New York

Permit Eligibility:
No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant

• twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply;
• of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others;
• who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense;
• who is not a fugitive from justice;
• who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802;
• who being an noncitizen (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2);
• who has not been discharged from the Armed Forces under dishonorable conditions;
• who, having been a citizen of the United States, has not renounced his or her citizenship;
• who has stated whether he or she has ever suffered any mental illness;
• who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law or substantially similar laws of any other state, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law, or has not been the subject of a report made pursuant to section 9.46 of the mental hygiene law;
• who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act;
• in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that:
  • (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm;
  • (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test, provided, however, persons with a license issued under paragraph (f) of subdivision two of this section prior to the effective date of the laws of two thousand twenty-two which amended this paragraph shall be required to complete the training required by subdivision nineteen of this section prior to the recertification of such license; and
  • (iii) persons applying for a license under paragraph (f) of subdivision two of this section on or after the effective date of the chapter of the laws of two thousand twenty-two which amended this paragraph who shall be required to complete the training required under subdivision nineteen of this section for such license;
• who has not had a guardian appointed for him or her pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence, mental illness, incompetency, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs;
• for a license issued under paragraph (f) of subdivision two of this section, that the applicant has not been convicted within five years of the date of the application of any of the following:
  • (i) assault in the third degree, as defined in section 120.00 of this chapter;
  • (ii) misdemeanor driving while intoxicated, as defined in section eleven hundred ninety-two of the vehicle and traffic law; or
  • (iii) menacing, as defined in section 120.15 of this chapter; and
• for a license issued under paragraph (f) of subdivision two of this section, the applicant shall meet in person with the licensing officer for an interview and shall, in addition to any other information or forms required by the license application submit to the licensing officer the following information:
• (i) names and contact information for the applicant's current spouse, or domestic partner, any other adults residing in the applicant's home, including any adult children of the applicant, and whether or not there are minors residing, full time or part time, in the applicant's home;
• (ii) names and contact information of no less than four character references who can attest to the applicant's good moral character and that such applicant has not engaged in any acts, or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others;
• (iii) certification of completion of the training required in subdivision nineteen of this section;
• (iv) a list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicants character and conduct as required in subparagraph (ii) of this paragraph; and
• (v) such other information required by the licensing officer that is reasonably necessary and related to the review of the licensing application.

N.Y. Penal Law § 400.00 (1)

New York Shall Issue:
In accordance with the 2022 US Supreme Court ruling in N.Y. State Rifle & Pistol Assoc. v. Bruen, the state of New York is no longer legally allowed to require proof of “Proper Cause” in order to obtain a license. This ruling now makes New York a “Shall Issue” state, as opposed to the “May Issue” state it was previously.

May Issue State Defined:
A state classified as may issue claims the right to deny a permit to carry a firearm, regardless of eligibility, generally without providing an explanation or right to appeal. Generally speaking, in May Issue states you must prove you have a special or particular need to carry a firearm, beyond mere self-defense or it being your right.

Shall Issue State Defined:
As opposed to May Issue states that arbitrarily deny people permits, a Shall Issue state is one that, although it may require a permit in order to carry a firearm, has determined that these permits shall be issued to any applicant that meets basic requirements. Permits are issued equally to all eligible applicants, without any discretion from the issuing authority.

N.Y. State Rifle & Pistol Assoc. v. Bruen

NY Training Requirements
Concealed carry firearm safety training must include 16 hours of in-person live classroom instruction conducted by a Duly Authorized Instructor. The curriculum must include the following topics:

1. General firearm safety, including an overview of firearm and ammunition functions and operation, firearm cleaning and maintenance, safe handling practices, range safety rules, and proper holster considerations and retention strategies for safe concealed carry. (2 hours minimum)
2. Firearm safe storage requirements, as defined in Penal Law §§ 265.45 and 265.50, and general firearm secure storage and transportation best practices. (1 hour minimum)
3. State and federal gun laws, including the possession disqualifiers under 18 U.S.C. § 922(g) and New York State law, restrictions on the private sale or transfer of firearms under New York General Business Law § 898, and requirements for keeping firearm license information up to date, properly registering pistols and revolvers, and license recertification and, if applicable, renewal requirements, including but not limited to the provision set forth in Articles 265 and 400 of the Penal Law. (2 hours minimum)
4. Concealed carry situational awareness of surroundings, including firearm display and concealment.
5. Conflict de-escalation tactics that include verbal and non-verbal strategies, including retreating, that are intended to reduce the intensity of a conflict or crises encountered.
6. Adverse effects of alcohol and drug use as it pertains to firearm safety.
7. Best practices when encountering law enforcement (e.g., a traffic stop), including how to communicate throughout the encounter, considerations for disclosing concealed carry status and displaying a valid firearm license, obeying all commands given by the officer(s), and best practices for handling a firearm and self-identification as a lawful concealed carry licensee if the firearm is visible when an officer responds to an incident.
8. The statutorily defined sensitive places listed in Penal Law § 265.01-e and the restrictions on firearm possession in restricted places under Penal Law § 265.01-d.
9. Conflict management.
10. Use of deadly physical force, including the circumstances in which deadly physical force may be considered justified, and when there is the duty to retreat pursuant to Penal Law § 35.15(2).
11. Suicide prevention including recognizing signs of suicide risk and resources to obtain assistance, including a suicide hotline (e.g., 988 Suicide and Crisis Lifeline).
12. Basic principles of marksmanship, including stance, grip, sight alignment, sight picture, breathing, and trigger control. (1 hour minimum)

