NY Gun Law 2026 — NY Safe Inc.
NY S.10438 Disabled Gun Owners: Why We Must Act Now
A standing-only right is not equal access. New York's Legislature passed a common-sense fix for disabled concealed carry applicants. Now Governor Hochul should sign it.
Status update: As of June 6, 2026, S.10438 / A.3191A has passed both houses of the New York State Legislature but has not yet been signed into law.
By Peter Ticali · NRA Endowment Life Member · NRA & USCCA Certified Instructor · Licensed Firearms Instructor: NY, MD, DC, MA, UT · NY Pistol License Holder Since 1992
In This Article
- The Bottom Line
- What S.10438 / A.3191A Actually Does
- Why This Bill Matters: Disability Is Not Rare
- The Crime Data Makes This Even More Urgent
- Disparity of Force: The Concept Albany Finally Recognized
- The DCJS Standing-Position Problem
- A Safety Improvement, Not a Safety Reduction
- Why Governor Hochul Should Sign It
- What Responsible Training Providers Should Do Next
- Call the Governor: A Simple Script
- Frequently Asked Questions
Sometimes Albany Gets It Right
In a state where gun legislation almost always moves in one direction — more restrictions, more friction, more administrative barriers — the New York State Legislature has passed a bill that deserves real credit.
Senate Bill S.10438, carried in the Assembly as A.3191A, corrects a glaring accessibility problem in New York's concealed carry training law. The bill allows a physically disabled applicant who cannot stand — or cannot remain standing — to complete the required two-hour live-fire training and proficiency demonstration while seated, including from a wheelchair, provided the applicant supplies medical verification of the disability.
That is not a loophole. It is not a lowered standard. It is not a shortcut around safety. It is equal access.
Take Action Now
Contact Governor Hochul and politely urge her to sign S.10438 / A.3191A. This takes less than two minutes.
Phone: (518) 474-8390
Section 1
The Bottom Line
New York already requires concealed carry applicants to complete 16 hours of classroom instruction, two hours of live-fire training, a written test, and a live-fire proficiency demonstration. That remains completely unchanged under this bill.
What changes is the body position of a qualified applicant who physically cannot complete the live-fire portion from a standing position.
That matters because New York's current DCJS / State Police live-fire standard requires the applicant to fire five rounds from a standing position at four yards. For an able-bodied applicant, that is routine. For a person who relies on a wheelchair, walker, prosthetic device, or other mobility aid, it can be physically impossible — creating an administrative Catch-22 where the applicant may be legally eligible, willing to train, and willing to meet every safety requirement, but unable to satisfy one body-position instruction written into an administrative standard.
"Equal access means the same safety standard — not the same body position."
That is exactly the kind of problem good legislation should fix.
Section 2
What S.10438 / A.3191A Actually Does
The bill amends New York Penal Law § 400.00, subdivision 19 — the section governing the concealed carry firearm safety training requirement added after the Concealed Carry Improvement Act. Under the bill, if an applicant has a physical disability that prevents standing or remaining standing, and provides the required medical verification, the live-fire range training and proficiency demonstration may be completed while seated.
That is the whole point.
The bill does not erase the 16-hour classroom requirement. It does not erase the two-hour live-fire requirement. It does not erase the written test. It does not erase safe handling. It does not erase instructor supervision. It does not force licensing officers to approve anyone otherwise disqualified.
What Stays Exactly the Same
- 16-hour classroom instruction
- 2-hour live-fire requirement
- Written proficiency test
- Safe handling standards
- Instructor supervision
- Full licensing review by county
What Changes — For Qualified Disabled Applicants Only
- Live-fire may be completed seated
- Wheelchair use is explicitly permitted
- Medical verification required to qualify
"The safest qualification is the one that tests the student from the position in which that student may actually need to operate."
A disabled applicant who uses a wheelchair should train from that wheelchair. Requiring them to stand is not a higher standard. It is the wrong standard for the wrong person.
By the Numbers
Disability Is Not a Fringe Issue
1 in 4
U.S. adults have some type of disability CDC, Disability Impacts All of Us
4×
Higher violent crime victimization rate vs. people without disabilities Bureau of Justice Statistics, 2009–2019
26%
of all nonfatal violent crime victims had a disability — while representing ~12% of the measured population Bureau of Justice Statistics
Section 3
Why This Bill Matters: Disability Is Not Rare
Disability is not a fringe issue. It is not an abstract policy category. It is part of ordinary life for millions of Americans — and millions of New Yorkers.
