By Peter Ticali — Founder & Lead Instructor, NY Safe Inc. | NRA Endowment Life Member | NRA Chief Range Safety Officer | NY Pistol License Holder Since 1992
Updated: February 20, 2026 — This article is updated within 48 hours of any ruling in Wolford, Koons, or LaFave.

⚠ Legal Disclaimer: This article is for educational purposes only and does not constitute legal advice. New York’s firearms laws are actively litigated and subject to rapid change. Always consult a licensed New York firearms attorney before making carry decisions.

I received my New York pistol license in 1992. I have trained thousands of people to carry legally across New York and more than a dozen other states. And I will tell you plainly: right now, in February 2026, New York carry law is more unsettled than at any point in my career.

That is not a political statement. It is a description of a legal landscape where federal district courts, the Second Circuit Court of Appeals, and the United States Supreme Court are simultaneously working through questions that no one has definitively answered. Courts are blocking provisions, reinstating them, vacating their own rulings, and granting extraordinary en banc rehearings. A landmark Supreme Court case was argued just one month ago. Another major circuit-level ruling is due any week.

Meanwhile, the statute is fully enforceable. Carrying in the wrong place in New York today is a felony. The fact that lawyers are arguing about the constitutionality of a law does not suspend its enforcement. Arrests happen immediately. Appeals take years.

This guide is a legal status report — written for people who hold or are pursuing a New York carry license and need to understand exactly where the law stands today, which court decisions control their daily carry decisions, and what changes are coming.

🚨 Quick Reference: Where You Cannot Carry in New York (Save or Screenshot This)

These are currently enforced sensitive locations under NY Penal Law §265.01-e. Carrying in any of these locations is a Class E felony even with a valid pistol license. This list applies statewide unless noted otherwise.

1. ❌ All schools, colleges, daycare centers (K–12, public and private, including grounds)
2. ❌ All government buildings and courthouses
3. ❌ Houses of worship (churches, synagogues, mosques, temples)
4. ❌ All public parks, public playgrounds, libraries, and zoos — statewide
5. ❌ All public transportation (NYC subway, LIRR, Metro-North, MTA buses)
6. ❌ Times Square (within the defined geographic zone)
7. ❌ Any bar or restaurant serving alcohol for on-premises consumption
8. ❌ Hospitals, clinics, mental health and substance abuse treatment facilities
9. ❌ Theaters, stadiums, arenas, amusement parks, casinos, concert halls, museums
10. ❌ Active public demonstrations, rallies, or protests
11. ❌ Anywhere in New York City without a separate NYPD-issued carry license

✅ Where you generally can carry: Public sidewalks and streets not adjacent to a sensitive zone; most private commercial businesses unless conspicuously posted “no firearms”; your personal vehicle while traveling with a valid license; your home and property; state forest preserve lands in the Adirondacks and Catskills (with exceptions for specific facilities within those parks).

Print this list. Save it to your phone. Know it before you leave the house. New York’s sensitive location law is a Class E felony — and “I didn’t know” is not a defense.

Part I — The Constitutional Reset: What Bruen Actually Changed

Before you can understand where New York carry law stands today, you have to understand what broke it open in the first place.

For decades, Second Amendment cases were decided using a two-step means-ends balancing test. A judge would determine whether the law burdened Second Amendment-protected conduct, then weigh the government’s stated public-safety interest against the burden on the citizen’s rights. In practice, the government won almost every time.

The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1, threw that entire framework out. Justice Thomas, writing for a six-justice majority, established the text-and-history test:

“When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”
— Bruen, 597 U.S. at 17

No more interest balancing. No more deference to legislative safety judgments. If the government wants to restrict where or how a citizen exercises Second Amendment rights, it must identify laws from the Founding era (around 1791) or Reconstruction era (around 1868) that are relevantly similar to the modern restriction. The burden is on the state, not the citizen.

Bruen did not eliminate “sensitive places.” The Court preserved the concept, citing schools and government buildings as historical examples — but warned that sensitive-place designations must be used sparingly. For a deeper look at what this means, see our post on the real meaning of the Second Amendment.