N.Y. Exec. Law § 235 (1)

NY Written Proficiency Test:
Following completion of the 16-hour in-person classroom instruction each student must demonstrate proficiency by achieving a minimum correct answer score of 80% on a written test covering the course curriculum. Duly Authorized Instructors must develop or use and administer a written proficiency test that evaluates the student’s understanding of each of the minimum standards defined above.

Duly Authorized Instructors must maintain records of student performance on the written examination for at least five (5) years and shall make such records available upon request by the licensing officer or their designee.

N.Y. Penal Law § 400.00 (1)

New York Live-Fire Training:
Concealed carry firearm safety training must include 2 hours of live-fire training conducted by a Duly Authorized Instructor. The curriculum must include instruction on the following topics, for which proficiency will be evaluated during a live-fire assessment:

1. Range safety.
2. Safe drawing, target acquisition, and re-holstering.
3. Dry firing.
4. Safe loading and unloading of ammunition.
5. Performing a firearm condition check, and how to achieve and verify a safe and empty firearm condition.
6. Safely discharging the firearm.

Following completion of the 2-hour live-fire training, each student must demonstrate proficiency by successfully completing a live-fire assessment. To complete the live-fire assessment, the student must:

1. Perform a firearm condition check and demonstrate that the firearm is in a safe and empty condition.
2. Without any ammunition loaded, safely draw the firearm from concealment, acquire a target, and safely re-holster.
3. Safely load the firearm with five rounds of ammunition. Not holster the loaded firearm. Maintain a ready position with the firearm safely pointed downrange.
4. On the Instructor’s command to fire, aim at the target and fire all five rounds from a standing position, from a distance of 4 yards. The target must be a 25 ½ inch by 11-inch paper target. At least four out of the five rounds must be on target.
5. Perform a firearm condition check and verify that the firearm is in a safe and empty condition.

Duly Authorized Instructors may allow the live-fire proficiency assessment to be completed using either live ammunition or non-lethal training ammunition, which includes marking cartridges and other forms of simulated ammunition training cartridges that eject a projectile by action of an explosive.

Duly Authorized Instructors must maintain records of student performance on the live-fire proficiency assessment for at least five (5) years and shall make such records available upon request by the licensing officer or their designee.

N.Y. Penal Law § 400.00 (1)

NY Permit Application Process:
The following instructions are the same for the initial and renewal applications. In order to obtain a license to carry, you must:

1. Complete the mandatory training course and obtain your certificate of completion.
2. Complete a State of New York Application for License to Carry a Handgun
3. Applications must be submitted to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his or her principal place of business.
   • In Upstate New York apply to the County Court through the office of the court clerk, county clerk or sheriff.
   • In New York City, Nassau County and most of Suffolk County apply to the police commissioner.
   • In eastern towns of Suffolk County apply to the Sheriff.
4. At the time of application, you will need to provide:
   • Full Name
   • Date of Birth
   • Social Security Number
   • Address
   • Proof of completion of a firearms safety training course
   • Four character references;
   • A list of former and current social media accounts for the last three years;
   • Disclosure of applicant’s spouse or domestic partner, any other adults residing in the applicant’s home, including any adult children of the applicant,
   • an in-person interview of the applicant with the licensing officer/designee.
   • A form of legal identification

Allow 60 days for completion of the application process.

N.Y. Penal Law § 400.00 (3)

New York Permit Renewal:
What is the difference between renewal and recertification of my pistol or revolver license? 

• A pistol or revolver license issued by New York City or Westchester, Nassau, and Suffolk counties expires and needs to be renewed every 3 years.
• A pistol or revolver license issued outside of those areas does not expire, but the license holder must recertify with the New York State Police every 3 years for a concealed carry license and every 5 years for other types of licenses.

