New York requires a semiautomatic rifle license and a minimum age of 21 to purchase or take ownership of any semiautomatic rifle. This article covers the licensing process, eligibility criteria, training requirements, and what qualifies as a semiautomatic rifle under state law.
Overview
New York enacted Senate Bill S9458 as part of the Concealed Carry Improvement Act (CCIA) package in 2022, creating a new licensing requirement for the purchase or possession of semiautomatic rifles.[1] Effective September 4, 2022, any person seeking to purchase or take possession of a semiautomatic rifle must first obtain a license and must be at least 21 years of age.[2] This law made New York one of the first states in the nation to require a permit specifically for semiautomatic rifle purchases.
Age Requirement
The minimum age to purchase or take possession of a semiautomatic rifle in New York is 21.[2] This is higher than the federal minimum age of 18 for rifle purchases. The only exception to the age requirement is for individuals who have been honorably discharged from the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or the National Guard of the State of New York.[3]
Persons aged 18 to 20 may still purchase non-semiautomatic long guns, including bolt-action rifles, pump-action rifles, lever-action rifles, single-shot rifles, and most shotguns, without a license.[2]
License Application Process
The semiautomatic rifle license application is filed with the county licensing officer, which is typically the county court judge or county clerk outside of New York City.[3] Within New York City, the application is processed by the NYPD License Division.[4]
Applicants must meet the following eligibility criteria:
- Be at least 21 years of age (or an honorably discharged veteran)
- Demonstrate "good moral character" with the essential character, temperament, and judgment necessary to be entrusted with a weapon[3]
- Have no felony or serious offense convictions
- Not be a fugitive from justice
- Not be an unlawful user of or addicted to controlled substances
- Have no involuntary commitment to a mental health facility
Training Requirement
Applicants for a semiautomatic rifle license must complete a firearms safety training course that meets the minimum standards established by the Division of Criminal Justice Services (DCJS) and the New York State Police.[5] The training includes instruction on safe storage, conflict de-escalation, suicide prevention, and the lawful use of deadly force.
Grandfathering Provision
Individuals who lawfully possessed semiautomatic rifles before September 4, 2022 are not required to obtain a license to continue possessing those firearms.[1] The license requirement applies only to new purchases or transfers of ownership occurring on or after the effective date. However, any subsequent transfer of a grandfathered semiautomatic rifle to a new owner requires that the new owner hold a valid license.
Recertification
Semiautomatic rifle licenses must be recertified every five years with the New York State Police.[1] Failure to recertify may result in the license being deemed expired, which would prohibit the holder from making new semiautomatic rifle purchases until the license is renewed.
What Qualifies as a Semiautomatic Rifle
A semiautomatic rifle is any rifle that uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, requiring a separate pull of the trigger for each shot. This includes popular platforms such as AR-15-style rifles, Ruger Mini-14s, and many other common sporting and hunting rifles. Bolt-action, pump-action, lever-action, and single-shot rifles are not semiautomatic and are not subject to this licensing requirement.[2]
It is important to note that the semiautomatic rifle license is separate from New York's assault weapon ban under the SAFE Act. A semiautomatic rifle that meets the SAFE Act's definition of an assault weapon is prohibited regardless of whether the buyer holds a semiautomatic rifle license.
Criminal Penalties
The law establishes the crimes of criminal purchase of a semiautomatic rifle (purchasing without a license) and criminal sale of a semiautomatic rifle (selling to a person who does not hold a license).[1] Both offenses carry criminal penalties under the Penal Law. Dealers who sell a semiautomatic rifle to a buyer without verifying that the buyer holds a valid license may also face sanctions, including potential loss of their dealer license.