The CDC reports that more than one in four U.S. adults has some type of disability. Mobility-related disability is among the most common categories. That includes veterans. It includes older New Yorkers. It includes people injured in car crashes, workplace accidents, military service, and violent attacks. It includes people with amputations, spinal injuries, degenerative conditions, balance disorders, neurological conditions, and chronic illnesses that make standing difficult or impossible.
Many of these people are not helpless. They are not asking for pity. They are not asking to skip responsibility.
They are asking the law to recognize reality. A person who uses a wheelchair still goes to work. Still parks in public lots. Still uses elevators, ramps, sidewalks, public spaces, apartment lobbies, and parking garages. Still has family members to protect. Still has a life worth defending.
Who This Affects
Veterans with service-related injuries. New Yorkers with MS, Parkinson's, ALS, or spinal cord injuries. People recovering from strokes. Amputees. Anyone whose physical condition makes standing for sustained periods impossible — but whose legal eligibility to own and carry a firearm is completely intact.
If New York's licensing process requires live-fire training, that training must be accessible to the qualified people the state claims are eligible to apply. Otherwise, the right exists on paper but disappears at the range door.
Section 4
The Crime Data Makes This Even More Urgent
This is not just about paperwork. It is about real vulnerability in the real world — on sidewalks, in parking lots, in apartment lobbies, at gas stations, in transit hubs, and everywhere disabled New Yorkers still have to live their lives.
The U.S. Bureau of Justice Statistics found that persons with disabilities accounted for 26% of all nonfatal violent crime victims while representing about 12% of the population measured in the report — and that the rate of violent victimization against people with disabilities was nearly four times the rate for people without disabilities.
That should stop every policymaker in their tracks.
How Violence Actually Works
Violence selects weakness. Violence exploits imbalance. A robbery does not become less terrifying because the victim is seated. An assault does not become less dangerous because the victim uses a cane. A violent attacker does not pause and say, "This person has limited mobility, so I should be fair." Predatory criminals often recognize imbalance. The BJS data does not tell us what every attacker was thinking, but it confirms the outcome policymakers cannot ignore: people with disabilities experience violent victimization at dramatically higher rates than people without disabilities.
New York City's NYPD CompStat report for the week ending May 31, 2026, recorded thousands of robberies and felony assaults year-to-date in the city alone.
That does not mean every disabled New Yorker should carry a firearm. It does mean the state has no moral basis to tell qualified disabled applicants that they may complete every part of the licensing process except the part where an administrative rule requires them to stand.
"A mobility impairment should never become a state-created disqualification by accident."
Section 5
Disparity of Force: The Self-Defense Concept Albany Finally Recognized
Every serious self-defense discussion must eventually deal with disparity of force.
Disparity of force means the threat is not judged only by whether the attacker is holding a conventional weapon. It asks whether the circumstances create a serious imbalance between attacker and defender. A healthy adult male attacking a frail elderly person may present a disparity of force. Multiple attackers against one person may present a disparity of force. An able-bodied attacker targeting someone in a wheelchair may present a severe disparity of force.
New York Penal Law § 35.15
New York's justification statute governs the use of physical force in defense of a person. It is fact-specific, requires necessity and reasonableness, and mandates retreat where legally applicable. Disability can directly bear on whether retreat was possible and whether fear of serious physical injury was reasonable.
Read NY PL § 35.15 →For an able-bodied person, escape might mean running, creating distance, or retreating through a narrow doorway. For a person with limited mobility, those options may not exist. A person in a wheelchair may not be able to simply "step back." A person using a walker may not be able to sprint away. A person with a prosthetic leg may not be able to regain balance after being shoved.
That is the real world. And self-defense law must be applied to real people, not imaginary able-bodied averages.
"When the law talks about reasonableness, it cannot pretend every citizen has the same body."
This bill does not create special treatment. It removes a special barrier. For a deeper look at how this concept plays out in the real world, read our analysis of disparity of force in the Deer Park robbery case.
Section 6
The DCJS Standing-Position Problem
New York's 18-hour concealed carry training requirement includes 16 hours of classroom instruction and two hours of live-fire training. The state's published minimum standards require applicants to demonstrate live-fire proficiency — specifically, to fire five rounds from a standing position at four yards.
For most students, that is a simple instruction. For some disabled students, it is the entire barrier.
The problem is not refusal to train. The problem is not refusal to shoot. The problem is not refusal to demonstrate safety. The problem is that the written standard assumes standing ability as a universal condition of all applicants. That assumption was wrong when it was written. This bill corrects it.