Albany heard that warning and took a different lesson.

The CCIA: Albany’s Legislative Counter-Offensive

Within weeks of Bruen, New York passed the Concealed Carry Improvement Act (CCIA), signed July 1, 2022. It was a comprehensive legislative response designed to preserve as much of New York’s prior restrictive framework as the new constitutional standard would permit — and, many would argue, considerably beyond.

The CCIA replaced “proper cause” with a “good moral character” standard requiring references, a background investigation, and an in-person interview. It mandated 18 hours of mandatory training — 16 classroom hours plus 2 hours of live-fire qualification. It created an unprecedented sensitive-locations list far beyond the schools-and-government-buildings framework Bruen had cited. It imposed a private property opt-in presumption making all commercial property presumptively gun-free (later struck down). And it required social media disclosure from all applicants (also struck down).

Gun rights organizations including the New York State Rifle & Pistol Association, the Firearms Policy Coalition, and the Second Amendment Foundation filed suit almost immediately. For a broader overview of ongoing court battles, see our NY firearms law resource library.

Part II — The Sensitive Locations List: What Is Enforceable Right Now

Under NY Penal Law §265.01-e, the following locations are currently prohibited for concealed carry even with a valid New York pistol license. These designations are actively enforced and have been upheld by the Second Circuit Court of Appeals.

The Penalty: Carrying in a sensitive location is a Class E felony under NY Penal Law §265.01-e — even with a valid pistol license. A Class E felony carries up to 4 years in state prison, a permanent felony record, and loss of your firearms license. This is distinct from unlicensed carry (Criminal Possession of a Weapon in the Second Degree, a Class C violent felony). You can be a fully licensed, trained, law-abiding carrier and still commit a felony by walking into the wrong place.

For a quick-reference version, see our NY CCW sensitive locations guide. This article provides the legal depth behind each designation.

Educational Institutions

All schools K–12 (public and private), colleges, universities, daycare centers, nursery programs, and locations licensed by the Office of Children and Family Services providing services to youth — including adjacent grounds and parking areas. These provisions are among the least contested in the litigation. Historical analogues for restricting firearms near places of learning are relatively strong, and no significant challenge to the school designation has gained traction.

Government Property

All buildings owned or operated by state, county, city, town, or village government — including courthouses, polling places, and public housing complexes. Government buildings and courthouses were specifically named in Bruen and Heller as prototypical sensitive locations. These are unlikely to fall in litigation.

Houses of Worship

Upheld in Antonyuk v. James (2nd Cir. 2024). Churches, synagogues, mosques, temples, and other religious institutions. There is a narrow statutory exception for persons responsible for security at such a place of worship — but this requires formal institutional authorization. Consult a firearms attorney for your specific situation.

Public Parks, Playgrounds, Libraries, and Zoos — Statewide

This is one of the most misunderstood provisions of the CCIA, and one of the most important corrections in this updated article.

Public parks are designated sensitive locations statewide under the CCIA — not just within New York City. The statute specifically lists libraries, public playgrounds, public parks, and zoos as sensitive locations. This applies to a neighborhood park in Buffalo, a county park on Long Island, a state park recreation area in the Hudson Valley, and Central Park alike.

The Adirondack and Catskill Parks exception: The NY official FAQ confirms that certain areas within the Adirondack and Catskill Parks are not considered sensitive locations — specifically, state-owned lands classified as state forest preserve, and generally private lands within those park boundaries. However, specific facilities within those parks that fall into other sensitive-location categories (libraries, government buildings, etc.) remain restricted. If you carry in the Adirondacks or Catskills, know exactly what type of land you are on.

Bottom line for everyday carry: Do not carry in any public park, public playground, library, or zoo in New York without first confirming the specific land classification. When in doubt, don’t. The default for any publicly designated park is restricted.

