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What is NYC RCNY § 5-22?

Quick Answer

(a) A handgun license is issued under the following conditions: (1) It is revocable at any time consistent with the procedures set forth in 38 RCNY § 5-30. (2) It is not transferable to any other person or location.

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Effective: 7/21/2019Last amended: 1/5/2025

§ 5-22 Conditions of Issuance.

RCNY § 5-22

(a)A handgun license is issued under the following conditions: (1) It is revocable at any time consistent with the procedures set forth in 38 RCNY § 5-30.

(2)It is not transferable to any other person or location.

(3)Any mutilation, alteration, or lamination of the license shall render it void. The licensee may not make any additions, deletions, or other changes on their license. Only License Division personnel may make changes on the license.

(4)If the license is mutilated, altered, laminated, lost, destroyed, or if an applicant requests that any change be made to their license, an additional fee shall be required for replacement. If any of these circumstances occur, the licensee shall notify the License Division. Replacement fees shall not be charged if a reprint is necessary due to License Division error.

(5)When the license expires, and if the licensee has not renewed it, or if it is suspended, or revoked, the licensee shall immediately surrender the license with the handgun(s) to the precinct of their place of business or residence.

(6)The licensee shall be in possession of their license at all times while carrying, transporting, possessing at residence, business, or authorized small arms range/shooting club, the handgun(s) indicated on said license.

(7)If the licensee has a "Carry" or "Special Carry" type license only one (1) handgun may be carried on their person at any time.

(8)The licensee is authorized to own only the handgun(s) that are listed on their license.

(9)The licensee shall not purchase or replace a handgun prior to obtaining written permission from the Division Head, License Division (see Handgun Purchase Authorizations).

(10)A handgun may be replaced or purchased only by requesting permission in writing from the Division Head, License Division.

(11)The licensee shall not draw, expose or display handgun(s) unnecessarily.

(12)The licensee shall not leave handgun(s) in an auto, or in any place where an unauthorized person may readily obtain them.

(13)To assure maximum safety, proper safeguards shall be taken at all times to keep handguns away from unauthorized persons, especially children, consistent with § 10-312 of the Administrative Code and 38 RCNY § 5-01(a). A licensee shall not store or otherwise place or leave their handgun in such a manner or under circumstances that it is out of their immediate possession or control, without having rendered such weapon inoperable by employing a safety locking device as defined in 38 RCNY § 5-25(a)(2). Such offense shall constitute a misdemeanor, pursuant to § 10-312 of the Administrative Code, if the offender has previously been found guilty of such violation or if the violation is committed under circumstances which create a substantial risk of physical injury to another person.

(14)Reserved.

(15)Any misuse of the purpose for which the license was issued, or any action or misconduct on the part of the licensee which may constitute just cause, shall result in the suspension or revocation of the license.

(16)Except for licensees with Carry licenses or Special Carry Licenses, a licensee wishing to transport their handgun to a gunsmith or a dealer in firearms shall request permission in writing from the Division Head, License Division. Authorization shall be provided in writing. The licensee shall carry this authorization on their person when transporting the handgun to the gunsmith or the dealer in firearms, and shall transport the handgun directly to and from the gunsmith or the dealer in firearms. The handgun shall be secured unloaded in a locked container during transport.

(17)Licensees shall cooperate with all reasonable requests by the Police Department for information and assistance in matters relating to the license.

(b)The licensee shall make an immediate report to the License Division – Incident Section by emailing [email protected], and to the precinct when an incident, as set forth in 38 RCNY § 5-30, has occurred.

(c)In the following instances, the licensee shall make an immediate report to the License Division (see License Amendments – 38 RCNY § 5-29).

(1)Change of business or residence address (see Address Changes – 38 RCNY § 5-29).

(d)The licensee must make an immediate report to the License Division – Incident Section if they intend to dispose of their handgun. Failure to notify in writing the Division Head, License Division prior to disposing of handgun is a Class A Misdemeanor pursuant to New York State Penal Law § 265.10(7). (Amended City Record 6/21/2019, eff. 7/21/2019; amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)

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