How does the new law impact the recertification due date of my pistol or revolver license? 

• If you have a New York State concealed carry license, you are now required to submit your recertification to the New York State Police every 3 years after issuance instead of 5 years.
• The new law does not change the recertification requirements for a premises license, which must be recertified every 5 years.

If I have an existing concealed carry license that was issued outside of New York City or Westchester, Nassau, or Suffolk counties and I am recertifying it with the New York State Police, will I need to take the firearm safety training course before recertifying? 

• No. The firearm safety training course is not required to recertify your concealed carry license with the State Police.
• Individuals renewing their license in New York City or Westchester, Nassau, and Suffolk counties must complete the training.

New York is not a permitless-carry state.

Private-Party Transfers
New York law requires a National Instant Criminal Background Check System (NICS) check by a licensed firearms dealer prior to any transfer, sale, exchange, or disposal of a firearm, except between immediate family members. (The term, “immediate family members,” is limited by statute to spouses/domestic partners or children/step-children.) The dealer must provide a report of the NICS background check to the state.

N.Y. Gen. Bus. Law Art. 39-DDD, § 898

License Amendment :
A license to possess a handgun must specify each handgun the license holder owns. License holders who obtain additional handguns must apply to amend their licenses to specify those handguns, and license holders who sell or otherwise transfer their handguns must apply to cancel the listing of those handguns on their license.

N.Y. Penal Law § 400.00(9)

Criminal Sale – 3rd Degree:
A person is guilty of criminal sale of a firearm in the third degree when such person is not authorized pursuant to law to possess a firearm and such person unlawfully either:

1. sells, exchanges, gives or disposes of a firearm or large capacity ammunition feeding device to another person; or
2. possesses a firearm with the intent to sell it.

Criminal sale of a firearm in the third degree is a class D felony.

N.Y. Penal Law § 265.11

Criminal Sale – 2nd Degree:
A person is guilty of criminal sale of a firearm in the second degree when such person:

1. unlawfully sells, exchanges, gives or disposes of to another five or more firearms; or
2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of two or more firearms in a period of not more than one year.

Criminal sale of a firearm in the second degree is a class C felony.

N.Y. Penal Law § 265.12

Criminal Sale – 1st Degree:
A person is guilty of criminal sale of a firearm in the first degree when such person:

1. unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or
2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of three or more firearms in a period of not more than one year.

Criminal sale of a firearm in the first degree is a class B felony.

N.Y. Penal Law § 265.13

Criminal Sale to a Minor:
A person is guilty of criminal sale of a firearm to a minor when he is not authorized pursuant to law to possess a firearm and he unlawfully sells, exchanges, gives or disposes of a firearm to another person who is or reasonably appears to be less than nineteen years of age who is not licensed pursuant to law to possess a firearm.

Criminal sale of a firearm to a minor is a class C felony.

N.Y. Penal Law § 265.16

Criminal Purchase or Disposal:
A person is guilty of criminal purchase or disposal of a weapon when:

1. Knowing that he or she is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, or knowing that he or she is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, such person purchases or otherwise acquires a firearm, rifle or shotgun from another person; or
2. Knowing that it would be unlawful for another person to possess a firearm, rifle or shotgun, or knowing that another person is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, he or she purchases or otherwise acquires a firearm, rifle or shotgun for, on behalf of, or for the use of such other person; or
3. Knowing that another person is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, or knowing that another person is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, a person disposes of a firearm, rifle or shotgun to such other person.

Criminal purchase or disposal of a weapon is a class D felony.

N.Y. Penal Law § 265.17

Purchasing in Contiguous States:

• "Contiguous state" shall mean any state having any portion of its border in common with a portion of the border of the state of New York;
• All other terms herein shall be given the meaning prescribed in Public Law 90-618 known as the "Gun Control Act of l968" (18 U.S.C. 921).

It shall be lawful for a person or persons residing in this state, to purchase or otherwise obtain a rifle and/or shotgun in a contiguous state, and to receive or transport such rifle and/or shotgun into this state; provided, however, such person is otherwise eligible to possess a rifle and/or shotgun under the laws of this state.

N.Y. Penal Law § 265.40

Sale of a Ghost Gun – 2nd Degree:

1. A person is guilty of criminal sale of a ghost gun in the second degree when, knowing or having reason to know it is a ghost gun, he or she sells, exchanges, gives or disposes of a ghost gun to another person.
2. Notwithstanding subdivision one of this section, a person shall not be guilty of criminal sale of a ghost gun in the second degree when such person:
   1. voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or
   2. within a period of six months after the effective date of this section sells, exchanges, gives, or disposes of such ghost gun to a gunsmith licensed pursuant to section 400.00 of this chapter.

