New York Penal Law uses its own definitions and offense elements for short-barreled rifles, short-barreled shotguns, machine guns, and firearm silencers. Federal classification or registration does not replace New York law. The exact state offense depends on the item, whether a firearm is loaded, the person's intent, the place of possession, and any statutory exemption.[1]
Short-Barreled Rifles and Shotguns
New York's definition of "firearm" includes a rifle with one or more barrels less than sixteen inches and a shotgun with one or more barrels less than eighteen inches. It separately includes a weapon made from a rifle or shotgun when the altered weapon has an overall length of less than twenty-six inches. These are alternative parts of the definition. A barrel below the applicable threshold and an overall length below twenty-six inches are not both required.[1]
Because these weapons are "firearms" under New York law, their possession can implicate Article 265 firearm offenses. Section 265.03, for example, covers specified possession of a loaded firearm and is a Class C felony. An unloaded firearm can fall under different provisions depending on the person's record and accompanying conduct. It is more accurate to apply the particular offense elements than to assign one automatic charge or sentence to every short-barreled weapon.[2][3]
Machine Guns
Section 265.00 defines a machine gun as a weapon, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger. Section 265.02(2) covers possession of a machine gun or another firearm or weapon that simulates a machine gun and is adaptable for that use. The text of subdivision 2 does not add the express "knowingly possesses" wording that appears in subdivision 3. Section 265.02 is a Class D felony.[1][3]
Section 265.03(1)(a) separately covers possession of a machine gun with intent to use it unlawfully against another. That offense is a Class C felony. A machine gun should not be described as automatically producing the same charge merely because it is loaded. The intent and other statutory elements matter.[2]
Firearm Silencers
A firearm silencer is an instrument, attachment, weapon, or appliance for making firearm discharge silent or for lessening or muffling its sound. Possession of a firearm silencer appears in Section 265.02(2), making the offense criminal possession of a weapon in the third degree, a Class D felony. The sentence imposed is governed by the applicable Article 70 rules and should not be reduced to one automatic prison range.[1][3][4]
Federal Law Does Not Override New York Law
Some of these items are also regulated under federal law. Compliance with federal registration, taxation, licensing, or classification requirements does not create an exemption from New York Penal Law. Conversely, a federal regulatory change does not by itself amend New York's definitions or offenses. Executive Order 14206 was issued on February 7, 2025 and directed the Attorney General to review federal actions and propose a plan. It did not amend New York law or itself direct ATF to legalize these weapons.[5]
Statutory Exemptions
Section 265.20 contains exemptions for specified people and conduct, including authorized military and law-enforcement activity, certain official duties, voluntary surrender, and defined dealer or gunsmith activity. The exemptions are detailed and item-specific. A person should not assume that a federal license, employment in the firearms industry, or lawful possession in another state creates a New York exemption.[6]
Practical Rule
Do not bring, build, possess, or transfer one of these items in New York based only on federal approval or another state's law. Confirm the exact New York definition, offense provision, and exemption before acting.