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New York Gun Laws for Felony Convictions and Gun Rights Restoration

Last reviewed: 2026-08-28Topic: State Gun Laws
Quick answer

A felony firearm question in New York requires both New York law and federal law. Check the exact conviction, the current state possession/restoration rules, and whether 18 U.S.C. § 922(g) still creates an independent federal prohibition.

This encyclopedia entry explains New York gun laws for people researching felony convictions, prohibited-person rules, firearm purchases and carry, and restoration of gun rights. It uses current nationwide comparison sources but links readers to the official New York code because the controlling statute always governs.

Federal overlay: A person can satisfy New York law and still be prohibited by 18 U.S.C. § 922(g). A state permit, expungement, pardon, passage of time, or restoration order should never be assumed to remove a separate federal disability.

Can a felon own a gun in New York?

State-law summary: New York restricts firearm possession after felony conviction and designated “serious offenses.” Depending on the conviction, relief can involve a Certificate of Relief from Disabilities, Certificate of Good Conduct, court action, or executive clemency; some violent felony categories are more restrictive.

New York also has extensive licensing, background-check, assault-weapon, magazine, registration/record, and extreme-risk rules.

The federal question is separate. 18 U.S.C. § 922(g)(1) generally prohibits firearm and ammunition possession after a qualifying conviction, while 18 U.S.C. § 925(c) provides a federal relief route. The effect of state relief can also require analysis under § 921(a)(20).

New York firearm-law snapshot

Jurisdiction New York (NY)
Felony / restoration summary New York restricts firearm possession after felony conviction and designated “serious offenses.” Depending on the conviction, relief can involve a Certificate of Relief from Disabilities, Certificate of Good Conduct, court action, or executive clemency; some violent felony categories are more restrictive.
Concealed carry framework A state/DC permit generally remains part of lawful concealed carry for qualifying adults.
Private-sale background checks Broad background-check requirement applies to many or all private firearm transfers, subject to exceptions.
Purchaser permit / licensing A purchase permit, owner license, eligibility credential, or comparable state requirement applies to at least some firearm acquisitions.
Extreme-risk order law Yes — the jurisdiction has an extreme-risk / firearm-removal order process.
Waiting period No broad statewide waiting period identified for ordinary firearm purchases.
Assault-style weapon restrictions Yes — specified assault-style weapons are banned or substantially restricted.
Large-capacity magazine restrictions Yes — state/DC law limits or prohibits specified large-capacity magazines.
Privately made / ghost-gun rules Yes — state law regulates unserialized or privately made firearms beyond baseline federal requirements.

Policy comparisons summarize broad statewide rules and exceptions. They are not a substitute for the current statute, implementing regulations, litigation status, local rules, or a person’s eligibility.

Official New York gun-law sources

What is unique about New York?

New York also has extensive licensing, background-check, assault-weapon, magazine, registration/record, and extreme-risk rules. The table above also shows how New York compares on concealed carry, private-sale background checks, purchase licensing, extreme-risk orders, waiting periods, assault-style weapons, magazine capacity, and privately made firearms. Each of those rules has exceptions and definitions that should be verified in the official code.

How to get gun rights back after a felony in New York

  1. Get the exact record. Obtain the judgment, charging statute, offense classification, sentence, discharge date, and every later court or clemency order.
  2. Apply the New York restoration rule. Determine whether the state uses automatic restoration, a waiting period, court petition, pardon, expungement/set-aside, certificate, or another mechanism.
  3. Check exclusions. Violent, dangerous, weapons, drug, domestic-violence, sex, repeat, or other listed convictions can follow different rules.
  4. Run the federal analysis. Determine whether § 922(g)(1), § 922(g)(8), § 922(g)(9), or another federal category still applies.
  5. Resolve federal relief if necessary. Review the DOJ § 925(c) restoration program when the federal disability remains.