Criminal sale of a ghost gun in the second degree is a class E felony.

"Ghost gun" means a firearm, rifle or shotgun that is not serialized. (N.Y. Penal Law § 265.00 (32))

N.Y. Penal Law § 265.60

Sale of a Ghost Gun – 1st Degree:

1. A person is guilty of criminal sale of a ghost gun in the first degree when, knowing or having reason to know they are ghost guns, he or she sells, exchanges, gives or disposes of ten or more ghost guns to another person or persons.
2. Notwithstanding subdivision one of this section, a person shall not be guilty of criminal sale of a ghost gun in the first degree if he or she:
   1. voluntarily surrenders such ghost guns to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or
   2. within a period of six months after the effective date of this section sells, exchanges, gives, or disposes of such ghost guns to a gunsmith licensed pursuant to section 400.00 of this chapter.

Criminal sale of a ghost gun in the first degree is a class D felony.

N.Y. Penal Law § 265.61

Frames & Receivers – 2nd Degree:
A person is guilty of criminal sale of a frame or receiver in the second degree when, knowing it is an unserialized frame or receiver or an unfinished frame or receiver, such person unlawfully sells, exchanges, gives or disposes of such unserialized frame or receiver or unfinished frame or receiver, provided that for a period of six months after the effective date of this section, a person shall not be guilty of criminal sale of a frame or receiver in the second degree if such person:

1. voluntarily surrenders such unserialized frame or receiver or unfinished frame or receiver to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or
2. sells, exchanges, gives, or disposes of such unserialized frame or receiver or unfinished frame or receiver to a gunsmith licensed pursuant to section 400.00 of this chapter.

Criminal sale of a frame or receiver in the second degree is a class E felony.

"Unfinished frame or receiver" means any unserialized material that does not constitute the frame or receiver of a firearm, rifle or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling or other means. (N.Y. Penal Law § 265.00 (32))

N.Y. Penal Law § 265.63

Frames & Receivers – 1st Degree:
A person is guilty of criminal sale of a frame or receiver in the first degree when, knowing they are unserialized frames or receivers or unfinished frames or receivers, such person unlawfully sells, exchanges, gives or disposes of a total of ten or more unserialized frames or receivers or unfinished frames or receivers in a period of not more than one year, provided that for a period of six months after the effective date of this section, a person shall not be guilty of criminal sale of a frame or receiver in the first degree if such person:

1. voluntarily surrenders such unserialized frames or receivers or unfinished frames or receivers to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or
2. sells, exchanges, gives or disposes of such unserialized frames or receivers or unfinished frames or receivers to a gunsmith licensed pursuant to section 400.00 of this chapter.

Criminal sale of a frame or receiver in the first degree is a class D felony.

N.Y. Penal Law § 265.64

Criminal Purchase of a Semi-Automatic Rifle :
A person is guilty of criminal purchase of a semiautomatic rifle when he or she purchases or takes possession of a semiautomatic rifle and does not possess a license to purchase or take possession of a semiautomatic rifle as provided in subdivision two of section 400.00 of this chapter.

Criminal purchase of a semiautomatic rifle is a class A misdemeanor for the first offense and a class E felony for subsequent offenses.

N.Y. Penal Law § 265.65

Criminal Sale of a Semi-Automatic Rifle :
A person is guilty of criminal sale of a semiautomatic rifle when, knowing or having reason to know it is a semiautomatic rifle, he or she sells, exchanges, gives or disposes of a semiautomatic rifle to another person and such other person does not possess a license to purchase or take possession of a semiautomatic rifle as provided in subdivision two of section 400.00 of this chapter.

Criminal sale of a semiautomatic rifle is a class E felony.

N.Y. Penal Law § 265.66

Large-Capacity Magazine Definition"Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty years prior to the current date, (ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, (iii) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and (iv) is registered with the division of state police pursuant to subdivision sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section.

N.Y. Penal Law § 265.00 (23)

Unlawful possession of certain ammunition feeding devicesIt shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition.

If such device containing more than seven rounds of ammunition is possessed within the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a violation and subject to a fine of two hundred dollars, and for each subsequent offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to three months imprisonment.

If such device containing more than seven rounds of ammunition is possessed in any location other than the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to six months imprisonment, and for each subsequent offense, be guilty of a class A misdemeanor.

N.Y. Penal Law § 265.37

 

 

 

A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent.

