If I file one application to amend my New York pistol permit to add two new handguns and remove one old one, do I pay a single amendment fee or one fee per change?

Plain-English summary

Outside New York City and Nassau County, New York Penal Law § 400.00(14) sets the fee for amending a pistol or revolver license at $3. The Yates County Attorney asked the AG whether the $3 fee applies per amendment or per change within the amendment. A pistol-permit holder who wanted to add two new firearms and cancel one old one in a single submission, for example, could be charged either $3 (one fee per amendment) or $9 (one fee per change).

The AG said one fee per amendment. The textual hook is in § 400.00(9), which authorizes a license holder to apply "for amendment of his license to include one or more such weapons or to cancel weapons held under license." That language assumes a single amendment can effect multiple changes. The fee provision in § 400.00(14) attaches the $3 to "each amendment," not to each change inside an amendment.

The legislative history sealed the result. Before 1963, the amendment authority and the fee sat in a single sentence of former Penal Law § 1897(10)(b): "upon payment of a fee of one dollar . . . such judge or justice may issue an amended license to cover such additional or different weapons, or the cancellation of one or more weapons held under such license." The 1952 State Comptroller's opinion (No. 5666) had read that older language as one fee per amendment. In 1963, the Legislature reorganized the firearms provisions of the Penal Law (Law 1963, ch. 136) and split the amendment authority and the fee into separate subdivisions. The bill jacket made clear the reorganization was structural, not substantive. The AG therefore read the present § 400.00(14) the same way the 1952 Comptroller had read the 1952 statute.

For Suffolk County, the amendment fee was $5 under a separate sentence in § 400.00(14), but the same one-fee-per-amendment principle applied.

Currency note

This opinion was issued in 2005. 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.

New York has substantially reorganized its firearms licensing framework since 2005, including major changes through the 2013 NY SAFE Act and the 2022 Concealed Carry Improvement Act, plus a series of fee schedule and procedural amendments. Any current question about pistol-permit amendment fees should be checked against the current Penal Law § 400.00 text, the county-specific implementing rules of the licensing officer, and any later guidance from the New York State Police, which maintains the statewide pistol-permit records system.

Common questions

Q: What does it cost to amend a New York pistol permit?
A: At the time of this 2005 opinion, $3 per amendment outside Suffolk County, and $5 per amendment in Suffolk County. The amendment fee covers the whole submission, however many weapons are added or removed in that submission. Current fees may differ; check the current Penal Law § 400.00(14) and your county licensing officer's posted fee schedule.

Q: What counts as an "amendment"?
A: Under Penal Law § 400.00(9) as quoted in the opinion, an amendment is an application to "include one or more such weapons or to cancel weapons held under license." Adding a pistol, removing a pistol, swapping out one for another, or any combination of those can be done in one amendment.

Q: Is there a limit on how many guns I can add or remove in one amendment?
A: The opinion did not address quantity limits; it addressed only the fee structure. A licensee should consult the current county licensing officer about any practical limits on a single submission, such as required documentation or sales-receipt requirements.

Q: What if my county clerk insists on charging me a separate fee for each gun?
A: At the time of this 2005 opinion, that would be inconsistent with the AG's reading of Penal Law § 400.00(14). The AG opinion is persuasive authority but not binding on a county. A licensee facing this could (1) ask the licensing officer to consult the AG opinion, (2) seek an opinion from county counsel, or (3) raise the issue in an Article 78 proceeding. The State Comptroller's 1952 opinion read the pre-1963 language the same way.

Q: Was Penal Law § 400.00 created in one piece?
A: No. The firearms licensing framework was originally in old Penal Law § 1897. The 1963 reorganization (Law 1963, ch. 136) moved it to § 1903, and a later renumbering moved it to § 400.00. The bill jacket for the 1963 amendment said the rearrangement did not intend substantive changes outside of a few specifically identified items, and the fee provision was not one of those items.

Q: Where do I look up the actual fee in my county?
A: County clerk pistol-permit divisions publish their current fee schedules, often on the county clerk website. Some counties also post a "fee for amendment" line separately. For statutory current text, see Penal Law § 400.00 on the New York Legislature's website.