Public Transportation

Upheld in Frey v. City of New York (2nd Cir. Sept. 2025). This covers the entire NYC subway system (all stations, all cars, 24/7), the Long Island Rail Road, Metro-North, MTA buses, and Amtrak within New York State.

This is one of the most significant practical restrictions for Suffolk County and Nassau County permit holders who commute into the city. Even with both a valid state pistol license and a valid NYPD carry license, you may not carry on the subway, LIRR, or Metro-North.

Times Square

Specifically designated by statute and upheld in Frey v. City of New York. Times Square is defined by a geographic boundary set in the CCIA — not simply by common understanding of the entertainment district. The defined area includes the zone bound by Eighth Avenue, Fortieth Street, Sixth Avenue, and Fifty-third Street, plus the area bound by Ninth Avenue, Fortieth Street, Eighth Avenue, and Forty-eighth Street. We covered the pattern of how gun laws fail in Times Square in a prior post.

Bars and Restaurants Serving Alcohol

Any establishment that serves alcoholic beverages for on-premises consumption is a designated sensitive location — regardless of whether the primary purpose is dining or drinking. If you can order a drink with your meal, that restaurant qualifies. A deli selling sealed bottles does not. When in doubt: if alcohol is consumed on the premises, do not carry there.

Healthcare Facilities

Hospitals, emergency departments, outpatient clinics, mental health treatment centers, and substance abuse treatment facilities.

Entertainment and Recreation Venues

Theaters, stadiums, racetracks, museums, amusement parks, performance venues, concert halls, exhibit halls, conference centers, banquet halls, casinos, and gaming facilities. This is one of the broadest categories in the CCIA and one where the historical-analogue challenge is thinnest — watch Koons en banc for this category specifically.

Public Demonstrations

Any area where an active lawful public demonstration, rally, or protest is occurring. The geographic scope is not precisely defined in the statute. See our post on public gathering safety and situational awareness. Conservative position: if a demonstration is occurring anywhere in your vicinity, do not carry in that area.

The NYC License Trap — A Felony Hiding in Plain Sight

Upheld in Frey v. City of New York.

This is the single most misunderstood element of New York carry law. A valid New York State pistol license — issued by Suffolk County, Nassau County, Westchester, or anywhere else in the state — does not authorize carry within the five boroughs of New York City. To legally carry in any of the five boroughs, you must hold a separate license issued by the NYPD License Division.

If you are a Long Island permit holder who drives into Brooklyn to visit family, commutes into Manhattan for work, or passes through any borough while armed — you are committing a felony unless you also hold an NYPD carry license. See our full guide on how to apply for a NYC concealed carry permit.

⚠ No Exceptions: Carrying in any of the locations above is a Class E felony under NY Penal Law §265.01-e. There is no good-faith exception. There is no “I didn’t know” defense. There is no “the law is being challenged” defense. A pending court case does not suspend enforcement.

Part III — What Has Been Struck Down

Two significant CCIA provisions have been invalidated by federal courts and are not currently being enforced. Understanding why they were struck down reveals the weak points in the law that future litigation is targeting.

The Private Property Opt-In Rule — Struck Down

The CCIA originally made all private property open to the public — grocery stores, malls, banks, retail shops, non-alcohol restaurants — presumptively prohibited for carry unless the owner posted affirmative signage permitting it. The gun owner needed permission; silence meant prohibition.

Federal courts struck this provision down. To survive Bruen, the state needed to identify a historical tradition of making carry on publicly accessible private property presumptively illegal. The best it could offer were two laws:

A 1771 New Jersey anti-poaching statute — prohibited carrying firearms on another’s land without permission, targeting hunting trespass on enclosed private property. Courts found this was an anti-trespass measure for cultivated farmland, not a rule governing commercial spaces open to all comers.

An 1865 Louisiana law — prohibited carrying firearms on another’s premises without consent. This was one of Louisiana’s post-Civil War Black Codes — legislation specifically designed to disarm freed Black Americans. Courts found it constitutionally toxic as a historical analogue: a law whose purpose was to suppress constitutional rights cannot serve as precedent for restricting those same rights.