N.Y. Penal Law § 265.01-E (3)

On July 1, 2022, Gov. Hochul signed legislation that made "no carry" the default for private property, unless deemed permissible by property owners. Property owners who do decide to allow concealed carry will have to post signage saying concealed carry is allowed on the premises. According to Section 265, an individual is guilty of criminal possession if he or she enters into or remains on or in private property where the owner or lessee does not have clear and conspicuous signage indicating that carrying firearms is permitted.

Effective September 1, 2022, if you leave your gun unattended in a vehicle, it must be unloaded and locked in a fire, impact, and tamper resistant storage depository that is hidden from view. Glove compartments and glove boxes are not appropriate safe storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will suffice for this purpose.

If an adult remains with the vehicle to ensure security, a case or safe is not required. To prevent theft and ensure safety, it is always recommended that firearms be secured during transport. Local rules for traveling with firearms also apply and may be more restrictive. For example, New York City requires that all guns be unloaded, in a case, and out of sight, even when you are with the vehicle

Failure to safely store rifles, shotguns, and firearms in the second degree: No person who owns or is custodian of a rifle, shotgun or firearm and knows, or has reason to know, that a person less than sixteen years of age is likely to gain access to such rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon. For purposes of this section "safe storage depository" shall have the same meaning as such term is defined in section 265.45 of this article. Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons.It shall not be a violation of this section to allow a person less than sixteen years of age access to:

1. a firearm, rifle or shotgun for lawful use as authorized under paragraph seven or seven-e of subdivision a of section 265.20 of this article, or
2. a rifle or shotgun for lawful use as authorized by article eleven of the environmental conservation law when such person less than sixteen years of age is the holder of a hunting license or permit and such rifle or shotgun is used in accordance with such law.

Failure to safely store rifles, shotguns, and firearms in the second degree is a violation punishable only by a fine of not more than two hundred fifty dollars.

N.Y. Penal Law § 265.50

Failure to safely store rifles, shotguns, and firearms in the first degree:

1. No person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who:
   1. is under eighteen years of age;
   2. such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm pursuant to a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or
   3. such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm based on a conviction for a felony or a serious offense, shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon.
2. No person shall store or otherwise leave a rifle, shotgun, or firearm out of such person's immediate possession or control inside a vehicle without first removing the ammunition from and securely locking such rifle, shotgun, or firearm in an appropriate safe storage depository out of sight from outside of the vehicle; provided, however, this subdivision shall not apply to a police officer as such term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law, a qualified law enforcement officer authorized to carry concealed firearms pursuant to 18 U.S.C. 926B, or a person in the military service of the United States or the state of New York when such police officer, qualified law enforcement officer, or person in such military service is acting in the course of such person's official duty or employment and otherwise complying with any applicable standards or requirements pertaining to the storage of such rifle, shotgun, or firearm.
3. For purposes of this section "safe storage depository" shall mean a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons. For the purposes of subdivision two of this section, a glove compartment or glove box shall not be considered an appropriate safe storage depository.
4. It shall not be a violation of this section to allow a person less than eighteen years of age access to:
   1. a firearm, rifle or shotgun for lawful use as authorized under paragraph seven or seven-e of subdivision a of section 265.20 of this article, or
   2. a rifle or shotgun for lawful use as authorized by article eleven of the environmental conservation law when such person less than eighteen years of age is the holder of a hunting license or permit and such rifle or shotgun is used in accordance with such law.

Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor.

N.Y. Penal Law § 265.45

Criminal Possession of a Firearm
A person is guilty of criminal possession of a firearm when he or she:

1. possesses any firearm or;
2. lawfully possesses a firearm prior to the effective date of the chapter of the laws of two thousand thirteen which added this section subject to the registration requirements of subdivision sixteen-a of section 400.00 of this chapter and knowingly fails to register such firearm pursuant to such subdivision.

N.Y. Penal Law § 265.01-B

Criminal possession of a weapon in the fourth degree
A person is guilty of criminal possession of a weapon in the fourth degree when:

