Can a felon own a gun in New York?

New York prohibits firearm possession for all felony convictions and certain serious misdemeanor offenses. A Certificate of Relief from Disabilities (single felony) or Certificate of Good Conduct (multiple felonies) may remove the firearms disability at the issuing authority's discretion. A gubernatorial pardon also restores rights.

How can a felon restore gun rights in New York?

Apply for a Certificate of Relief from Disabilities (single conviction) or Certificate of Good Conduct (multiple convictions), or seek a gubernatorial pardon.

What is the waiting period for gun rights restoration in New York?

Certificate of Relief: may apply at sentencing or after. Certificate of Good Conduct: 3-5 years after sentence completion depending on offense class.

Are there exceptions to gun rights restoration in New York?

The Certificate does not automatically restore gun rights — the issuing authority (court or parole board) has discretion. New York City has additional local restrictions on firearms licensing.

Can a felon get gun rights back in New York?

It is very difficult but possible in some cases. For a single non-violent felony, a Certificate of Relief from Disabilities may restore gun rights if the issuing authority specifically includes firearm restoration language. For multiple non-violent felonies, a Certificate of Good Conduct from DOCCS can theoretically do the same, though DOCCS rarely grants firearm restoration. For violent felonies (Penal Law 70.02) or Class A-I felonies, only a governor's pardon can restore gun rights. In all cases, you must also obtain a firearms license, which is discretionary.

What is a Certificate of Relief from Disabilities (CRD)?

A CRD is a court order that removes 'forfeitures, disabilities, or bars to employment' that result from a criminal conviction. It is available to persons with no more than one felony conviction (two or more from the same court on the same day count as one). A CRD can be issued by the sentencing court or by DOCCS. It does NOT automatically restore gun rights — it must specifically include language restoring the right to possess firearms, and the issuing authority has discretion to include or exclude this.

What is a Certificate of Good Conduct (CGC)?

A CGC is issued by DOCCS for persons with multiple felony convictions who are ineligible for a CRD. It requires a waiting period: 5 years for Class A/B felonies, 3 years for Class C/D/E felonies. Like a CRD, it can include firearm restoration language at DOCCS's discretion. In practice, DOCCS very rarely includes gun rights restoration in a CGC regardless of the applicant's rehabilitation history.

What violent felonies permanently bar gun rights in New York?

Violent felony offenses defined in Penal Law 70.02(1) include: murder, manslaughter in the first degree, rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse, assault in the first degree, kidnapping, arson, robbery in the first and second degree, burglary in the first and second degree, criminal possession of a weapon in the second degree, gang assault, and strangulation in the first degree, among others. For any of these convictions, no certificate can restore gun rights — only a governor's pardon can.

How do I apply for a firearms license in New York?

Apply to the firearms licensing authority in the county where you reside. In most counties outside New York City, this is the county clerk or sheriff's office. In New York City, apply to the NYPD License Division. You will need to submit an application, undergo a background check, provide character references, and demonstrate 'good cause' for a handgun license. The licensing authority has broad discretion to approve or deny, and a prior felony conviction (even with a CRD/CGC) is a factor they consider. Processing times vary from several months to over a year.

What happens if a felon is caught with a gun in New York?

Criminal possession of a firearm by a convicted felon is a Class E felony under NY Penal Law 265.01-b, carrying up to 4 years in prison. If the firearm is loaded or possessed outside the home, enhanced charges under PL 265.03 (criminal possession of a weapon in the second degree, Class C felony) can apply, carrying up to 15 years with a mandatory minimum of 3.5 years. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years.

Does a governor's pardon guarantee gun rights restoration in New York?

A full and unconditional governor's pardon restores all civil rights, including the right to possess firearms. However, you would still need to apply for and obtain a firearms license under PL 400.00, and the licensing authority retains discretion. A conditional pardon may not include firearm restoration. Governor's pardons specifically addressing gun rights are extremely rare in New York.

Are there special rules for New York City?