Both analogues failed. The current rule: licensed carriers may carry in most private commercial spaces unless the business has conspicuously posted “no firearms” signage. The default has flipped — carry is permitted unless explicitly prohibited. Watch for the Supreme Court’s ruling in Wolford v. Lopez (Part IV), which will establish a national constitutional standard on this exact question.

The Social Media Disclosure Requirement — Struck Down

The CCIA required all permit applicants to submit their social media account history for review by licensing authorities. Federal courts struck this on First Amendment grounds — requiring citizens to expose their protected speech as a condition of exercising a different constitutional right creates an unconstitutional chilling effect. This provision is not being enforced. See also our post on the double standard in New York gun laws.

Part IV — The Litigation: Case-by-Case Legal Analysis

Five cases define the current legal landscape and will shape New York carry law for the next several years. For broader context, see our post on 2025 Second Amendment court battles.

Case 1: Antonyuk v. James

Court: U.S. Court of Appeals, Second Circuit
Status: SCOTUS cert denied April 7, 2025 — CONTROLLING LAW IN NEW YORK

Shortly after the CCIA passed, Ivan Antonyuk and a coalition of gun rights organizations challenged virtually every significant provision of the new law in the Northern District of New York. The district court issued a broad preliminary injunction blocking many CCIA provisions. New York appealed, and the Second Circuit consolidated related challenges into a 261-page ruling in October 2024.

What the Second Circuit upheld: Most sensitive location designations including parks, the good moral character standard, the 18-hour training requirement (learn about NY’s 18-hour training requirement), character references and in-person interview, and the NYC-specific license requirement.

What the Second Circuit struck: The private property opt-in presumption and the social media disclosure requirement — both discussed in Part III.

The SCOTUS cert denial — April 7, 2025: The Supreme Court declined to hear the case without explanation. A cert denial is not an endorsement of the Second Circuit’s reasoning — the Court denies more than 95% of petitions it receives. The denial likely reflects the Court’s awareness that Wolford v. Lopez was already on its docket and that Koons en banc was developing. The Court may be waiting for a cleaner vehicle on the sensitive-location question.

What this means for you: Every provision the Second Circuit upheld is currently enforceable law. The sensitive locations — including the statewide parks ban — are active. The training requirements are mandatory. The character standard applies to all applicants.

Critical analysis: The Second Circuit’s reasoning has been criticized for drawing heavily on post-Founding-era laws to justify restrictions the state could not support with Founding-era precedent. The core argument against it — that designating so many locations as “sensitive” effectively nullifies the public carry right Bruen explicitly protected — has not prevailed in the Second Circuit yet, but it will eventually reach the Supreme Court.

Case 2: Frey v. City of New York

Court: U.S. Court of Appeals, Second Circuit, No. 23-365
Status: Decided September 2025 — FINAL AND ENFORCEABLE

Two licensed New York State carry permit holders challenged the CCIA’s most visible NYC restrictions: the Times Square designation, subway and commuter rail bans, and the requirement that a state pistol license is insufficient to carry within the five boroughs. The Southern District denied a preliminary injunction; the Second Circuit affirmed in September 2025.

Times Square: Analogized to historical restrictions on firearms in crowded public markets and large civic gatherings. The court found the “crowded public space” tradition sufficient.

NYC subway and Metro-North: The court pointed to historical regulation of firearms on common carriers — early rail systems, ferries, stagecoaches — as analogues. Critics note that early common carrier rules addressed specific disruptive conduct, not blanket bans by licensed citizens on an entire regional transit system.

NYC-specific license requirement: Upheld on the basis that localities have historically imposed their own firearms regulations, and a city-specific license structures — but does not eliminate — the constitutional right in the five boroughs.

Bottom line: Whatever the doctrinal merits, the subway ban is enforced, it carries felony consequences, and it will remain in place until a higher court says otherwise.