Purchase, carry and possession are different questions

A state may allow permitless carry for qualifying adults while still prohibiting a particular person from possessing firearms. Conversely, a state may require purchase permits, waiting periods, background checks or concealed-carry licenses even after a person’s conviction-based disability has been removed. Restoration does not waive ordinary firearm regulations.

Recent court cases that may affect the analysis

Modern Second Amendment litigation is changing quickly. Bruen changed the constitutional test; Rahimi clarified the historical-analogue method; Range, Williams, Diaz, Duarte, Zherka, Vincent, and Dubois show differing appellate approaches to felony firearm challenges; and the Supreme Court’s 2026 Hemani decision narrowed § 922(g)(3) without deciding § 922(g)(1). See the case library for full entries.

Frequently asked questions

Can a felon own a gun in New York?

New York restricts firearm possession after felony conviction and designated “serious offenses.” Depending on the conviction, relief can involve a Certificate of Relief from Disabilities, Certificate of Good Conduct, court action, or executive clemency; some violent felony categories are more restrictive. Separately, 18 U.S.C. § 922(g)(1) can prohibit firearm and ammunition possession after a qualifying conviction even when state law is less restrictive.

Can you own a gun with a felony in New York?

Do not rely on the word felony or the passage of time alone. Review the exact conviction, New York restoration law, any pardon or record relief, and the federal definition in 18 U.S.C. § 921(a)(20).

Can I own a gun if I have a felony in New York?

The answer is record-specific. New York restricts firearm possession after felony conviction and designated “serious offenses.” Depending on the conviction, relief can involve a Certificate of Relief from Disabilities, Certificate of Good Conduct, court action, or executive clemency; some violent felony categories are more restrictive. Federal law can remain a separate barrier until the conviction no longer counts federally or valid federal relief applies.

Can you buy a gun with a felony in New York?

A person who remains prohibited under federal or New York law cannot lawfully acquire a firearm merely because a transaction is attempted or a background-check response is delayed or mistaken. The legal disability controls.

How to get gun rights back after felony in New York?

Start with the judgment and discharge records, then identify the state restoration mechanism. New York restricts firearm possession after felony conviction and designated “serious offenses.” Depending on the conviction, relief can involve a Certificate of Relief from Disabilities, Certificate of Good Conduct, court action, or executive clemency; some violent felony categories are more restrictive. After state relief, separately determine whether federal § 922(g) still applies or whether § 925(c) relief is needed.

Do non violent felony gun rights come back in New York?

A nonviolent label does not create a universal exception. New York may distinguish offense types in its restoration rules, but federal § 922(g)(1) is not limited on its face to violent felonies and current circuit case law can matter.

What does a felony gun charge mean in New York?

It can refer to a state felon-in-possession offense, another firearm crime charged as a felony, or a federal § 922(g) prosecution. The charging statute, alleged possession, prior record, and jurisdiction determine the elements and penalties.

Is domestic violence a felony in New York, and can it affect gun rights?

Domestic-violence offenses can be misdemeanors or felonies depending on New York law and the facts. A qualifying felony can trigger § 922(g)(1), a qualifying misdemeanor crime of domestic violence can trigger § 922(g)(9), and certain restraining orders can trigger § 922(g)(8).

Is a DUI a felony in New York, and can it affect gun rights?

DUI can be a misdemeanor or felony depending on prior offenses and aggravating facts. A qualifying felony DUI can trigger federal § 922(g)(1), and New York may impose additional firearm or licensing consequences for specified DUI history.

Is pointing a gun at someone a felony in New York?

It can be, but the answer depends on intent, justification, relationship, injuries, and the New York statutes for assault, aggravated assault, menacing, brandishing or unlawful display, and reckless endangerment. A resulting felony or qualifying domestic-violence misdemeanor can create a firearm disability.

Can a felon go to a gun range in New York?

A shooting range is not a general exception to prohibited-person law. Handling, receiving, shooting, or controlling a firearm or ammunition can constitute possession even if the range owns the firearm.

Sources and legal references