Yes. New York City has additional firearm restrictions beyond state law. All firearms — including rifles and shotguns — require licenses issued by the NYPD License Division. NYC licensing is among the most restrictive in the nation, and the NYPD has broad discretion to deny applications. A prior felony conviction is a significant negative factor in NYC licensing decisions, even with a CRD or CGC that includes firearm restoration. NYC processing times are typically longer than in other parts of the state.

Can I use the new federal 925(c) process?

The revived federal 18 USC 925(c) process (as of March 2025) addresses the federal firearms disability but does not affect the New York state prohibition. You would still need a CRD, CGC, or governor's pardon to address the state prohibition, and would still need a firearms license. The federal 925(c) process could be helpful if you have a CRD/CGC but are uncertain whether it fully lifts the federal ban.

Felon Gun Rights in New York

Must petition for restoration

It depends, but it is very difficult. If you have a single non-violent felony conviction, a Certificate of Relief from Disabilities may restore your gun rights — but only if the issuing court or DOCCS specifically includes firearm restoration language, which is at their discretion. For multiple felonies, a Certificate of Good Conduct is required. For violent felony offenses (Penal Law 70.02) or Class A-I felonies, only a governor's pardon can restore gun rights. In all cases, you must also qualify for a firearms license, which New York City and other jurisdictions may independently deny.

Last updated: 2026-03-21

Overview

New York prohibits firearm possession for all felony convictions and many 'serious offenses' (certain misdemeanors). Under NY Penal Law 400.00(1)(c), no firearms license may be issued to anyone convicted of a felony or serious offense. The primary restoration mechanisms are a Certificate of Relief from Disabilities (for one felony conviction) or a Certificate of Good Conduct (for multiple felony convictions). However, these certificates must specifically include language restoring firearm rights, and the issuing authority has full discretion to exclude firearms. Critically, persons convicted of Class A-I felonies or 'violent felony offenses' as defined in Penal Law 70.02(1) cannot have their firearm rights restored through certificates — only a governor's pardon can help, and these are exceedingly rare. New York is one of the most restrictive states for gun rights restoration.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are federally prohibited from possessing firearms. In New York, a Certificate of Relief from Disabilities or Certificate of Good Conduct that restores civil rights (including the specific right to possess firearms) can lift the federal ban under the 'civil rights restored' exception in 18 USC 921(a)(20), provided the certificate does not expressly exclude firearms and the person's rights to vote, hold office, and serve on a jury are also restored. A governor's pardon also lifts the federal ban. Expungement or record sealing under New York's Clean Slate Act (2023) may affect the federal analysis, but this is legally untested. The revived federal 18 USC 925(c) process (as of March 2025) provides an additional pathway for federal relief.

Can restore gun rights

✓Persons with a single non-violent felony conviction — may apply for a Certificate of Relief from Disabilities (CRD) from the sentencing court or DOCCS, with discretionary restoration of firearm rights
✓Persons with multiple non-violent felony convictions — may apply for a Certificate of Good Conduct (CGC) from DOCCS after a waiting period, with discretionary restoration of firearm rights
✓Persons convicted of non-violent felonies who receive a full governor's pardon — restores all rights including firearms
✓Persons whose conviction is overturned, vacated, or sealed under certain conditions — may regain eligibility for a firearms license

Cannot restore gun rights

✗Persons convicted of Class A-I felonies (e.g., murder in the first degree, kidnapping in the first degree, arson in the first degree) — cannot have gun rights restored through any certificate; only a governor's pardon can help
✗Persons convicted of 'violent felony offenses' as defined in Penal Law 70.02(1) — cannot have gun rights restored through a CRD or CGC; only a governor's pardon can help
✗Persons who receive a CRD or CGC that does not specifically include firearm restoration language — gun rights are not restored even with the certificate
✗Persons denied a firearms license by a local licensing authority (e.g., NYPD License Division) based on discretionary factors — even with a CRD or CGC, the licensing authority retains independent discretion to deny
✗Persons subject to an order of protection — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9)) regardless of state certificates

Step-by-Step Process

Determine your eligibility path

Identify whether you have one felony conviction (Certificate of Relief from Disabilities) or multiple felony convictions (Certificate of Good Conduct). If your conviction is a violent felony under Penal Law 70.02(1) or a Class A-I felony, certificates cannot restore gun rights — your only option is a governor's pardon. Note: Two or more felonies from the same court on the same day count as one felony for CRD eligibility purposes.