Case 3: Wolford v. Lopez (Docket No. 24-1046)

Court: Supreme Court of the United States
Status: Argued January 20, 2026 — DECISION EXPECTED JUNE/JULY 2026

This is the most important Second Amendment case in the country right now.

After Bruen, six states enacted what gun rights advocates call the “vampire rule” — carry permit holders needed affirmative permission from property owners before carrying on private property open to the public. Hawaii’s version was challenged by three Maui residents and the Hawaii Firearms Coalition. The Ninth Circuit upheld Hawaii’s law — but the Second Circuit had struck New York’s identical provision in Antonyuk, and the Third Circuit had struck New Jersey’s version in Koons. That three-circuit split required Supreme Court intervention. The Court granted cert on October 3, 2025. We covered this when it happened in our post on the Supreme Court taking Wolford.

The oral argument — January 20, 2026: Based on observer accounts, the conservative justices were deeply skeptical of Hawaii’s historical analogues. Multiple justices questioned whether a 1771 New Jersey anti-poaching statute and an 1865 Louisiana Black Code represent an adequate historical tradition of prohibiting carry in commercial spaces.

Why Wolford matters for New York — three reasons:

First, it will establish a national constitutional floor. A ruling that states cannot make carry presumptively illegal on publicly accessible private property becomes binding on all fifty states. Any future NY attempt to restore an opt-in presumption would be immediately unconstitutional.

Second, it will clarify historical-analogue methodology — the most important unanswered question in current Second Amendment law. A broad ruling rejecting the 1771 NJ and 1865 LA laws as insufficient will pull the analytical foundation out from under sensitive-location reasoning in Antonyuk, Frey, and Koons alike.

Third, if the Court’s reasoning comments broadly on what qualifies as an adequate historical analogue for location-based restrictions, it creates grounds for new challenges to NY’s entertainment-venue, healthcare-facility, and alcohol-serving-restaurant designations — where historical support is thinnest.

Expected timeline: The Court typically issues its most significant decisions at the close of its term. Expect a ruling between June 15 and July 2, 2026.

What Changes If Wolford Rules for Gun Owners: The two historical laws at the center of this case — a 1771 NJ anti-poaching ordinance and an 1865 Louisiana Black Code — are the same two laws cited by every circuit that has upheld sensitive-location restrictions. If the Supreme Court rejects them as insufficient, it dismantles the analogical foundation of the entire post-Bruen sensitive-location framework simultaneously. Here is what that could mean overnight for New York: (1) Any future attempt to restore a private-property opt-in presumption would be unconstitutional on arrival. (2) Challenges to entertainment venues, healthcare facilities, and bars become dramatically stronger — those provisions rely on the same two rejected analogues. (3) The parks ban, already one of the broadest and least historically supported designations, becomes newly vulnerable to direct challenge. This article will be updated within 48 hours of the ruling.

Case 4: Koons v. Platkin (Consolidated with Siegel v. Attorney General)

Court: U.S. Court of Appeals, Third Circuit — En Banc
Status: En Banc Oral Argument February 2026 — DECISION PENDING

New Jersey’s post-Bruen response designated 25 different location categories as “sensitive places.” The categories were so sweeping that a three-judge dissent later described the law as banning carry “nearly everywhere that ordinary human action occurs.” Two groups of plaintiffs — including the Second Amendment Foundation and Firearms Policy Coalition — filed suit immediately. See our prior coverage of New Jersey’s permit-to-carry process to understand the baseline regime.

The September 2025 panel decision upheld most of NJ’s sensitive-location designations but struck the private property opt-in rule (consistent with Antonyuk), the vehicle carry ban (finding it likely unconstitutional — significant for suburban carry), a ban on youth sporting events (no adequate historical analogue), and a $300,000 liability insurance mandate (no historical precedent; functions as a wealth-based barrier to a constitutional right — the equivalent of a poll tax).

The en banc reversal — December 2025: The full Third Circuit vacated the panel’s opinion and granted en banc rehearing. En banc rehearings are rare; they signal that a majority of the court’s judges disagree with the panel’s reasoning, outcome, or both. The court heard oral argument in February 2026.

