NY Assault Weapon Definition: One-Feature Test

New York Penal Law Section 265.00, subdivision 22 establishes the statutory definition of "assault weapon." The NY SAFE Act of 2013 replaced the prior two-feature test (enacted in 2000) with a stricter one-feature test, making New York's assault weapon definition one of the broadest in the nation.^[1]

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 features:^[2]

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 previous two-feature test, a semiautomatic rifle needed a detachable magazine plus two or more of these characteristics. The SAFE Act's reduction to a single feature dramatically expanded the range of prohibited rifles. For example, a standard AR-15-style rifle with a detachable magazine and a pistol grip -- legal under the old law if it had no other listed feature -- became an assault weapon under the new test.

Semiautomatic Pistols

A semiautomatic pistol is an assault weapon if it has the ability to accept a detachable magazine AND 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 a 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 encircling the barrel that permits the shooter to hold the weapon with the non-trigger hand without being burned
A manufactured weight of fifty ounces or more when unloaded
A semiautomatic version of an automatic pistol

Semiautomatic Shotguns

A semiautomatic shotgun is an assault weapon if it has at least one of the following features (no detachable magazine requirement for some criteria):

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

Named Models and Revolving Cylinder Shotguns

The definition also includes specific named weapons (carried over from the 2000 ban) and revolving cylinder shotguns. Any weapon listed by name remains an assault weapon regardless of its physical features.^[4]

Registration and Grandfathering

Assault weapons lawfully possessed before the SAFE Act's effective date of January 15, 2013 had to be registered with the New York State Police by April 15, 2014. Registered assault weapons may be retained by the registrant but cannot be transferred to another person within the state. Upon the owner's death, they must be transferred to a licensed dealer or removed from New York.^[5] Unregistered possession of an assault weapon is a Class D felony under PL 265.02(7), carrying a penalty of two to seven years in prison.

PL 265.00(22):
Assault Weapon Definition (One-Feature Test)