New York Penal Law Section 265.00(22) does not use one universal test for every semiautomatic firearm. It defines assault weapons through separate provisions for semiautomatic rifles, semiautomatic pistols, semiautomatic shotguns, specified listed weapons, and revolving-cylinder shotguns. The full definition and exclusions must be applied to the particular item.[1]
Separate Feature Tests
- Semiautomatic rifles: The rifle provision generally requires the ability to accept a detachable magazine plus at least one listed rifle feature.
- Semiautomatic pistols: The pistol provision uses its own detachable-magazine and feature criteria.
- Semiautomatic shotguns: The shotgun provision has a separate feature list. The definition excludes a semiautomatic shotgun that cannot hold more than five rounds in either a fixed or detachable magazine.
- Other categories: The statute separately addresses revolving-cylinder shotguns and specified listed weapons or qualifying replicas or duplicates in the manufactured configuration described by the statute.
A statement that any semiautomatic firearm with a detachable magazine and one feature is an assault weapon is therefore overbroad. The weapon type and every required element and exclusion matter.[1]
Possession and Other Conduct
Section 265.02(7) makes knowing possession of an assault weapon criminal possession of a weapon in the third degree, a Class D felony, subject to applicable exemptions and other statutory provisions. Section 265.10 separately regulates specified manufacture, transport, disposition, and related conduct. The exact offense and sentence depend on the conduct and applicable law.[2][3]
Registration and Transfer
People who lawfully possessed covered assault weapons before the SAFE Act cutoff were required to apply for registration by January 15, 2014 and remain subject to the statute's recertification and disposition rules. A registered assault weapon may be transferred to an authorized purchaser who may lawfully possess it or transferred outside New York. It is inaccurate to say that every in-state transfer is prohibited without acknowledging the authorized-purchaser provision.[4]
Exemptions
Section 265.20 contains defined exemptions, including specified military and law-enforcement circumstances. Its general licensed gunsmith and dealer paragraph expressly states that the firearm covered by that paragraph does not include an assault weapon or disguised gun. A dealer or gunsmith license should not be described as a blanket assault-weapon exemption.[5]
Practical Rule
Classify the exact weapon under every applicable part of Section 265.00(22), including its operating action, magazine configuration, features, capacity, listed status, manufactured configuration, and exclusions. Then apply the possession, registration, transfer, and exemption provisions separately.