No — carrying a firearm in a visible holster (known as “open carry”) is illegal in New York for civilians. New York law requires that any licensed carry of a handgun must be concealed and hidden from public view. Even if you hold a valid firearms license, intentionally exposing a firearm in public can result in permit revocation and criminal charges.
New York is one of only a handful of states that prohibit open carry, alongside California, Illinois, and Washington D.C.
To be direct: the holster itself is not the issue. An empty holster is not illegal. A loaded, visible firearm in that holster is.
What Is Open Carry?
Open carry means carrying a firearm in public where it is fully or partially visible — typically in an external hip holster. It is the opposite of concealed carry, where the firearm is hidden under clothing or in a bag. In most of the country, open carry is permitted in some form. In New York, it is not.
What Does New York Law Actually Say?
New York requires that any licensed handgun carry be concealed. This rule applies statewide — it covers New York City, rural areas, hiking trails, and everywhere in between. There is no open carry permit or exception that allows civilians to carry a visible firearm in public.
Brandishing a firearm — holding it in your hands or displaying it in a threatening way — is a separate and more serious offense entirely.
Can You Carry a Concealed Firearm in New York?
Yes, but only with a New York Pistol License (NYPL) and only under strict conditions.
To obtain a NYPL, you must:
- Be at least 21 years old (honorably discharged military members may apply at any age)
- Pass a background check
- Complete 16 hours of classroom training covering New York firearm law, use of force, conflict de-escalation, and safe handling
- Complete 2 hours of live-range training
- Pass a written exam with a score of at least 80 percent
New York does not recognize concealed carry permits from any other state. If you have a permit from Texas, Florida, or anywhere else, it is not valid in New York.
What About New York City Specifically?
New York City has its own additional licensing process through the NYPD License Division. A standard New York State Pistol License is not automatically valid in New York City — the city must validate it separately. The application fee is approximately $340, plus fingerprinting costs, and processing can take several months.
As of August 2024, certain non-residents with a documented connection to New York City — such as property ownership, employment, or regular business activity in the city — can also apply for a NYC carry license under an emergency rule adopted by the NYPD.
Are There Sensitive Locations Where Even Concealed Carry Is Banned?
Yes. Even with a valid NYPL, concealed carry is prohibited in a long list of “sensitive locations” under New York’s Concealed Carry Improvement Act (CCIA), including:
- Schools and school grounds
- Government buildings and courthouses
- Public transit
- Places of worship
- Hospitals and healthcare facilities
- Bars and restaurants that serve alcohol
- Entertainment venues, stadiums, and arenas
- Times Square (designated as a special sensitive location)
- Any private property where the owner has not explicitly permitted firearms
The CCIA has faced ongoing legal challenges, and some of its provisions have been contested in federal court — but the core restrictions remain in effect.
Is New York’s Open Carry Ban Being Challenged?
Yes. Following the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s previous concealed carry permitting standard, New York’s broader gun restrictions — including the open carry ban — have faced ongoing constitutional challenges. Florida’s open carry ban was struck down by a state appeals court in September 2025, and similar challenges to New York’s ban are active.
Bills have also been introduced in the New York State Legislature to allow open carry with a permit, but as of now none have passed. The ban remains fully in effect.
How Do You Legally Transport a Firearm in New York?
If you do not have a carry license, or you need to transport a firearm to a location where carry is prohibited, New York law requires the firearm to be:
- Unloaded
- Stored in a locked hard-sided container
- Kept separate from ammunition
This applies when traveling by car, public transit, or any other means. The firearm must go directly from one lawful location to another — you cannot make stops along the way unless they are directly necessary (such as for gas).
Summary
Open carry — a firearm visible in a holster — is illegal in New York for civilians. Concealed carry is legal only with a New York Pistol License, which requires training, a background check, and a written exam. New York does not recognize out-of-state carry permits, and even licensed carriers face a wide list of locations where firearms are prohibited. The law is under legal challenge but remains in effect.
Frequently Asked Questions
Q1. Can I wear an empty holster in New York?
Yes. An empty holster is not a firearm and is not regulated under gun laws.
Q2. Can I open carry on my own private property?
Generally yes — New York’s open carry restrictions apply to public spaces. On your own private property, different rules apply, though local ordinances may still be relevant.
Q3. Does my out-of-state carry permit work in New York?
No. New York has no concealed carry reciprocity with any other state.
Q4. Can I carry concealed in a New York state park or on a hiking trail?
Generally yes with a valid NYPL, as long as it is not a federally designated area. However, some state parks and recreational areas have their own restrictions — check before you go.
Q5. What happens if I’m caught open carrying in New York?
Depending on circumstances, you could face criminal charges for unlicensed carry or illegal possession of a firearm, along with revocation of any existing license.