If you hold a NY CCW, NY carry permit, or are applying for a NY pistol license in Nassau, Suffolk, NYC, or anywhere in the state, one of the most important things you must understand is when you can legally use force or deadly physical force.
Carrying a firearm legally is not just about shooting proficiency—it’s about knowing when not to shoot. Under New York Penal Law Article 35, a firearm is a tool of last resort, meant to be used only when you or someone else faces imminent danger of death or serious bodily injury.
Let’s break down the law in simple, practical terms—so whether you have a pistol permit, a gun license, or you’re just getting started, you’ll understand your responsibilities.
What Is “Use of Force” vs. “Deadly Physical Force”?
New York law makes a clear distinction between physical force and deadly physical force:
- Physical force: Any force used to stop or deter another person. This can include pushing, holding someone back, or restraining.
- Deadly physical force: Any force capable of causing death or serious physical injury. This includes:
- Firing a gun (even if no one is hit)
- Stabbing or slashing
- Blunt force trauma to the head or vital areas
- Striking with a weapon or object in a lethal manner
👉 Not all force is deadly. But once you introduce a firearm or any weapon into a situation, the law may treat it as deadly force—even if you didn’t intend serious harm.
When Is Deadly Physical Force Justified?
Under Penal Law §35.15, you may only use deadly physical force if:
- You reasonably believe that someone is about to cause death or serious physical injury to you or someone else.
- The threat is imminent—it must be happening now.
- You cannot retreat safely (unless you’re in your own home—see “Castle Doctrine” below).
Deadly force is not justified for:
- Verbal threats alone
- Minor physical altercations
- Preventing property theft (unless your life is in danger)
- Situations where you could safely walk away
The Duty to Retreat
New York is a “duty to retreat” state, which means:
- If you can safely avoid using deadly force by retreating, the law requires you to do so.
- You cannot use deadly force if you had another safe option, like leaving the scene or calling 911—unless you’re in your home.
This applies even if you are lawfully carrying a firearm with a valid NY pistol license or NY CCW. Just having a gun license does not give you the right to use it in any confrontation.
The Castle Doctrine: No Duty to Retreat in Your Home
New York follows a limited Castle Doctrine:
- You do not have a duty to retreat if someone unlawfully enters your dwelling (your actual home—not your porch, yard, or vehicle).
- However, you must still meet the standard of reasonable fear of imminent death or serious injury to use deadly force.
- You cannot use deadly force just because someone broke into your home—there must be a threat to life.
Who Started the Fight? The “Initial Aggressor” Rule
If you are the initial aggressor—meaning you started the physical confrontation—you lose your legal right to use deadly force, unless:
- You completely withdraw from the fight, and
- You clearly communicate your withdrawal, but the other person continues to use unlawful deadly force against you.
For example: if you start an argument, push someone, and they pull a knife on you, you may not be justified in shooting unless you clearly tried to retreat or de-escalate.
This is true even if you have a NY carry permit or pistol permit. Starting the conflict often removes your legal defense.
How to Get Your Carry Permit in NY
If you’re planning to carry in New York, you’ll need to apply for a pistol license and complete state-mandated training. Here are resources to help you apply based on your location:
- 🛂 Nassau County Pistol Permit: Step-by-Step Guide (2025)
- 🛂 Suffolk County Pistol Permit: How to Apply (2024–2025)
- 🛂 NYC Concealed Carry Permit: 2025 Application Process
Read the Law Yourself
Here’s a direct link to New York Penal Law Article 35, which explains the justifications for use of force in full legal terms.
We strongly recommend all permit holders read and understand it—it’s your responsibility under law.
Get Trained: NY’s Required 18-Hour Carry Course.
To carry legally in NY, you must complete a certified training course. Our New York 18-Hour Concealed Carry Training meets all state requirements and teaches:
- NY self-defense law
- Use of force scenarios
- Situational awareness
- Safe firearm handling
- Live fire qualification
This course is mandatory for all new concealed carry applicants—and smart for every gun owner.
Final Thoughts
Whether you hold a Nassau carry permit, Suffolk pistol license, NYC CCW, or any other gun license in New York, the law is clear:
✅ Your firearm is a last resort
✅ You must avoid deadly force unless absolutely necessary
✅ You must retreat if you can
✅ You cannot be the one who started the conflict
✅ You must fully understand what the law allows and forbids
Carry smart. Know the law. Stay out of prison—and stay alive.
⚠️ Legal Disclaimer
This article is for educational purposes only and does not constitute legal advice. Firearms laws are complex and subject to change. If you have legal questions about a specific situation, consult a qualified attorney licensed in New York State.
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