Why Koons matters more than any other pending case for New York: New York and New Jersey enacted nearly identical post-Bruen frameworks. Every location category that survives or falls in Koons has a direct analogue in the CCIA. If the full Third Circuit strikes parks — finding no adequate historical tradition of banning carry in public recreational spaces — that reasoning will immediately appear in briefs challenging New York’s statewide parks restriction. If entertainment venues fall, the same challenge follows in New York courts.

This may be the most consequential Second Amendment ruling of 2026.

Case 5: LaFave v. County of Fairfax

Court: U.S. Court of Appeals, Fourth Circuit, 2025
Status: Cert petition pending at SCOTUS — WATCH

Fairfax County, Virginia enacted a local ordinance prohibiting firearms in county-owned parks. The Fourth Circuit struck it down, finding the government had failed to demonstrate a historical tradition of prohibiting firearms in public parks and outdoor recreational spaces.

New York’s statewide parks ban is upheld by the Second Circuit in Antonyuk. But LaFave cuts directly against that holding: a different circuit examined the same historical question and reached the opposite conclusion. We have written about how gun-free zones fail in NYC parks — and now there is legal authority in another circuit that those bans may not even be constitutional.

If the Supreme Court grants cert and affirms, that ruling would conflict with Antonyuk‘s analysis and create direct grounds for a new challenge to New York’s statewide parks restriction. Combined with a potential Wolford ruling clarifying historical-analogue methodology, a LaFave affirmance could represent the most significant transformation of New York’s carry landscape since Bruen itself.

Part V — How These Cases Connect

These five cases are not isolated disputes. They are part of a single extended constitutional argument about the limits of the Second Amendment in public life.

The Central Problem: What Makes a Historical Analogue Adequate?

Every one of these cases turns on the same foundational question: what historical law qualifies as an adequate analogue for a modern carry restriction?

The same two historical laws appear repeatedly across Antonyuk, Koons, and Wolford: the 1771 New Jersey anti-poaching statute and the 1865 Louisiana Black Code. Different courts are using these same laws to reach opposite conclusions. This inconsistency is the core of the circuit split that brought Wolford to the Supreme Court. The methodology question — how close must a historical analogue be, how many are needed, how much post-Founding history may be used — is the question whose answer will determine the future of sensitive-location law everywhere.

The Expanding Definition Problem

Bruen warned sensitive places must be “used sparingly.” The Court cited schools and government buildings — a narrow list. The question now is whether states may extend the concept to encompass essentially every space where people congregate.

The dissenting judge in Koons captured the problem: under the majority’s reasoning, the legislature was permitted to designate “nearly everywhere that ordinary human action occurs” as a sensitive location. If that is the standard, the public carry right recognized in Bruen effectively does not exist. You can be licensed, trained, vetted, and legally entitled to carry — and still find that virtually every public space is off-limits. We explored this in our post on whether gun-free zones actually work.

The Rahimi Variable

In 2024, the Supreme Court issued United States v. Rahimi, clarifying that courts should not require a “historical twin” of modern regulations — close similarity in purpose and effect is sufficient. But analogies must reflect principles actually operative at the Founding, not pretextual or contextually limited laws bearing only superficial similarity to modern restrictions. Lower courts are interpreting Rahimi differently. Wolford gives the Supreme Court the opportunity to clarify what the standard actually requires in sensitive-location cases. See also our post on the DOJ’s new 2A rights division and what it may mean for New York gun owners.

