Does New York recognize a Georgia concealed-carry handgun permit, or any other out-of-state firearms license?

Plain-English summary

Georgia's Attorney General asked New York's AG whether New York recognized Georgia handgun permits. The question mattered because a 1996 Georgia statute (O.C.G.A. § 16-11-126(e)) provided that Georgia would honor handgun permits from any state that honored Georgia's permits.

The AG said New York did not.

New York Penal Law § 400.00, the statute governing firearms licenses, contained no general provision recognizing or giving effect to permits issued by other states to their residents. The opinion noted no reciprocal agreements existed between New York and other states on this point.

The opinion identified narrow statutory exemptions in Penal Law Article 265 for nonresidents:

• Police officers and sworn peace officers of another state conducting official business in New York (§ 265.20(a)(11)).
• Federal personnel pursuing official duties or authorized by federal law to carry firearms (§ 265.20(a)(1)(d)).
• Nonresidents licensed in their home states who attend certain competitive shooting matches or gun shows in New York (§ 265.20(a)(13), (13a)).

A prior AG opinion (94-F3) had treated U.S. Postal Police Officers as falling within § 265.20(a)(1)(d) while on duty, but had also concluded that any off-duty carry by those officers required compliance with New York's own licensing scheme.

For an ordinary Georgia permit-holder visiting or moving to New York, none of the exemptions applied. Concealed carry on the Georgia permit alone was not authorized.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

In particular, the legal landscape for nonresident concealed carry has shifted significantly since 1997 (the U.S. Supreme Court decisions in District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Association v. Bruen all postdate this opinion, as did major New York and federal statutory revisions). The bottom-line rule, that an out-of-state permit alone does not authorize carry in New York, has held, but the specific exemptions and licensing standards have changed. Anyone considering carrying a firearm into New York on an out-of-state permit needs current legal advice.

Common questions

Did the AG say nonresidents could never carry firearms in New York?

No. The opinion identified specific Penal Law exemptions: out-of-state peace officers on official business, federal officers on duty, and nonresident license holders at qualified competitive shooting events or gun shows. Outside those categories, a nonresident needed to comply with New York's own licensing statute.

Did New York have any reciprocal agreement with another state in 1997?

The AG said no. The opinion stated the office was "not aware of any reciprocal agreements with other states concerning firearms."

What was the Georgia statute that triggered the question?

Georgia's O.C.G.A. § 16-11-126(e) provided that Georgia would honor handgun permits issued by any state that gave effect to Georgia permits. Georgia's AG was confirming whether the trigger condition was met for New York. The 1997 New York AG opinion answered no.

Did the postal police opinion (94-F3) help nonresidents?

Not really. It interpreted the § 265.20(a)(1)(d) federal-officer exemption as covering on-duty federal firearms carry, but concluded that off-duty carry by the same officers in New York required New York licensing. The exemption was tied to official federal duties, not to general nonresident status.

What about transit, hunting, or other limited activities?

The opinion did not address transit (Firearm Owners Protection Act preemption) or hunting-license rules. A traveler in transit through New York is in a different statutory and federal posture than a resident-equivalent carry. This opinion specifically addressed whether an out-of-state license, standing alone, gave the holder the right to carry in New York. It did not.

Background and statutory framework

New York Penal Law § 400.00 sets the licensing requirements for handguns. A license is required to possess a handgun in New York other than within one's own home or place of business, subject to specific statutory exemptions. The licensing standard at the time was discretionary ("proper cause") and licenses were issued by local licensing officers (typically county judges or police commissioners).

Penal Law Article 265 defines weapons offenses. § 265.20 sets out exemptions that withdraw conduct from the reach of the prohibitions. The relevant nonresident-related exemptions appear at § 265.20(a)(1)(d) (federal officers and persons authorized by federal law), (a)(11) (out-of-state peace officers on official business), and (a)(13) and (13a) (competitive shooting events and gun shows attended by licensed nonresidents).

The federal Law Enforcement Officers Safety Act (LEOSA) was enacted in 2004, well after this opinion. LEOSA grants certain qualified active and retired federal, state, and local law enforcement officers a federal right to carry concealed firearms in any jurisdiction. The 1997 opinion did not address LEOSA.

Citations

• Penal Law Art 265 (weapons offenses).
• Penal Law § 265.20(a)(1)(d) (federal officer / federal-law-authorized exemption).
• Penal Law § 265.20(a)(11) (out-of-state peace officer on official business).
• Penal Law § 265.20(a)(13), (13a) (nonresident exemption for competitive shooting matches and gun shows).
• Penal Law § 400.00 (issuance of firearm licenses).
• Official Code of Georgia Annotated § 16-11-126(e) (Georgia reciprocity statute).
• Op Atty Gen No. 94-F3 (prior treatment of U.S. Postal Police Officers).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/97-F4_pw.pdf

Original opinion text

PENAL LAW, ART 265, §§ 265.20(a)(1)(d), (11), (13) and (13a), 400.00; OFFICIAL CODE OF GEORGIA ANNOTATED § 16-11-126(e). With limited exceptions, New York law does not recognize or give effect to licenses to carry firearms issued by the State of Georgia or any other state.

March 13, 1997

Honorable Michael J. Bowers
Attorney General of Georgia
Att.: Carol Callaway
Senior Assistant Attorney General
40 Capitol Square SW
Atlanta, Georgia 30334-1300

Formal Opinion
No. 97-F4

Dear Attorney General Bowers:
You have asked whether the laws of New York recognize and give effect to a permit to carry a handgun issued by the State of Georgia. You note that 1996 amendments to the Official Code of Georgia Annotated (§ 16-11-126[e]) provide that if the laws of another state give effect to handgun permits issued by the State of Georgia, Georgia will honor handgun permits issued by that state under the same terms and conditions as if the permits were issued to Georgia residents by the State of Georgia. New York Penal Law § 400.00 governs the issuance of licenses to carry, possess, repair and dispose of firearms. It contains no general provision recognizing or giving effect to permits issued by other states to their residents. We are not aware of any reciprocal agreements with other states concerning firearms. L. Thomas and J. Chamberlain, Gun Control in New York, 2d ed, Gunlock Press at p 197. There are limited statutory authorizations for residents of other jurisdictions to carry firearms in New York. Penal Law Article 265 defines the offenses for unlawful possession of weapons. Section 265.20(a) provides exemptions from criminal liability in specific, defined circumstances. Among these are possession of a pistol or revolver by a police officer or sworn peace officer of another state while conducting official business in New York. Penal Law § 265.20(a)(11). Limited statutory exemptions also are provided for nonresidents who are licensed to

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carry firearms in accord with the laws of their states of residence who attend certain competitive shooting matches or gun shows in New York. Id. § 265.20(a)(13), (13a). In a prior opinion, we concluded that United States Postal Police Officers who are issued Federal firearms permits that authorize them to carry firearms while on duty are within the exemption provided in section 265.20(a)(1)(d), which covers persons in the service of the United States pursuing official duties or those authorized by Federal law to carry firearms. We noted, however, that this exemption, as applied to the postal police officers, is strictly limited by their Federal firearms permits to on-duty activities and concluded that a postal police officer who wished to carry a firearm while off-duty in New York would have to comply with New York's licensing statute. Op Atty Gen No. 94-F3. We conclude, with limited exceptions, that New York law does not recognize or give effect to licenses to carry firearms issued by the State of Georgia or any other state. Very truly yours,

DENNIS C. VACCO
Attorney General