1. He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken, or "Kung Fu star";
2. He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or
3. ; or
4. He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or
5. He possesses any dangerous or deadly weapon and is not a citizen of the United States; or
6. He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.
7. He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.
8. Such person possesses any armor piercing ammunition with intent to use the same unlawfully against another.
9. [Multiple versions] Such person possesses a major component of a firearm, rifle, or shotgun and such person is prohibited from possessing a shotgun or rifle pursuant to:
   1. this article;
   2. subsection (g) of section 922 of title 18 of the United States Code; or
   3. a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules; or
10. [Multiple versions] Such person is not licensed as a gunsmith or a dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is a ghost gun, such person possesses a ghost gun, provided that a person shall not be guilty under this subdivision when he or she (a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) for a period of six months after the effective date of this section possesses a ghost gun prior to serialization and registration of such ghost gun pursuant to section 265.07 of this article.
11. Such person is not licensed as a gunsmith or dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is an unserialized frame or receiver or unfinished frame or receiver, such person possesses an unserialized frame or receiver or unfinished frame or receiver, provided that for a period of six months after the effective date of this subdivision, a person shall not be guilty under this subdivision when such person:
    1. voluntarily surrenders such unserialized frame or receiver or unfinished frame or receiver to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or
    2. possesses such unserialized frame or receiver or unfinished frame or receiver prior to serialization of such unserialized frame or receiver or unfinished frame or receiver in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto, except for antique firearms as defined in subdivision fourteen of section 265.00 of this article, as added by chapter nine hundred eighty-six of the laws of nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight.

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

N.Y. Penal Law § 265.01

Criminal possession of a weapon in the third degree
A person is guilty of criminal possession of a weapon in the third degree when:

1. Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or
2. Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or
3. Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or
4. (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or
5. Such person knowingly possesses any disguised gun; or
6. Such person possesses an assault weapon; or
7. Such person possesses a large capacity ammunition feeding device; or
8. Such person possesses an unloaded firearm and also commits a drug trafficking felony as defined in subdivision twenty-one of section 10.00 of this chapter as part of the same criminal transaction; or
9. Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction.

Criminal possession of a weapon in the third degree is a class D felony.

N.Y. Penal Law § 265.02

Criminal possession of a weapon in the second degreeA person is guilty of criminal possession of a weapon in the second degree when:

1. with intent to use the same unlawfully against another, such person:
   1. possesses a machine-gun; or
   2. possesses a loaded firearm; or
   3. possesses a disguised gun; or
2. such person possesses five or more firearms; or
3. such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.

Criminal possession of a weapon in the second degree is a class C felony.

N.Y. Penal Law § 265.03

Criminal possession of a weapon in the second degreeA person is guilty of criminal possession of a weapon in the first degree when such person:

1. possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
2. possesses ten or more firearms.

Criminal possession of a weapon in the first degree is a class B felony.

N.Y. Penal Law § 265.04

Aggravated criminal possession of a weaponA person is guilty of aggravated criminal possession of a weapon when he or she commits the crime of criminal possession of a weapon in the second degree and also commits any violent felony offense or a drug trafficking felony arising out of the same criminal transaction.

Aggravated criminal possession of a weapon is a class C felony

N.Y. Penal Law § 265.19

Unlawful possession of weapons by persons under sixteenIt shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section.

A person who violates the provisions of this section shall be adjudged a juvenile delinquent.

N.Y. Penal Law § 265.05

Criminal possession of an undetectable firearm, rifle or shotgunA person is guilty of criminal possession of an undetectable firearm, rifle or shotgun when he or she knowingly possesses:

1. any firearm, rifle or shotgun that, after the removal of grips, stocks and magazines, is not detectable by a metal detector calibrated to detect the Security Exemplar, as defined pursuant to 18 U.S.C. § 922(p); or
2. any major component of a firearm, rifle or shotgun that, if subject to the types of detection devices commonly used at airports for security screening, does not generate an image that adequately displays the shape of the component.

Criminal possession of an undetectable firearm, rifle or shotgun is a class E felony.

N.Y. Penal Law § 265.55

Criminal use of a firearm in the second degreeA person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:

1. possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
2. displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Criminal use of a firearm in the second degree is a class C felony.

N.Y. Penal Law § 265.08

Criminal use of a firearm in the first degree

1. A person is guilty of criminal use of a firearm in the first degree when he commits any class B violent felony offense as defined in paragraph (a) of subdivision one of section 70.02 and he either:
   1. possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
   2. displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Criminal use of a firearm in the first degree is a class B felony.

