When the NY SAFE Act took effect on January 15, 2013, it redefined "assault weapon" using a stricter one-feature test and required owners of newly classified assault weapons to register them with the New York State Police[1]. The original registration deadline was April 15, 2014. This guide explains the current status of the registration system and the obligations of registered assault weapon owners.
Who Was Required to Register
Any New York resident who lawfully possessed a firearm that met the SAFE Act's expanded definition of "assault weapon" before January 15, 2013, was required to register it with the Division of State Police by April 15, 2014[2]. Registration was free of charge. Firearms that did not meet the new definition (i.e., those that were compliant under the one-feature test) did not need to be registered.
Penal Law Section 265.02(7) classifies possession of an assault weapon as criminal possession of a weapon in the third degree, a Class D felony.[3] For a person who possessed a newly classified weapon before the 2013 law and could continue to possess it upon registration, Penal Law Section 400.00 provides a narrower registration rule. A knowing failure to apply by the deadline is a Class A misdemeanor. An unknowing failure triggers a warning and a thirty-day opportunity to register or surrender the weapon before removal.[6]
How to Register
Registration was completed through the New York State Police. While the original deadline has passed, the registration process involved[4]:
- Completing the NYSP assault weapon registration form
- Providing the make, model, caliber, and serial number of each weapon
- Submitting the form to the Division of State Police (online, by mail, or in person at a Trooper station)
- Receiving confirmation of registration
For questions about registration, New Yorkers can call the SAFE Act hotline at 1-855-LAW-GUNS[5].
Recertification Every Five Years
Assault weapon registrants must recertify their registration with the Division of State Police every five years. Failure to recertify results in revocation of the registration.[6] A separate pistol or revolver license follows its own renewal or recertification schedule.
Restrictions on Registered Assault Weapons
Registering an assault weapon allows you to keep it, but the SAFE Act imposes significant restrictions on what you can do with it:
- No in-state transfers: A registered assault weapon cannot be sold, given, or otherwise transferred to any person within New York State, except to a licensed dealer or transferred out of state[7]
- Safe storage rules apply: Home storage is mandatory when a child under eighteen is present or resides there, or the owner or possessor resides with a prohibited person. A firearm, rifle, or shotgun left outside the owner's immediate possession or control in a vehicle must be unloaded, locked in an appropriate safe storage depository, and concealed from view.[6][8]
- Transport restrictions apply: Follow the possession, transport, and vehicle-storage rules that apply to the weapon, license, and destination.
What Happens Upon the Owner's Death
An executor, administrator, or other lawful possessor of a decedent's covered weapon may possess it for no more than fifteen days. If the weapon is not lawfully disposed of during that period, it must be delivered to an official authorized by Penal Law Section 265.20.[10] Lawful disposition options may include:
- Transferred to a licensed dealer within the state
- Sold or transferred to a person outside New York State
- Surrendered to law enforcement
- Rendered permanently inoperable
The weapon cannot be inherited by another New York resident for continued possession within the state.
Alternatives to Registration
If you currently own a firearm that qualifies as an assault weapon and it was not registered by the deadline, you have limited options:
- Modify it to comply: Remove all prohibited features to make it featureless, or convert it to a fixed-magazine configuration so it no longer meets the assault weapon definition. Once modified, the firearm is no longer an assault weapon and does not need to be registered.
- Sell it out of state: Transfer it to a person or dealer in a state where it is legal. The transfer must go through a licensed dealer with the appropriate interstate transfer procedures.
- Surrender it: Turn it in to law enforcement. Some jurisdictions periodically conduct gun buyback programs.
Consulting a New York firearms attorney is strongly recommended if you are in possession of an unregistered weapon that may qualify as an assault weapon. The penalties for possession of an unregistered assault weapon are severe, and the legal landscape continues to evolve[9].
See also: Assault Weapon Registration and Grandfathering
See also: PL 265.00(22): Assault Weapon Definition (One-Feature Test)
See also: SAFE Act Compliance: Building a Legal Rifle in New York