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Pistol Converters and Auto-Sears in New York

PenaltiesRapid-Fire Device

New York Penal Law defines a pistol converter as a device that, when installed in or attached to the rear of the slide of a semiautomatic pistol, replaces the backplate and interferes with the trigger mechanism, enabling rapid or automatic fire with one continuous trigger pull. Pistol converters are included in the broader definition of a rapid-fire modification device.[1]

Current New York Offenses

Knowing possession of any rapid-fire modification device is criminal possession of a rapid-fire modification device under Section 265.01-c, a Class A misdemeanor. Penal Law Section 70.15 sets the maximum jail term for a Class A misdemeanor at 364 days.[2][3]

Section 265.10 separately makes specified conduct involving a rapid-fire modification device a Class E felony. The covered conduct includes manufacturing or causing one to be manufactured, transporting or shipping one, and disposing of one. Section 265.00 defines "dispose of" broadly to include giving, lending, offering for sale, selling, transferring, and other forms of disposal. A Class E felony has a maximum indeterminate term of four years under Section 70.00, although the sentence in a case depends on the applicable sentencing provisions.[4][5]

How the Current Definition Developed

Chapter 429 of the Laws of 2024 defined "pistol converter" and added reasonable steps to prevent installation and use of a converter to the statutory meaning of reasonable controls and procedures for gun industry members. Chapter 115 of the Laws of 2025 added pistol converters to New York's rapid-fire modification device definition. These enacted measures, rather than the separate S9225 proposal concerning convertible pistols, establish the current state rules described here.[6][7]

Gun Industry Controls

General Business Law Section 898-a defines reasonable controls and procedures for gun industry members. The definition includes taking reasonable steps to prevent installation and use of a pistol converter on qualified products. It does not create a simple promise that every handgun must be impossible to convert. The governing duties and any enforcement question must be evaluated under the full Article 39-DDDD framework.[8]

Federal Law

ATF treats a machine-gun conversion device as a machine gun under federal law even when the device is not installed in a firearm. Federal law provides a prison sentence of up to ten years for knowingly possessing a machine gun in violation of 18 U.S.C. Section 922(o). Federal classification and New York's rapid-fire-device offenses operate independently, so the same conduct can implicate both systems.[9]

Changes Effective August 25, 2026

Chapter 55 of the Laws of 2026 amended Penal Law Section 265.00 effective August 25, 2026. The machine-gun definition now includes a convertible pistol equipped with a pistol converter. The amended text narrows the pistol-converter definition to a device that replaces the backplate at the rear of the slide and includes a definition of "convertible pistol." These definitions are in effect.[1]

Verification

9 of 9 factual claims on this page were matched to their source text as of 2026-10-16.

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Factual claims on this page and their verification status
ClaimTypeStatusSourceChecked
Section 265.01-cSource text: # § 265.01-c Criminal possession of a rapid-fire modification device A person is guilty of criminal possession of a rapid-fire modification device when he or sSTATverified against sourceNone2026-10-16
Penal Law Section 70.15Source text: # § 70.15 Sentences of imprisonment for misdemeanors and violation 1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a defiSTATverified against sourceNone2026-10-16
Section 265.10Source text: # § 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances and dangerous instruments and appliances. 1. STATverified against sourceNone2026-10-16
Section 265.00Source text: # § 265.00 Definitions As used in this article and in article four hundred, the following terms shall mean and include: 1. "Machine-gun" means a weapon of any STATverified against sourceNone2026-10-16
Section 70.00Source text: # § 70.00 Sentence of imprisonment for felony * 1. Indeterminate sentence. Except as provided in subdivisions four, five and six of this section or section 70.STATverified against sourceNone2026-10-16
S9225Source text: # S9225 (2025-2026 session): Enacts the New York Farm Distillery RTD Excise Tax Bill Sponsor: Mario Mattera Status: In Senate Committee (2026-02-18) Law sectiBILLverified against sourceNone2026-10-16
General Business Law Section 898-aSource text: # § 898-a Definitions terms shall have the following meanings: 1. "Unfair, deceptive, or abusive acts or practices" shall have the same meaning as defined in aSTATverified against sourceNone2026-10-16
18 U.S.C. Section 922(o)Source text: ## (o) (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2) This subsection does not apply wiSTATverified against sourceNone2026-10-16
Penal Law Section 265.00Source text: # § 265.00 Definitions As used in this article and in article four hundred, the following terms shall mean and include: 1. "Machine-gun" means a weapon of any STATverified against sourceNone2026-10-16