New York Firearms Definitions Under PL 265.00

New York Penal Law Section 265.00 is the definitional backbone of the state's firearms regulatory framework. Every criminal possession statute, licensing requirement, and weapons prohibition in Article 265 relies on the terms defined in this section.^[1] Understanding these definitions is essential for compliance because a single term -- such as "firearm" versus "rifle" -- can determine whether possession requires a license, triggers a felony charge, or falls outside regulation entirely.

Core Weapon Classifications

Section 265.00 draws careful distinctions among weapon types. A "firearm" is defined as (a) a pistol or revolver, (b) a short-barreled shotgun (barrel under 18 inches), (c) a short-barreled rifle (barrel under 16 inches), (d) any weapon made from a rifle or shotgun that has been modified to an overall length of less than 26 inches, (e) an assault weapon as defined in subdivision 22, and (f) any other weapon containing a fire control component designed to expel a projectile by action of an explosive.^[2] The inclusion of "assault weapon" in the statutory definition of "firearm" is legally significant: it means all assault weapons require a license for mere possession, independent of the felony possession charges under PL 265.02(7). A "rifle" is a weapon designed to be fired from the shoulder, using a rifled bore to fire a single projectile for each trigger pull. A "shotgun" is similarly shoulder-fired but uses a smooth bore. Neither rifles nor shotguns require a license for possession outside New York City (though a semiautomatic rifle license is required statewide for purchase since September 4, 2022).

Machine Gun and Silencer

A "machine-gun" is defined as any weapon from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger, including sub-machine guns.^[3] A "firearm silencer" includes any instrument, attachment, or appliance designed to lessen or muffle the noise of firing a gun. Both are prohibited for civilian possession under New York law, with no state-level exceptions for licensed ownership (unlike many other states).

Assault Weapon and Large Capacity Definitions

Subdivision 22 defines "assault weapon" using the one-feature test introduced by the NY SAFE Act of 2013. Subdivision 23 defines "large capacity ammunition feeding device" as any magazine, belt, drum, or similar device with a capacity exceeding ten rounds.^[4] These two definitions are covered in detail in their own dedicated articles below, but they originate in Section 265.00 and govern the felony-level possession offenses in Sections 265.02(7) and 265.02(8).

Ghost Gun and Rapid-Fire Modification Device

Amendments enacted in 2022 added definitions for "ghost gun" and related terms. An unserialized firearm, an unserialized rifle or shotgun, or an unserialized unfinished frame or receiver now falls within the scope of Section 265.00.^[5] The Jose Webster Untraceable Firearms Act established that possessing an unserialized completed weapon is a Class A misdemeanor under PL 265.01(9). The term "rapid-fire modification device" was added by a 2019 amendment and covers bump stocks, trigger cranks, binary trigger systems, burst trigger systems, and any other device designed to increase the rate of fire of a semiautomatic weapon. Possession is criminalized under PL 265.01-c.

Practical Significance

The definitions in Section 265.00 determine which regulatory tier applies to a given weapon. A standard rifle can be possessed without a license (outside NYC). A "firearm" (pistol, revolver, or short-barreled long gun) requires a license. An "assault weapon" triggers a felony possession charge unless registered before the SAFE Act deadline. Understanding these distinctions is not merely academic -- the classification of a weapon under Section 265.00 directly determines whether its owner faces no legal restriction, a licensing requirement, or criminal prosecution.^[1]

PL 265.00:
Firearms Definitions