N.Y. Penal Law § 265.09

Prohibited use of weapons

1. Any person hunting with a dangerous weapon in any county wholly embraced within the territorial limits of a city is guilty of a class A misdemeanor.
2. Any person who wilfully discharges a loaded firearm or any other gun, the propelling force of which is gunpowder, at an aircraft while such aircraft is in motion in the air or in motion or stationary upon the ground, or at any railway or street railroad train as defined by the public service law, or at a locomotive, car, bus or vehicle standing or moving upon such railway, railroad or public highway, is guilty of a class D felony if thereby the safety of any person is endangered, and in every other case, of a class E felony.
3. Any person who, otherwise than in self defense or in the discharge of official duty, (a) wilfully discharges any species of firearms, air-gun or other weapon, or throws any other deadly missile, either in a public place, or in any place where there is any person to be endangered thereby, or, in Putnam county, within one-quarter mile of any occupied school building other than under supervised instruction by properly authorized instructors although no injury to any person ensues; (b) intentionally, without malice, points or aims any firearm or any other gun, the propelling force of which is gunpowder, at or toward any other person; (c) discharges, without injury to any other person, firearms or any other guns, the propelling force of which is gunpowder, while intentionally without malice, aimed at or toward any person; or (d) maims or injures any other person by the discharge of any firearm or any other gun, the propelling force of which is gunpowder, pointed or aimed intentionally, but without malice, at any such person, is guilty of a class A misdemeanor.

N.Y. Penal Law § 265.35

Criminal possession of a rapid-fire modification deviceA person is guilty of criminal possession of a rapid-fire modification device when he or she knowingly possesses any rapid-fire modification device.

Criminal possession of a rapid-fire modification device is a class A misdemeanor.

"Rapid-fire modification device" means any bump stock, trigger crank, binary trigger system, burst trigger system, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun. (N.Y. Penal Law § 265.00 (26))

N.Y. Penal Law § 265.01-C

New York “Assault Weapon” LawThe Safe Act redefined the term, “Assault Weapon,” and created registration requirements for those who lawfully owned them before the enactment of the statute.

Registration Requirements:

• Anyone who lawfully possessed a weapon on or before January 15, 2013, which has been redefined as an Assault Weapon by the Act, may keep that weapon provided the person registers the weapon by April 15, 2014. The registration process is a free procedure that can be conducted over the Internet. The web site is https://firearms.troopers.ny.gov/safeact/. The registration for an assault weapon must be renewed every 5 years.
• A person who knowingly fails to register by April 15, 2014, may be charged with PL section 400.00 (16-a) (c) / “Knowingly Failing to Register an Assault Weapon,” a class A misdemeanor. This charge applies to a person who lawfully possessed the weapon prior to the Safe Act, knew that the weapon was of the type that must be registered, and failed to register it.

Menacing in the second degree
A person is guilty of menacing in the second degree when:

1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Menacing in the second degree is a class A misdemeanor.

N.Y. Penal Law § 120.14

Every licensee while carrying a pistol or revolver shall have on his or her person a license to carry the same. Every person licensed to possess a pistol or revolver on particular premises shall have the license for the same on such premises. Every person licensed to purchase or take possession of a semiautomatic rifle shall have the license for the same on his or her person while purchasing or taking possession of such weapon. Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties, or police officer.

N.Y. Penal Law § 400.00 (8)

Issuance of a temporary extreme risk protection order:

1. Upon application of a petitioner pursuant to this article, the court may issue a temporary extreme risk protection order, ex parte or otherwise, to prohibit the respondent from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun, upon a finding that there is probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others, as defined in paragraph one or two of subdivision (a) of section 9.39 of the mental hygiene law. Such application for a temporary order shall be determined in writing on the same day the application is filed.
2. In determining whether grounds for a temporary extreme risk protection order exist, the court shall consider any relevant factors including, but not limited to, the following acts of the respondent:
   1. a threat or act of violence or use of physical force directed toward self, the petitioner, or another person;
   2. a violation or alleged violation of an order of protection;
   3. any pending charge or conviction for an offense involving the use of a weapon;
   4. the reckless use, display or brandishing of a firearm, rifle or shotgun;
   5. any history of a violation of an extreme risk protection order;
   6. evidence of recent or ongoing abuse of controlled substances or alcohol; or
   7. evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous instrument, or any ammunition therefor.

In considering the factors under this subdivision, the court shall consider the time that has elapsed since the occurrence of such act or acts and the age of the person at the time of the occurrence of such act or acts.

N.Y. CPLR 6342

Issuance of a final extreme risk protection order:
No sooner than three business days nor later than six business days after service of a temporary extreme risk protection order and, alternatively, no later than ten business days after service of an application under this article where no temporary extreme risk protection order has been issued, the supreme court shall hold a hearing to determine whether to issue a final extreme risk protection order and, when applicable, whether a firearm, rifle or shotgun surrendered by, or removed from, the respondent should be returned to the respondent. The respondent shall be entitled to more than six business days if a temporary extreme risk protection order has been issued and the respondent requests a reasonable period of additional time to prepare for the hearing. Where no temporary order has been issued, the respondent may request, and the court may grant, additional time beyond the ten days to allow the respondent to prepare for the hearing.Upon issuance of an extreme risk protection order, any firearm, rifle or shotgun removed pursuant to a temporary extreme risk protection order or such extreme risk protection order shall be retained by the law enforcement agency having jurisdiction for the duration of the order, unless ownership of the firearm, rifle or shotgun is legally transferred by the respondent to another individual permitted by law to own and possess such firearm, rifle or shotgun.

