New York Penal Law Section 265.00(22) defines assault weapon through several separate categories. A feature that matters for one weapon type does not automatically classify every semiautomatic weapon. The rifle, pistol, and shotgun provisions, listed-weapon provision, and statutory exclusions must be read independently.[1]
Semiautomatic Rifles
The rifle feature test generally covers a semiautomatic rifle that can accept a detachable magazine and has at least one listed rifle feature. The listed features include a folding or telescoping stock, a prohibited grip configuration, a bayonet mount, a flash suppressor or related barrel feature, and a grenade launcher. The exact statutory language controls each feature.[1]
Semiautomatic Pistols
The pistol feature test separately addresses a semiautomatic pistol that can accept a detachable magazine and has at least one listed pistol feature. Those features are not identical to the rifle list. The statute also addresses semiautomatic pistols with a fixed magazine that can accept more than ten rounds.[1]
Semiautomatic Shotguns
The shotgun provision separately lists features such as a folding or telescoping stock and a thumbhole stock. The definition excludes a semiautomatic shotgun that cannot hold more than five rounds in either a fixed or detachable magazine. A listed shotgun feature cannot be evaluated without that capacity exclusion. The statute also separately includes a semiautomatic shotgun with a fixed magazine capable of holding more than seven rounds and a shotgun with a revolving cylinder.[1]
Listed Weapons and General Exclusions
The definition includes specified weapons, replicas, or duplicates in the manufactured configuration tied to Appendix A to 18 U.S.C. Section 922 as of October 1, 1993. It is too broad to say that a model name controls regardless of physical configuration. Section 265.00(22) also excludes manually operated weapons, permanently inoperable weapons, antique firearms, and other defined categories.[1]
Registration and Transfer
A person who lawfully possessed a covered assault weapon before the statutory cutoff was required to apply for registration by January 15, 2014. Registered weapons remain subject to recertification and disposition rules. A registered assault weapon may be sold, exchanged, or disposed of to an authorized purchaser who may lawfully possess it, or transferred outside New York. The law does not impose an absolute ban on every in-state transfer.[2]
Practical Classification Checklist
- Identify whether the item is a rifle, pistol, or shotgun under New York definitions.
- Confirm whether it is semiautomatic.
- Determine whether the relevant magazine is detachable or fixed and record its capacity.
- Apply only the feature list for that weapon type.
- Check listed-weapon language and every statutory exclusion.
- Evaluate registration, possession, and transfer rules separately.