Who Cannot Carry
Penal Law § 265.01 — a rifle or shotgun after a felony or serious offense is criminal possession in the fourth degree
A long gun after a conviction. A person is guilty of criminal possession of a weapon in the fourth degree by possessing a rifle, shotgun, antique firearm, black powder rifle or shotgun, or muzzle-loading firearm after being convicted of a felony or a serious offense.
Certified not suitable. So is a person certified not suitable to possess a rifle or shotgun who refuses to yield it on a police officer's demand. Police seize the rifle or shotgun, and it is kept until the certificate is rescinded or a court orders otherwise.
Major components. A person prohibited from possessing a rifle or shotgun under the article, federal law, or an extreme risk protection order commits the offense by possessing a major component of a firearm, rifle or shotgun.
The class. Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
Handgun licensing, and the exemptions for license holders, are in other sections that are not on this page. Federal law keeps its own list of prohibited persons, which applies alongside the state's and is not on this page. Whether a particular conviction, order or commitment brings a person within the section, and whether rights can be restored, are questions for a licensed New York attorney.
Sources for this section (1)
- Penal Law § 265.01 — Criminal possession of a weapon in the fourth degree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.