Quick Reference: All Five Cases at a Glance

Part VI — What You Should Actually Do Right Now

Where You Can Generally Carry

• Public sidewalks and streets — not within or adjacent to a designated sensitive zone
• Most private commercial businesses (retail, offices, gyms, non-alcohol restaurants) — unless conspicuously posted “no firearms”
• Your personal vehicle while traveling through New York with a valid license
• Your home and on your own property
• State forest preserve lands within the Adirondack and Catskill Parks (confirm the specific land classification — some facilities within those parks are restricted)

Where You Absolutely Cannot Carry

• Any public park, public playground, library, or zoo — statewide, not just NYC
• The NYC subway, Metro-North, or LIRR — full stop
• Times Square (within the defined geographic zone)
• Any school, college, or daycare facility or their grounds
• Any government-owned building or courthouse
• Any house of worship absent specific institutional security authorization
• Any bar or restaurant serving alcohol for on-premises consumption
• Any hospital, clinic, or healthcare facility
• Any theater, stadium, museum, casino, concert hall, or entertainment venue
• Anywhere in NYC without a separate NYPD-issued carry license

The Gray Areas — Exercise Extreme Caution

• Near an active public demonstration: The geographic and temporal scope is not precisely defined. See our post on public gathering safety.
• Airports (non-sterile areas): Federal law governs post-security areas. Pre-security involves a complex overlay of state and federal rules.
• Businesses with both alcohol and non-alcohol service: If alcohol is served in the same space, err toward not carrying.
• Adirondack and Catskill Park facilities: State forest preserve and private lands within those parks are generally not restricted, but libraries, government buildings, and other sensitive-location categories within the parks remain prohibited. Know what type of land you are on before carrying.
• Traveling through New Jersey while armed: The Koons en banc ruling is pending. Know current status before crossing the state line. Our NJ permit-to-carry guide covers the baseline requirements.

⚠ Pending Cases Provide No Legal Protection: Carrying in a prohibited location while a case is pending is still a felony. “A court in the Fourth Circuit struck down a parks ban” will not protect you from arrest in New York. New York’s laws are enforced as upheld by the Second Circuit until a binding ruling changes them. The legal process and criminal enforcement operate on entirely different timelines.

For practical guidance on day-to-day carry, see our posts on handling police encounters while carrying, the top concealed carry errors to avoid, when you can legally use force in New York, and the NY Castle Doctrine.

Conclusion: The Fight Is Not Over. The Statute Is.

The Second Amendment is not a settled question in New York, and it will not be a settled question for the foreseeable future. By the end of 2026, we will have a Supreme Court ruling in Wolford, a full Third Circuit en banc ruling in Koons, and possibly a cert grant in LaFave that puts the statewide parks question directly before the Supreme Court.

These are not abstract legal developments. They are cases about where you are legally permitted to carry a firearm to defend yourself and your family on an ordinary day in New York — on the street, in the park, on the way to work. They matter enormously.

But they are not decided yet. And the statute — as it stands, as the Second Circuit has upheld it, as law enforcement enforces it — is fully operative right now. Carrying in a sensitive location today is a felony today, regardless of what any pending case may eventually decide.

This is why real training — from someone who reads the cases and follows the litigation — matters more in New York than perhaps anywhere else in the country. Not just because you need to know how to handle a firearm safely. But because you need to know the law well enough to carry within it, and to know when the law changes.

I have held a New York pistol license since 1992. My job is to make sure the people I train are not just competent — they are informed. If you are ready to get your NY CCW certification, or want to talk through your situation first, book a free consultation. No sales pitch — just straight answers.

Know where you can carry. Know where you cannot. Know what’s coming. And stay legal until the law gives you more room.

Frequently Asked Questions

Can I carry in a grocery store in New York?

Generally yes. The CCIA’s private property opt-in rule was struck down by federal courts. Licensed carry is now permitted in private commercial spaces unless the business conspicuously posts “no firearms” signage. Always check for posted signs before entering any business while armed.

Can I carry in a restaurant in New York?

Only if the restaurant does not serve alcohol for on-premises consumption. Any establishment where customers can order and consume alcohol on-site is a designated sensitive location under NY Penal Law §265.01-e. If there is a bar, if you can order a drink with dinner, if alcohol is served anywhere in the dining room — you cannot carry there.

Can I carry in a shopping mall?

Generally yes in common areas, unless the mall has posted a conspicuous no-firearms policy. Individual stores within the mall may also post their own restrictions.

Can I carry in a public park in New York?