For a Certificate of Relief from Disabilities (single non-violent felony)

Apply to the sentencing court if you are still under court supervision or were sentenced to a non-prison term. If you were sentenced to state prison, apply to the New York State Department of Corrections and Community Supervision (DOCCS) Certificate Review Unit. A CRD may be issued upon release from a correctional facility or at any time thereafter. There is no mandatory waiting period for application after sentence completion.

For a Certificate of Good Conduct (multiple non-violent felonies)

Apply to DOCCS. You must wait a minimum period after release from custody: 5 years for Class A or B felonies, 3 years for Class C, D, or E felonies, and 1 year for misdemeanors only. During this period, you must demonstrate good conduct and maintain a law-abiding life. Apply to the DOCCS Certificate Review Unit.

Request explicit firearm restoration language

This is the critical step. When applying, explicitly request that the certificate include language restoring your right to possess firearms. The issuing authority (court or DOCCS) has full discretion to include or exclude firearm restoration. DOCCS is known to be very reluctant to include firearm restoration language regardless of the applicant's background. You may need to present strong evidence of rehabilitation and a compelling reason for restoration.

Apply for a firearms license

Even with a CRD or CGC that includes firearm restoration, you must still obtain a firearms license under NY Penal Law 400.00. Apply to the licensing authority in the county where you reside (in New York City, this is the NYPD License Division). The licensing authority has independent discretion to approve or deny your application based on 'good cause' and 'good moral character.' A prior felony conviction is a factor they consider, even with a certificate.

For violent felonies or Class A-I felonies: Apply for a governor's pardon

If your conviction is a violent felony or Class A-I felony, certificates cannot restore gun rights. Apply for a gubernatorial pardon through the New York State Executive Chamber. There is no fixed eligibility period, but applications are rarely considered unless significant time has passed and you can demonstrate extraordinary rehabilitation. Governor's pardons restoring gun rights are exceedingly rare in New York.

Waiting Period

Certificate of Relief from Disabilities: No mandatory waiting period — may be issued at sentencing, upon release, or at any time thereafter. Certificate of Good Conduct: 5 years after release for Class A/B felonies, 3 years for Class C/D/E felonies, 1 year for misdemeanors only. Governor's pardon: No fixed waiting period, but practically requires many years of demonstrated rehabilitation. After obtaining a certificate, the firearms licensing process has its own timeline (typically several months in most counties, up to a year or more in New York City).

Key Laws

Law	Year	Description
NY Penal Law 265.01-b — Criminal Possession of a Firearm	2013	Makes it a Class E felony (up to 4 years in prison) for any person who has been convicted of a felony or 'serious offense' to possess any firearm. This is the primary felon-in-possession statute in New York.
NY Penal Law 400.00 — Firearms Licensing	1911 (amended through 2024)	Establishes the licensing system for all firearms in New York. Section 400.00(1)(c) prohibits issuance of a firearms license to any person convicted of a felony or 'serious offense.' A Certificate of Relief or Good Conduct can remove this bar at the licensing authority's discretion. New York is a 'may-issue' state — the licensing authority has broad discretion to deny applications.
NY Penal Law 70.02 — Violent Felony Offenses	1978 (amended through 2024)	Defines 'violent felony offenses' across four classes (B through E), including murder, manslaughter, rape, robbery, kidnapping, arson, assault in the first degree, burglary in the first and second degree, gang assault, and criminal possession of a weapon in the second degree. Convictions for these offenses cannot have firearm rights restored through a CRD or CGC.
NY Correction Law Article 23 — Certificates of Relief from Disabilities and Good Conduct	1966 (amended through 2023)	Establishes the legal framework for CRDs and CGCs. CRDs are available for persons with no more than one felony conviction. CGCs are available for persons with multiple felonies after a waiting period. Both require demonstration of rehabilitation and are issued at the discretion of the court or DOCCS. Either certificate may include firearm rights restoration at the issuer's discretion, except for violent felonies and Class A-I felonies.
NY Clean Slate Act (2023)	2023	Enacted automatic sealing of certain criminal records after specific waiting periods (3 years for misdemeanors, 8 years for felonies after sentence completion). Important: Record sealing under the Clean Slate Act does NOT automatically restore firearm rights. Sealed records are still accessible to firearms licensing authorities. The interaction between sealed records and federal firearms disability is legally untested.
NY Executive Law 15 — Governor's Pardon Power	1951	Authorizes the Governor to grant pardons for state offenses. A full pardon can restore firearm rights even for violent felonies and Class A-I felonies. Governor's pardons restoring gun rights are extremely rare in New York.