The Current Catch-22 for Disabled Applicants
Applicant is legally eligible — no criminal history, no disqualifying conditions
Applicant completes all 16 hours of classroom instruction
Applicant passes the written proficiency test
Live-fire step: Current standard requires firing five rounds from a standing position. Applicant physically cannot stand. Process stops. Certification is impossible — not because the applicant failed, but because the standard didn't account for them.
"The point of live-fire qualification is safe proficiency — not forcing every applicant into the same posture."
Section 7
This Is a Safety Improvement, Not a Safety Reduction
Some people will instinctively ask whether seated live-fire qualification lowers the safety standard. It does not. Done correctly, it may improve safety — because the student is training from the position they are most likely to occupy during an actual emergency.
A disabled applicant who uses a wheelchair should learn safe firearm handling from that wheelchair. That includes muzzle discipline, safe loading and unloading, target acquisition, safe manipulation, range communication, and securing the firearm while seated. It includes understanding the limits of mobility, the importance of avoidance, and the legal reality that the firearm is a last resort.
That is not less training. That is more relevant training.
A Note From the Instructor
At NY Safe Inc., we teach that firearms training is not about ego. It is about safety, judgment, law, and responsibility. For many students, the hardest part of the process is not marksmanship — it is understanding how much responsibility comes with the decision to carry. That responsibility does not disappear because someone is disabled. But the state should not make responsible training harder for the very people who may need thoughtful, accessible instruction the most.
Section 8
Why Governor Hochul Should Sign It
Governor Hochul should sign S.10438 / A.3191A because it is the right thing to do, the fair thing to do, and the safer thing to do.
If New York believes in firearm safety training, then New York should want disabled applicants trained safely and properly. If New York believes in accessibility, then New York should not maintain a standing-only qualification standard that blocks people with documented physical disabilities. If New York believes in public safety, then New York should not tell vulnerable citizens that they may be eligible in theory but excluded in practice.
The Americans with Disabilities Act reflects a foundational principle: public programs should not be structured to deny equal opportunity to people with disabilities when reasonable modifications can preserve the nature of the program. Letting a qualified applicant shoot seated does not fundamentally change New York's concealed carry training program. It simply makes the program accessible to people whose bodies do not match the assumption built into the current live-fire standard.
"A right that disappears when a person sits down is not being administered fairly."
Senator Christopher J. Ryan deserves credit for sponsoring S.10438 and identifying the accessibility problem. Assembly Member Lunsford deserves credit for carrying the Assembly version. The Legislature deserves credit for moving the bill forward. In a state as divided as New York, this is the kind of firearms policy that can bring reasonable people together — because it asks nothing of safety, nothing of training standards, and nothing of licensing rigor. It simply says a qualified disabled person should not be excluded because the state forgot to account for seated shooters.
That deserves praise. And a signature.
Section 9
What Responsible Training Providers Should Do Next
This bill gives the firearms training community an important moment to lead. If Governor Hochul signs it, instructors and ranges should not treat seated qualification as an afterthought — they should build it into safe, thoughtful procedures from day one.
Instructor Checklist: Accommodating Disabled Students
Speak with the student ahead of time about mobility needs and range access
Confirm the facility can accommodate the student safely before scheduling
Plan the lane setup before live fire begins — no improvisation on the range
Ensure wheelchairs or seating positions remain stable and controlled
Maintain strict muzzle discipline and safe downrange orientation at all times
Use dry practice before introducing live ammunition
Document completion carefully, accurately, and completely
Never treat disabled students as less capable, less serious, or less welcome
Accessibility does not mean chaos. It means preparation. The training standard should remain serious. The class culture should remain respectful. And the instruction should remain patient and professional — for every student who walks through the door, and every student who rolls through it.
Section 10
Call the Governor: A Simple Script
This is not the time for anger. It is the time for polite, clear, focused advocacy. Contact Governor Hochul and ask her to sign S.10438 / A.3191A.
Suggested Message
"Governor Hochul, please sign S.10438 / A.3191A into law. This bill does not lower New York's firearms training standards. It simply allows qualified applicants with documented physical disabilities to complete the same live-fire training from a seated position when they cannot safely stand. Disabled New Yorkers deserve equal access to safety education and the lawful licensing process. This is a common-sense accessibility fix, and I urge you to sign it."
Phone: (518) 474-8390
Keep it respectful. Keep it focused. Keep it human.
Take the Required NY 18-Hour CCW Training
For current and future students: S.10438 / A.3191A is not law until signed by the Governor. Until the law changes and implementation guidance is clear, NY Safe Inc. follows existing state requirements. If the bill is signed, we will accommodate qualified disabled students under the updated legal framework.