N.Y. C.P.L.R. § 6343 (1) & (3)(b)

Surrender and removal of firearms, rifles and shotguns pursuant to an extreme risk protection order:

1. When a law enforcement officer takes any firearm, rifle or shotgun pursuant to a temporary extreme risk protection order or a final extreme risk protection order, the officer shall give to the person from whom such firearm, rifle or shotgun is taken a receipt or voucher for the property taken, describing the property in detail. In the absence of a person, the officer shall leave the receipt or voucher in the place where the property was found, mail a copy of the receipt or voucher, retaining proof of mailing, to the last known address of the respondent and, if different, the owner of the firearm, rifle or shotgun, and file a copy of such receipt or voucher with the court. All firearms, rifles and shotguns in the possession of a law enforcement official pursuant to this article shall be subject to the provisions of applicable law, including but not limited to subdivision six of section 400.05 of the penal law; provided, however, that any such firearm, rifle or shotgun shall be retained and not disposed of by the law enforcement agency for at least two years unless legally transferred by the respondent to an individual permitted by law to own and possess such firearm, rifle or shotgun.
2. If the location to be searched during the execution of a temporary extreme risk protection order or extreme risk protection order is jointly occupied by two or more parties, and a firearm, rifle or shotgun located during the execution of such order is owned by a person other than the respondent, the court shall, upon a written finding that there is no legal impediment to the person other than the respondent's possession of such firearm, rifle or shotgun, order the return of such firearm, rifle or shotgun to such lawful owner and inform such person of their obligation to safely store their firearm, rifle, or shotgun in accordance with section 265.45 of the penal law.

N.Y. CPLR 6344

Justification; Generally:
Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when:

1. Such conduct is required or authorized by law or by a judicial decree, or is performed by a public servant in the reasonable exercise of his official powers, duties or functions; or
2. Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under this subdivision is offered by the defendant, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a defense.

N.Y. Penal Law § 35.05

Use of Force:

1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:
   1. The latter's conduct was provoked by the actor with intent to cause physical injury to another person; or
   2. The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or
   3. The physical force involved is the product of a combat by agreement not specifically authorized by law.

N.Y. Penal Law § 35.15 (1)

Use of Deadly Force:

1. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:
   1. The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is:
      1. in his or her dwelling and not the initial aggressor; or
      2. a police officer or peace officer or a person assisting a police officer or a peace officer at the latter's direction, acting pursuant to section 35.30; or
   2. He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in section 130.50 of this chapter by force, or robbery; or
   3. He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20.

N.Y. Penal Law § 35.15 (2)

Jury Instructions for Deadly Force:
In order to be justified in using deadly force, the defendant first must have actually believed that the attacker was using or was about to use deadly physical force against him/her [or someone else], and that the defendant’s own use of deadly physical force was necessary to defend himself/herself from it; and

Second, a “reasonable person” in the defendant’s position, knowing what the defendant knew and being in the same circumstances, would have had those same beliefs.

A person would not be justified in using deadly physical force under the following circumstances:

1. The defendant would not be justified if he/she was the initial aggressor.
2. The defendant would not be justified if he/she knew that he/she could with complete safety to himself/herself and others avoid the necessity of using deadly physical force by retreating.
3. The defendant would not be justified if his conduct was provoked by the defendant himself/herself with intent to cause physical injury to the victim.
4. The defendant would not be justified if the deadly physical force involved was the product of a combat by agreement not specifically authorized by law.

CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY)

A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:
(a) The latter's conduct was provoked by the actor with intent to cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

New York Penal Law §35.15 

Defense of Habitation:

1. Any person may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of a crime involving damage to premises. Such person may use any degree of physical force, other than deadly physical force, which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force if he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of arson.
2. A person in possession or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of a criminal trespass upon such premises. Such person may use any degree of physical force, other than deadly physical force, which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force in order to prevent or terminate the commission or attempted commission of arson, as prescribed in subdivision one, or in the course of a burglary or attempted burglary, as prescribed in subdivision three.
3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.

N.Y. Penal Law § 35.20

Defense of Property:
A person may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of larceny or of criminal mischief with respect to property other than premises.

N.Y. Penal Law § 35.25

The law: The actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating.

N.Y. Penal Law § 35.15 (2) (a)