No. Public parks are designated sensitive locations statewide under the CCIA — this is not limited to New York City. Libraries, public playgrounds, parks, and zoos are all restricted. The exception is certain areas within the Adirondack and Catskill Parks where state forest preserve and private lands are not designated sensitive, but specific facilities within those parks remain restricted. For any standard county, municipal, or state park, the default is no carry.

Can I carry in the Adirondacks or Catskill Parks?

Partially. State-owned lands classified as state forest preserve within the Adirondack and Catskill Parks, and generally private lands within those park boundaries, are not designated sensitive locations. However, specific facilities within those parks — libraries, government buildings, and any other category listed in §265.01-e — remain restricted. Know what type of land you are on. If you are unsure, consult a licensed firearms attorney before carrying.

Can I carry on the NYC subway?

No. The subway ban was upheld by the Second Circuit in Frey v. City of New York (September 2025). All stations, all cars, all hours. The same prohibition covers Metro-North, the LIRR, and MTA buses.

Can I carry in Central Park?

No. Central Park is a public park. All public parks are designated sensitive locations statewide under the CCIA — this is not an NYC-specific rule. Parks outside New York City are equally restricted under the statute.

Can I carry in NYC with my Long Island pistol license?

No. A NY State pistol license issued outside the five boroughs does not authorize carry within New York City. You need a separate NYPD License Division permit. This was upheld in Frey. Entering the five boroughs while armed with only a state license is a felony. See our guide on how to apply for a NYC CCW permit.

Can I carry in a New York state park?

Generally no for standard state parks. Public parks are designated sensitive locations statewide. The Adirondack and Catskill Parks have specific carve-outs for state forest preserve and private lands — but a standard state park recreation area is restricted. Always verify the specific land classification before carrying anywhere that could be considered a public park.

Can I carry in a house of worship in New York?

Not under the CCIA as currently written and upheld. Houses of worship were upheld in Antonyuk v. James. There is a statutory exception for persons responsible for security at such a place of worship — consult a licensed New York firearms attorney.

What is the penalty for carrying in a sensitive location?

Carrying in a designated sensitive location is a Class E felony under NY Penal Law §265.01-e. This carries up to 4 years in state prison, a permanent felony record, and loss of your firearms license. Note: this is the penalty specifically for licensed carriers in sensitive locations. Unlicensed carry is a Class C violent felony carrying up to 15 years. No good-faith exception. No “I didn’t know” defense.

Does a pending court case protect me if I carry somewhere currently prohibited?

No. A pending case does not suspend enforcement of a law. You can be arrested and prosecuted under current law regardless of any ongoing litigation. If that law is later struck down, you will still have been arrested and potentially prosecuted under the law as it existed at the time of your arrest. The legal process and criminal enforcement operate on entirely different timelines.

What is Wolford v. Lopez and why does it matter for New York?

Wolford v. Lopez is a Supreme Court case argued on January 20, 2026, with a decision expected June or July 2026. It addresses whether states can make private property open to the public presumptively gun-free unless owners post permission. New York’s version was already struck down. The Supreme Court’s ruling will establish a national constitutional standard and is expected to clarify the historical-analogue methodology underlying all sensitive-location cases. A broad ruling against Hawaii could weaken the analytical foundation of the entire post-Bruen sensitive-location framework — with direct implications for NY’s parks ban, entertainment venues, and other designations where historical support is thin.

Related Reading

• NY CCW Sensitive Locations: Quick Reference Guide
• Get a NY Concealed Carry License: County-by-County Guide
• How to Apply for a Pistol Permit in Suffolk County
• How to Get Your Nassau County Pistol Permit
• How to Apply for a NYC Concealed Carry Permit
• When Can You Use Force in NY?
• Castle Doctrine in NY: Know Your Rights
• Single-Purpose Container Doctrine: What NY Gun Owners Must Know
• NY Ammo Background Check Guide
• NY Firearms & Carry Law: The Ultimate Resource Library

NY Safe

See Full Bio