All counties · 18-hour NY CCW class
NYPD License Division applicants
Nassau applicants · Local expertise
Suffolk applicants · LI coverage
Westchester applicants
FAQ
Frequently Asked Questions About S.10438 and Disabled Concealed Carry Applicants in New York
Is S.10438 / A.3191A law yet?
No. As of this writing, the bill has passed both houses of the New York State Legislature but has not yet been signed into law. It still must complete the final procedural steps and be signed by Governor Hochul before it becomes law.
What does the bill actually do?
The bill allows a concealed carry applicant with a physical disability that prevents standing or remaining standing to complete the two-hour live-fire training and proficiency demonstration while seated — provided the applicant supplies the required medical information verifying the disability.
Does the bill eliminate New York's 18-hour training requirement?
No. The 16-hour classroom requirement and two-hour live-fire requirement remain fully intact. The bill changes only the permitted body position for qualified disabled applicants during the live-fire portion.
Does the bill lower the live-fire safety standard?
No. The applicant must still complete the training and demonstrate proficiency under instructor supervision. The bill allows that demonstration to occur from a seated position when a verified physical disability prevents standing.
Why is the standing-position requirement a problem?
New York's current DCJS / State Police live-fire minimum standard requires the applicant to fire five rounds from a standing position at four yards. For applicants who use wheelchairs or have physical conditions that prevent standing, that instruction makes the entire certification process inaccessible — not because of any failure to meet safety standards, but because of one body-position assumption.
What is disparity of force, and why does it matter here?
Disparity of force describes a situation where the defender is at a serious physical disadvantage relative to the attacker. Disability can be directly relevant: a person in a wheelchair may not be able to retreat, flee, or physically resist in the same way an able-bodied person could. That physical reality may bear on the reasonableness of the person's perception of danger under New York Penal Law § 35.15.
Does disability automatically justify deadly force in New York?
No. New York self-defense law is fact-specific. Disability may be relevant to the reasonableness of fear, ability to retreat, and perception of danger, but it does not automatically justify deadly force. Anyone carrying a firearm in New York must understand Penal Law Article 35 and should consult a qualified attorney for legal advice about their specific situation.
Can NY Safe Inc. certify seated live-fire qualification right now?
NY Safe Inc. follows current law and current state standards. Until S.10438 / A.3191A is signed and implementation guidance is clear, no training provider should promise certification contrary to existing requirements. If the bill becomes law, NY Safe Inc. will follow the updated legal framework and prioritize safety, proper documentation, and accessibility for all students.
How can I support this bill?
Contact Governor Hochul's office and politely urge her to sign S.10438 / A.3191A. Use the official contact form or call (518) 474-8390. Keep the message respectful, factual, and focused on equal access.
Peter Ticali
Founder & Lead Instructor, NY Safe Inc.
NRA Endowment Life Member · NRA & USCCA Certified Instructor · Licensed Firearms Instructor: NY, MD, DC, MA, UT · NY Pistol License Holder Since 1992
Peter Ticali is the founder of NY Safe Inc. and has taught firearms safety and concealed carry law to hundreds of New Yorkers across Nassau, Suffolk, Westchester, and New York City. His teaching philosophy is grounded in legal accuracy, situational awareness, and respect for the profound responsibility that comes with carrying a firearm.
Ready to Train?
Take the Required NY 18-Hour CCW Class
NY Safe Inc. teaches the complete 16+2 concealed carry class for applicants from New York City, Nassau, Suffolk, and Westchester. Upcoming classes:
Next Available Classes
Upcoming New York 16+2 CCW Class Dates
Limited to 15 students per class. Seats fill quickly.
Sources & Further Reading
- New York State Senate — S.10438 Bill Page
- New York State Assembly — A.3191A Bill Page
- Senator Christopher J. Ryan — Passage Announcement
- DCJS / New York State Police — Minimum Concealed Carry Firearm Safety Training Standards
- Bureau of Justice Statistics — Crime Against Persons with Disabilities, 2009–2019
- CDC — Disability Impacts All of Us
- NYPD — Citywide CompStat Weekly Crime Report
- New York Penal Law § 35.15 — Justification; Use of Physical Force in Defense of a Person
- ADA.gov — Guide to Disability Rights Laws
- Governor Hochul — Official Contact Form
Disclaimer: NY Safe Inc. is a firearms safety training organization, not a law firm. Peter Ticali is not an attorney. This article is for education and commentary only and does not constitute legal advice. Firearms laws in New York are complex, actively enforced, and subject to change. Consult a qualified New York firearms attorney for legal advice about your specific situation.
No responses yet