2025 Legal Guide to Selling a Gun in New York (NY) for 2026

2026 Firearms Licensing Policies in New York

New York State requires a license to purchase and possess a handgun (pistol or revolver). While a license is not explicitly required for all long guns, a permit is now required for the purchase and possession of semi-automatic rifles. The state license is issued under the authority of the county licensing officer in the applicant’s county of residence.

• The specific type of license sought must be determined by the applicant.
• The application cost varies by county, and the process can be lengthy.
• Any person with a handgun license or a registered assault weapon in the state must re-certify every five years through their local county government to maintain compliance.

2026 New York City Regulations in New York

New York City maintains its own, distinct rules and process for purchasing and carrying firearms, which are stricter than the rest of the state.

• Handguns: A valid City handgun license is required.
• Rifles/Shotguns: A separate permit is required.
• Both licenses and permits are issued by the New York Police Department (NYPD) License Division.
• Any individual traveling to New York City from elsewhere in the state who wishes to carry a firearm must obtain an additional license granted by the New York City Police Commissioner.

As of 2018, the NYPD License Division only accepts online applications for handgun licenses, rifle/shotgun permits, and renewals via the “NYPD Permitting & Licensing” public portal, located at https://licensing.nypdonline.org. Paper applications are no longer accepted.

2026 Assault Weapon Definitions and Magazine Capacity in New York

New York State law defines and bans certain “assault weapons” based on a combination of characteristics and functions.

A handgun is considered an assault weapon if it is semi-automatic, has the ability to accept a detachable magazine, and has one or more of the following military characteristics:

• Folding or telescoping stock.
• Thumbhole stock.
• Second handgrip or protruding grip that can be held back by a non-trigger hand.
• Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip.
• A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer.
• A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned.
• A manufactured weight of 50 ounces or more when unloaded.

A rifle is considered an assault weapon if it is semi-automatic, capable of receiving detachable magazines, and has one or more of the following military characteristics:

• Folding or telescoping stock.
• Protruding pistol grip.
• Thumbhole stock.
• Second handgrip or protruding grip that can be held back by a non-trigger hand.
• Bayonet mount.
• Flash suppressor.
• Muzzle break.
• Muzzle compensator.
• A threaded barrel to accommodate the four previous features.
• A grenade launcher.

A shotgun is considered an assault weapon if it is semi-automatic and has one of the following military characteristics:

• Folding or telescoping stock.
• Thumbhole stock.
• Second handgrip or protruding grip that can be held back by a non-trigger hand.
• A fixed magazine capacity of more than seven rounds.
• Ability to accept a detachable magazine.

2026 Magazine Capacity and Antique Exemptions in New York

New York State law restricts the maximum capacity of a firearm magazine.

• The general maximum capacity is ten rounds for all firearms, with the notable exception of certain .22 caliber rifles.
• Violations of the magazine capacity restrictions can result in criminal charges.

Under current law, any magazine or gun manufactured more than 50 years ago is considered an antique. Although antique firearms are exempt from the prohibition against transfer, if the antique gun qualifies as an assault weapon or the magazine holds more than ten rounds, it must be registered with the state.

FEDERAL DISQUALIFICATION CATEGORIES

• Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
• Warrant (felony or out-of-state misdemeanor).
• Felony pre-trial release.
• Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
• Unlawful use or addicted to a controlled substance (including marijuana).
• Dishonorable discharge from the armed forces.
• Renounced U.S. citizenship.
• Illegal alien.

Save the Hassle, Sell your Gun to Cash My Guns

Given the extreme difficulty of navigating New York’s gun laws—which require licenses for handguns and semi-automatic rifles and mandate a Universal Background Check through an FFL for virtually all private sales—the process of selling a gun can be stressful, time-consuming, and legally hazardous (e.g., unlawful sale of a firearm is a Class D felony, N.Y. Penal Law § 265.11).

Cash My Guns offers a simplified, safe, and fully legal alternative for selling your handgun or long gun, ensuring 100% compliance with all New York and federal regulations.

We eliminate the hard part by utilizing our Federal Firearms Licensee (FFL), who is government-licensed to manage the mandatory legal transfer process and fully assume the compliance liability.

The reality is you can sell your gun without leaving the house: simply tell us which firearm(s) you wish to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us.

When we receive your gun(s), we get you paid with a check in your hand within a few days, making the process safe, quick, and completely hassle-free.

When you use Cash My Guns, you get the following unbeatable benefits!

Free gun appraisal  –  Fair price for your gun –  Free shipping

Easy shipment tracking throughout the whole process. Speedy payment!

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