Overview of the Assault Weapon Ban
The New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 fundamentally reshaped how the state defines and regulates assault weapons. Signed into law on January 15, 2013, the SAFE Act replaced the prior two-feature test -- which had been in effect since 2000 -- with a far more restrictive one-feature test.[1] Under the current framework, codified in Penal Law Section 265.00(22), a semiautomatic firearm that accepts a detachable magazine and possesses even a single prohibited feature qualifies as an assault weapon.[2]
Semiautomatic Rifles
A semiautomatic rifle is classified as an assault weapon if it has the ability to accept a detachable magazine and possesses at least one of the following characteristics:[3]
- A folding or telescoping stock
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- A thumbhole stock
- A second handgrip or a protruding grip that can be held by the non-trigger hand
- A bayonet mount
- A flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle brake, or muzzle compensator
- A grenade launcher
Under the prior two-feature test, a semiautomatic rifle had to possess two or more of these characteristics to be classified as an assault weapon. The SAFE Act's one-feature test means that a rifle with a detachable magazine and a single telescoping stock, for example, now falls within the statutory definition.[4]
Semiautomatic Pistols
A semiautomatic pistol is classified as an assault weapon if it has the ability to accept a detachable magazine and possesses at least one of the following:[3]
- A folding or telescoping stock
- A thumbhole stock
- A second handgrip or protruding grip for the non-trigger hand
- Capacity to accept an ammunition magazine that attaches outside the pistol grip
- A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer
- A shroud attached to or partially encircling the barrel that permits the shooter to hold the firearm with the non-trigger hand without being burned
- A manufactured weight of fifty ounces or more when unloaded
- A semiautomatic version of an automatic rifle, shotgun, or firearm
Semiautomatic Shotguns
Semiautomatic shotguns are assault weapons if they possess at least one of the following features:[2]
- A folding or telescoping stock
- A thumbhole stock
- A second handgrip or protruding grip for the non-trigger hand
- A fixed magazine capacity exceeding seven rounds
- An ability to accept a detachable magazine
The definition also encompasses revolving cylinder shotguns, regardless of other features.[3]
Prohibitions and Penalties
Under Penal Law Section 265.02(7), criminal possession of an assault weapon is a Class D felony, punishable by a determinate sentence of two to seven years in state prison.[5] The manufacture, transport, or disposition of an assault weapon also constitutes a criminal offense under PL 265.10.[6]
It is unlawful to sell, offer for sale, transfer, or possess an assault weapon in New York unless the weapon was lawfully possessed before January 15, 2013, and was properly registered with the New York State Police by the April 15, 2014 deadline.[7] Failure to register a pre-existing assault weapon by the deadline is itself a Class A misdemeanor.
Exemptions
Certain categories of persons are exempt from the assault weapon prohibition under PL 265.20. These include active-duty law enforcement officers, members of the military, licensed gunsmiths acting in the course of business, and authorized firearms dealers.[8] No civilian exemption exists for newly acquired assault weapons; firearms meeting the current definition cannot be purchased, imported, or transferred to non-exempt individuals within the state.
Ongoing Litigation
The SAFE Act's assault weapon provisions have faced multiple legal challenges since 2013. In 2015, the Second Circuit upheld the core assault weapon ban in NYSRPA v. Cuomo. Following the Supreme Court's 2022 decision in NYSRPA v. Bruen, which established a new historical-tradition framework for evaluating firearms regulations, additional challenges have been filed. As of March 2026, the assault weapon ban remains in full effect, though litigation continues in lower federal courts.[9]
See also: Large Capacity Magazine Ban (10-Round Limit)
MEAN LLC Settlement: Enforcement Precedent (February 2026)
In February 2026, Attorney General James announced a $1.75 million settlement with MEAN LLC (Mean Arms), manufacturer of the MA Lock magazine lock device used by the Buffalo Tops shooter. Mean Arms is permanently banned from selling the MA Lock in New York. This is the first enforcement action using existing law to hold a manufacturer accountable for a device marketed as compliant but used to circumvent the assault weapon ban.