Semiautomatic Rifle Purchase Requirements (Age 21+)

New York generally requires a semiautomatic rifle license to purchase or take ownership of a semiautomatic rifle. The minimum licensing age is 21 unless honorably discharged from the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or the New York National Guard. 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 Chapter 212 of the Laws of 2022 on June 6, 2022, creating a licensing requirement for purchasing or taking ownership of a semiautomatic rifle.^[1] Effective September 4, 2022, a license is generally required to purchase or take ownership of a semiautomatic rifle. Applicants must be at least 21 years of age unless honorably discharged from the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or the New York National Guard.^[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 licensing age to purchase or take ownership of a semiautomatic rifle in New York is generally 21.^[2] Federal law prohibits licensed dealers from selling or delivering a rifle to a person they know or have reasonable cause to believe is under 18. 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 who are otherwise eligible may purchase non-semiautomatic long guns, including bolt-action rifles, pump-action rifles, lever-action rifles, single-shot rifles, and most shotguns, without a state semiautomatic rifle license. New York City generally requires a rifle/shotgun permit.^[2]

License Application Process

The semiautomatic rifle license application is filed with the licensing officer in the city or county, as applicable, where the applicant resides, is principally employed, or has a principal place of business as a merchant or storekeeper.^[3] Within New York City, rifle/shotgun permit applications are 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 facility under the jurisdiction of an office of the Department of Mental Hygiene under Mental Hygiene Law Article 9 or 15, Criminal Procedure Law Article 730 or CPL Section 330.20 or substantially similar laws of another state, Correction Law Section 402 or 508, or Family Court Act Section 322.2 or 353.4

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 to the applicable licensing officer every five years following issuance.^[1] Failure to renew is a violation punishable by a fine of up to $250 and must be considered by the licensing officer when reviewing future license applications by the license holder.

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.