on the circumstances. Factors such as whether the firearm was loaded, accessible, unlicensed, or carried in a sensitive area may elevate a violation under New York State Penal Law.

Transportation of More Than One Firearm

NYC allows licensed individuals to transport more than one firearm, provided all firearms are unloaded, fully secured in an appropriate case or locked container, and the individual is legally authorized to possess each one. Using separate locked cases or a rigid multi-gun case is common practice, though it is not specifically mandated by NYC law.

Transportation Outside City Limits with an NYC License

A New York City premise license authorizes possession of the handgun only at the specific premises listed on the license and strictly regulated transport to and from limited lawful destinations (such as a gunsmith or shooting range) under NYPD license conditions. It does not provide general authority to carry a handgun elsewhere in New York State, and the same goes for carry permits.

When leaving the five boroughs, transport must comply with New York State law and any applicable licensing rules for the areas traveled through.

If crossing state lines, the federal Firearm Owners Protection Act (FOPA) may provide limited protection, but only when the person is traveling between two places where they can legally possess the firearm. In addition, the firearm must be unloaded and locked in a container not readily accessible, and the trip is reasonably continuous without unauthorized stops.

NYC Airports

NYC airports are high-risk because firearms that are lawful under TSA rules may still be unlawful under NYC possession laws. Travelers have been arrested after declaring firearms, even when packed correctly, if they did not possess a valid NYC handgun license or otherwise meet an exemption.

Firearms must be locked in a hard-sided case, unloaded, and declared to the airline at check-in. Ammunition must be properly boxed and stored separately in TSA-approved boxes.

These federal rules do not override NYC or NY State possession laws, which require lawful possession of the firearm itself. Most arrests occur even when transport is compliant with TSA rules, yet:

• The traveler lacked a valid NYC license
• NYC does not recognize out-of-state permits
• NYC has no general travel exemption for airports

What to Do if Stopped by the NYPD

During a stop, remain calm. If an officer requests your identification or firearm license, present it without reaching toward the firearm or its case.

You are not required to volunteer explanations about the firearm, but you may answer basic identity questions. If an officer begins asking detailed questions, you may state that you wish to remain silent and speak with an attorney before answering further.

Legal best practice:

• Only answer questions necessary to comply with lawful orders
• Do not make unsolicited statements about legality or circumstances
• If questioned about the firearm beyond basic identification, it is safer to assert the right to counsel

NYC Transportation of Firearms Recap

Must Be Unloaded

Firearms transported in NYC must be unloaded. For long guns, NYC law prohibits any ammunition in the chamber or in a magazine attached to the firearm.

Must Be in a Locked Container

For non-carry permits, handguns transported under an NYPD license must be secured in a locked, hard-sided container. Long guns must be completely enclosed in a non-transparent case.

Ammunition Must Be Separate

Ammunition must comply with NYC’s possession rules—only the ammunition you are licensed to possess may be transported. While separating and boxing ammunition is a widely recommended safety practice.

Transport Must Be Direct

For handgun licensees, NYPD rules generally require direct travel between authorized locations such as home, shooting range, or gunsmith, without unnecessary stops. Long-gun transport must comply with NYC’s unloaded-and-enclosed requirements.

Contact Us for a Free Consultation

Legal counsel is recommended whenever uncertainty arises regarding the scope of your license, the legality of a particular route, interaction with sensitive locations, or any incident involving police questioning, arrests, or firearm seizure.

Our NYC firearm attorneys can provide guidance on lawful transport, assist in responding to NYPD inquiries, and represent individuals facing charges related to improper transportation.

Additionally, we provide legal assistance to NYC residents applying for a carry or premises license, as well as to nonresidents with a valid New York State license seeking a special carry license. Contact us today for a free consultation.