Overview
Beyond the SAFE Act's assault weapon ban and the restrictions on ghost guns and rapid-fire devices, New York Penal Law Article 265 categorically prohibits several additional classes of weapons. Short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, and firearm silencers (suppressors) are all illegal to possess in New York, with no civilian registration or permitting pathway available.[1] Unlike some states that permit these items when registered under the federal National Firearms Act (NFA), New York does not recognize NFA registration as a basis for lawful possession.
Short-Barreled Rifles (SBRs)
Under PL 265.00(3), the term "firearm" includes any rifle with one or more barrels less than sixteen inches in length. This means that a rifle with a barrel shorter than 16 inches is classified as a "firearm" under New York law and requires a pistol permit for lawful possession -- but because no licensing authority issues pistol permits for rifles, short-barreled rifles are effectively banned for civilian use.[2]
Possession of a short-barreled rifle without a license constitutes criminal possession of a weapon. If the weapon is loaded, the charge is criminal possession of a weapon in the second degree under PL 265.03, a Class C violent felony carrying a mandatory minimum sentence of 3.5 years and a maximum of 15 years in state prison.[3]
Federal Brace Reclassification Does Not Affect New York Law
On April 29, 2026, the President issued Executive Order 14206 directing ATF to review and revise federal firearms regulations.[9] As part of the resulting reform package, ATF moved to rescind its 2023 pistol brace rule, which had reclassified many pistol-brace-equipped firearms as short-barreled rifles under federal law. If finalized, the rescission would mean that pistol-brace-equipped firearms configured as pistols are not federally regulated as NFA short-barreled rifles when they meet applicable criteria. However, this federal change has no effect on New York law. New York's definition of a short-barreled rifle under PL 265.00(3) is an independent state standard based solely on barrel length (less than 16 inches) and overall length (less than 26 inches), without reference to ATF classifications or NFA registration. A pistol-brace-equipped firearm that would have been an SBR under the 2023 ATF rule remains subject to the same New York analysis it always was: if the barrel is under 16 inches or the overall length is under 26 inches, it falls within New York's firearm definition and civilian possession is prohibited regardless of federal classification.
The same logic applies to the rest of the EO 14206 reform package, including ATF's May 6, 2026 final rule (FR Doc 2026-08926) that removes bump-stock language from the three regulatory definitions of "machine gun" in 27 CFR 478.11, 479.11, and Part 447, conforming federal regulations to Garland v. Cargill, 602 U.S. 406 (2024).[10] New York's prohibitions on machine guns under PL 265.02(2) and on rapid-fire modification devices under PL 265.01-c are independent of the NFA and of ATF rulemaking. Federal classification of an item as a "machinegun" or as an NFA-regulated firearm is not a precondition for prosecution under New York law, and federal de-regulation of an item does not legalize possession in New York.
Short-Barreled Shotguns (SBSs)
PL 265.00(3) similarly classifies any shotgun with one or more barrels less than eighteen inches in length as a "firearm." The same licensing impossibility that applies to SBRs applies to short-barreled shotguns: they are categorized as firearms requiring a pistol permit, but no such permit is available for shotguns.[2]
Additionally, any firearm or weapon that is an altered shotgun or rifle with an overall length of less than twenty-six inches falls within the "firearm" definition and is subject to the same prohibitions and penalties.[4]
Machine Guns
Machine guns are explicitly prohibited under PL 265.02(2), which makes it a crime to knowingly possess any "machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use." Criminal possession of a machine gun is a Class D felony, carrying a sentence of two to seven years in state prison.[5]
PL 265.00(1) defines "machine-gun" as a weapon of any description, irrespective of size, by whatever name known, 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. The definition also includes a weapon loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine by a single function of the firing device.[4]
If the machine gun is loaded, possession may be charged as criminal possession of a weapon in the second degree under PL 265.03, a Class C violent felony with a mandatory minimum of 3.5 years and a maximum of 15 years.[3]
Firearm Silencers (Suppressors)
PL 265.00(2) defines "firearm silencer" as any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to lessen or muffle the noise of firing.[2] Possession of a firearm silencer is charged under PL 265.02(2) as criminal possession of a weapon in the third degree, a Class D felony punishable by two to seven years in state prison.[5]
New York does not recognize federal NFA registration of suppressors. Even if an individual has lawfully registered a suppressor with the ATF and paid the required $200 tax, possession of that suppressor in New York remains a state felony. This places New York among a small group of states that prohibit suppressors entirely.[6]
Additional Prohibited Items
Article 265 also prohibits several other categories of weapons, including:[7]
- Disguised guns: Firearms made to look like non-weapons (e.g., pen guns, cane guns)
- Gravity knives, switchblade knives, and other prohibited edged weapons (though the gravity knife prohibition was repealed in 2019)
- Body armor: Since 2022, the purchase of body vests has been restricted to persons in eligible professions, including law enforcement, military, and certain security personnel
Exemptions
PL 265.20 provides narrow exemptions from these prohibitions for law enforcement officers, military personnel, and persons authorized by statute. Licensed gunsmiths and dealers may possess prohibited weapons in the course of their business for purposes of repair, lawful disposition, or transfer to exempt persons. No civilian exemption exists for possession of machine guns, suppressors, SBRs, or SBSs for recreational or self-defense purposes.[8]