Background and statutory framework

The statutory chain runs through the Penal Law's firearms provisions. Penal Law §§ 265.01(1), 265.02(4), and 265.03(2) make possession or carrying of a pistol or revolver a crime. Penal Law § 265.20(3) exempts persons licensed under § 400.00 from those weapons-possession crimes. So the license at issue is what bridges the criminal-possession statute and lawful private ownership.

Penal Law § 400.00 itself contains the licensing framework. Section 400.00(7) ties each license to a specific weapon or weapons. Section 400.00(9) authorizes the license holder to apply for an amendment to add or remove weapons. Section 400.00(14) sets the fee schedule for both the initial license (variable, $3 to $10 by county) and for each amendment ($3, or $5 in Suffolk County).

The 1963 history matters because the original 1961 amendment to former § 1897(10)(b) used clearer language: "upon payment of a fee of one dollar . . . such judge or justice may issue an amended license to cover such additional or different weapons, or the cancellation of one or more weapons held under such license." Read against that text, the 1952 State Comptroller's opinion held that one fee covered an amendment that affected multiple weapons.

The 1963 reorganization (Law 1963, ch. 136) split the amendment authority and the fee into different subdivisions, which created the ambiguity Yates County encountered. But the bill jacket materials, summarized by the AG, made clear the reorganization was structural. The Joint Legislative Committee on Firearms and Ammunition described the amendment as "intended to reorganize and rearrange the existing provisions without substantive change." The Division of the Budget report listed the few substantive changes that were made; the amendment fee structure was not among them. The AG therefore read § 400.00(14) consistently with the State Comptroller's 1952 reading of the predecessor statute.

Citations and references

Statutes:

• Penal Law § 265.00 (definitions)
• Penal Law § 265.00(3) (firearm)
• Penal Law § 265.01 (criminal possession in the fourth degree)
• Penal Law § 265.01(1) (firearm possession crime)
• Penal Law § 265.02 (criminal possession in the third degree)
• Penal Law § 265.02(4)
• Penal Law § 265.03 (criminal possession in the second degree)
• Penal Law § 265.03(2)
• Penal Law § 265.20 (exemptions)
• Penal Law § 265.20(3) (license-holder exemption)
• Penal Law § 400.00 (licensing of firearms)
• Penal Law § 400.00(7) (license tied to specific weapon)
• Penal Law § 400.00(9) (amendment application)
• Penal Law § 400.00(14) (fees)
• Former Penal Law § 1897(10)(b), as amended by L. 1961, ch. 296
• L. 1963, ch. 136 (1963 reorganization of firearms provisions)

Prior opinions:

• 1952 Op. State Compt. No. 5666 (one fee per amendment under former language)

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2005-7_pw.pdf

Original opinion text

PENAL LAW §§ 265.00, 265.01, 265.02, 265.03, 265.20, 400.00; L. 1963, CH. 136; L. 1961, Ch. 296.

Penal Law § 400.00(14) authorizes a fee of $3.00 for each amendment to a firearms license, even if the proposed amendment will result in more than one change to the license.

February 17, 2005

Bernetta A. Bourcy
County Attorney
County of Yates
415 Liberty Street, Suite 204
Penn Yan, NY 14527

Informal Opinion
No. 2005-7

Dear Ms. Bourcy:

Your question concerns an interpretation of subdivision 14 of section 400.00 of the Penal Law, which governs the fee for amendments to firearm licenses. You have asked whether the County may charge the statutory fee of $3.00 for each proposed change to a firearms license that is contained in one application to amend the license, or whether the County may charge only one $3.00 fee for each amendment, regardless of the number of proposed changes to be made by the amendment. We conclude that Penal Law § 400.00(14) authorizes a fee of $3.00 for each amendment to a firearms license, even if the proposed amendment will result in more than one change to the license, such as the addition or cancellation of more than one weapon.