Edge Cases

I received a Certificate of Relief from Disabilities but it does not mention firearms. Are my gun rights restored?

No. A CRD does not automatically restore gun rights. The certificate must explicitly include language restoring the right to possess firearms. If your CRD does not specifically address firearms, it removes other collateral consequences (employment barriers, licensing restrictions) but does NOT restore gun rights. You may be able to petition the issuing authority to amend the certificate to include firearm language, but this is at their discretion.

Can DOCCS restore my gun rights through a Certificate of Good Conduct?

In theory, yes — DOCCS has the authority to include firearm restoration language in a CGC. In practice, DOCCS very rarely includes firearm restoration regardless of the applicant's background, conviction age, or rehabilitation evidence. Attorneys who practice in this area report that DOCCS almost never grants firearm restoration through a CGC. A court-issued CRD (for single felonies) or a governor's pardon may be more realistic paths.

My felony conviction was from another state. Can I get a firearms license in New York?

It depends. Under NY Penal Law 400.00(1)(c), a firearms license cannot be issued to any person convicted of a felony in any jurisdiction. If the out-of-state conviction has been pardoned, expunged, or if your rights were restored in the state of conviction, New York may recognize that restoration — but the licensing authority retains discretion. You would likely need legal counsel to navigate the intersection of the other state's restoration and New York's licensing requirements.

Does the New York Clean Slate Act (2023) restore my gun rights?

No. The Clean Slate Act provides for automatic sealing of certain criminal records after waiting periods, but it does not restore firearm rights. Sealed records remain accessible to firearms licensing authorities for the purpose of firearms license applications. The Act explicitly does not create a right to possess firearms.

I was convicted of a Class E non-violent felony. What are my realistic chances of getting gun rights back?

A Class E felony is the least serious felony in New York. If you have only one such conviction and it is non-violent, your best path is a Certificate of Relief from Disabilities from the sentencing court (not DOCCS). Courts are more likely than DOCCS to include firearm restoration language, especially for minor, non-violent felonies where significant time has passed. You would then need to apply for and obtain a firearms license, which remains discretionary. Overall, the path is possible but not guaranteed.

Can I possess a long gun (rifle or shotgun) without a license in New York?

In most of New York State outside New York City, rifles and shotguns do not require a license for possession. However, NY Penal Law 265.01(4) makes it a misdemeanor for a convicted felon to possess a rifle or shotgun, and Section 265.01-b makes it a felony. A CRD or CGC with firearm restoration language can remove this prohibition. In New York City, all firearms (including rifles and shotguns) require a license under local administrative code, and the NYPD License Division has independent discretion over issuance.

Frequently Asked Questions

Can a felon get gun rights back in New York?: It is very difficult but possible in some cases. For a single non-violent felony, a Certificate of Relief from Disabilities may restore gun rights if the issuing authority specifically includes firearm restoration language. For multiple non-violent felonies, a Certificate of Good Conduct from DOCCS can theoretically do the same, though DOCCS rarely grants firearm restoration. For violent felonies (Penal Law 70.02) or Class A-I felonies, only a governor's pardon can restore gun rights. In all cases, you must also obtain a firearms license, which is discretionary.
What is a Certificate of Relief from Disabilities (CRD)?: A CRD is a court order that removes 'forfeitures, disabilities, or bars to employment' that result from a criminal conviction. It is available to persons with no more than one felony conviction (two or more from the same court on the same day count as one). A CRD can be issued by the sentencing court or by DOCCS. It does NOT automatically restore gun rights — it must specifically include language restoring the right to possess firearms, and the issuing authority has discretion to include or exclude this.
What is a Certificate of Good Conduct (CGC)?: A CGC is issued by DOCCS for persons with multiple felony convictions who are ineligible for a CRD. It requires a waiting period: 5 years for Class A/B felonies, 3 years for Class C/D/E felonies. Like a CRD, it can include firearm restoration language at DOCCS's discretion. In practice, DOCCS very rarely includes gun rights restoration in a CGC regardless of the applicant's rehabilitation history.
What violent felonies permanently bar gun rights in New York?: Violent felony offenses defined in Penal Law 70.02(1) include: murder, manslaughter in the first degree, rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse, assault in the first degree, kidnapping, arson, robbery in the first and second degree, burglary in the first and second degree, criminal possession of a weapon in the second degree, gang assault, and strangulation in the first degree, among others. For any of these convictions, no certificate can restore gun rights — only a governor's pardon can.
How do I apply for a firearms license in New York?: Apply to the firearms licensing authority in the county where you reside. In most counties outside New York City, this is the county clerk or sheriff's office. In New York City, apply to the NYPD License Division. You will need to submit an application, undergo a background check, provide character references, and demonstrate 'good cause' for a handgun license. The licensing authority has broad discretion to approve or deny, and a prior felony conviction (even with a CRD/CGC) is a factor they consider. Processing times vary from several months to over a year.
What happens if a felon is caught with a gun in New York?: Criminal possession of a firearm by a convicted felon is a Class E felony under NY Penal Law 265.01-b, carrying up to 4 years in prison. If the firearm is loaded or possessed outside the home, enhanced charges under PL 265.03 (criminal possession of a weapon in the second degree, Class C felony) can apply, carrying up to 15 years with a mandatory minimum of 3.5 years. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years.
Does a governor's pardon guarantee gun rights restoration in New York?: A full and unconditional governor's pardon restores all civil rights, including the right to possess firearms. However, you would still need to apply for and obtain a firearms license under PL 400.00, and the licensing authority retains discretion. A conditional pardon may not include firearm restoration. Governor's pardons specifically addressing gun rights are extremely rare in New York.
Are there special rules for New York City?: Yes. New York City has additional firearm restrictions beyond state law. All firearms — including rifles and shotguns — require licenses issued by the NYPD License Division. NYC licensing is among the most restrictive in the nation, and the NYPD has broad discretion to deny applications. A prior felony conviction is a significant negative factor in NYC licensing decisions, even with a CRD or CGC that includes firearm restoration. NYC processing times are typically longer than in other parts of the state.
Can I use the new federal 925(c) process?: The revived federal 18 USC 925(c) process (as of March 2025) addresses the federal firearms disability but does not affect the New York state prohibition. You would still need a CRD, CGC, or governor's pardon to address the state prohibition, and would still need a firearms license. The federal 925(c) process could be helpful if you have a CRD/CGC but are uncertain whether it fully lifts the federal ban.

Take Action — Direct Links

DOCCS — Certificate of Relief / Good Conduct & Restoration of Rights
Official DOCCS page explaining the Certificate of Relief from Disabilities and Certificate of Good Conduct, including eligibility, application process, and what rights they restore.
NY Courts — Getting Rights Back
Self-help guide from the New York Courts system on how to restore rights after a criminal conviction, including certificates of relief and the pardon process.
CCRC — New York Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in New York, including certificates, pardons, and the Clean Slate Act.
ATF — New York Firearms Statutes and Codes
ATF's compilation of New York firearms laws, useful for understanding the intersection of state and federal firearms prohibitions.
NY Governor's Office — Clemency and Pardons
Information from the Governor's office on how to apply for executive clemency, including pardons that may restore firearm rights for violent felony convictions.
NYPD License Division — Firearms Licensing
Official NYPD page for firearms license applications in New York City, including handgun, rifle, and shotgun permits.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief, which may supplement state-level restoration efforts.