ANALYSIS

The licensing of firearms is governed by Penal Law § 400. Individuals seeking to carry or possess a pistol or revolver must obtain a license. See Penal Law §§ 265.01(1), 265.02(4), 265.03(2) (weapons possession crimes); id. § 265.20(3) (exemption from weapons possession crimes for persons licensed); id. § 265.00(3) (definition of firearm). Such a license is issued for a specific weapon. See Penal Law § 400.00(7). A person licensed to carry or possess a pistol or revolver may apply for an amendment of his license "to include one or more such weapons or to cancel weapons held under license." Id. § 400.00(9). Outside New York City and the County of Nassau, the licensing fees are set by state statute: the fee for a license to carry or possess a pistol or revolver may be from $3.00 to $10.00 as determined by the county legislature, and "for each amendment thereto," the fee is $3.00. Id. § 400.00(14). The fee for an amendment in Suffolk County is $5.00. Penal Law § 400.00(14).

Because an amendment to a firearms license may amend the license to include one or more weapons, or to cancel weapons held under the license, you have asked whether the $3.00 amendment fee applies to each amendment, or to each change to the license proposed to be made by an amendment. For example, if an individual applies to amend his firearm license to include two additional weapons and to cancel one of the previously included weapons, your question is whether the appropriate fee would be a single $3.00 fee for the entire amendment, or $3.00 for each proposed change, for a total fee of $9.00.

Reviewing the language of Penal Law § 400.00, we are of the opinion that the statute authorizes a single $3.00 fee for the entire amendment. Subdivision 9 directs that "a person licensed to carry or possess a pistol or revolver may apply . . . for amendment of his license to include one or more such weapons or to cancel weapons held under license." This language indicates that an amendment may effect more than one change to an existing license: a single amendment may add one or more weapons and cancel one or more weapons. Thus, insofar as subdivision 14 directs that the fee "for each amendment" is $3.00, we believe the most appropriate reading of that provision is that the $3.00 fee applies to each amendment, regardless of the number of changes to be made by the amendment.

Legislative history supports this interpretation of the fee provision. Prior to 1963, the authority to seek amendment of a firearms license and the fee applicable thereto were contained in one provision, which read:

Elsewhere than in the city of New York, a person licensed to possess or carry a weapon as prescribed by this section may apply at any time to the judge or justice by whom his license was issued . . . for an amendment to his license, so as to include one or more additional weapons or one or more different weapons, and upon payment of a fee of one dollar . . . such judge or justice may issue an amended license to cover such additional or different weapons, or the cancellation of one or more weapons held under such license.

Former Penal Law § 1897(10)(b), as amended by Law 1961, ch. 296 (emphasis added). Under this former provision, it was clear that upon the payment of one fee, an individual could obtain an amendment of his firearms license to include more than one additional or different weapons. See 1952 Op. State Compt. No. 5666 (construing former language as authorizing only one fee for an amendment, even where amendment will include more than one additional weapon). In 1963, in connection with a major reorganization of the firearms provisions of the Penal Law, the licensing provision was moved from section 1897 to section 1903 and internally reorganized. See Law 1963, ch. 136. Pursuant to the 1963 amendment, the language governing the amendment fee was removed from the subdivision authorizing amendment of a license and placed in a separate subdivision, which covered the fees for an original license and amendments thereto. The licensing statute was renumbered to section 400.00 by subsequent amendment, but the internal organization of the statute remains much the same today.

According to numerous letters contained in the bill jacket to the 1963 amendment, the amendment primarily was intended to reorganize and rearrange the existing provisions without substantive change. See Memorandum of the Joint Legislative Committee on Firearms and Ammunition, reprinted in Bill Jacket for ch. 136 (1963), at 22; see also Bill Jacket for ch. 136 (1963), at 5, 6, 9, 11. The few substantive changes made by the amendment do not include the changes to the license amendment and fee provisions. See Report of the Division of the Budget (March 22, 1963), reprinted in Bill Jacket for ch. 136 (1963), at 16-17. Inasmuch as no substantive change was intended by the amendment separating the language governing the fee from that governing license amendments, we conclude that the present language continues to authorize only one fee for an amendment, even where the amendment will include more than one change to an existing license.

The Attorney General issues formal opinions only to officers and departments of state government. Thus, this is an informal opinion rendered to assist you in advising the municipality you represent.

Very truly yours,

LAURA ETLINGER
Assistant Solicitor General
In Charge of Opinions