Legislative Background
New York enacted its ban on rapid-fire modification devices in 2019, in direct response to the October 2017 mass shooting in Las Vegas, where the gunman used bump stocks to dramatically increase the rate of fire of semiautomatic rifles.[1] The resulting statute, codified as Penal Law Section 265.01-c, went beyond the federal bump stock ban by encompassing a broader range of devices designed to accelerate the rate of fire of semiautomatic weapons.[2]
Definition of Rapid-Fire Modification Device
Penal Law Section 265.00 defines "rapid-fire modification device" as any of the following:[3]
- Bump stock: Any device that, when attached to a semiautomatic firearm, increases the rate of fire of that firearm by using the energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger
- Trigger crank: A device that attaches to the trigger of a semiautomatic firearm and, by use of a hand crank, increases the rate of fire of the firearm
- Binary trigger system: Any device that, when installed in or attached to a semiautomatic firearm, causes the weapon to fire once when the trigger is pulled and again when the trigger is released
- Burst trigger system: Any device that, when installed in or attached to a semiautomatic firearm, allows the weapon to fire two or more rounds with a single pull of the trigger
- Pistol converter: Any device that, when attached to a semiautomatic pistol, causes the weapon to fire automatically. Commonly known as "Glock switches" or "auto-sears," pistol converters were formally added to this definition by S.744/A.436 (Ch. 115), signed by Governor Hochul on April 3, 2025, as a chapter amendment to the original 2024 rapid-fire modification device legislation (L.2024, C.429).[7]
- Any other device: Any device that is designed and intended to accelerate the rate of fire of a semiautomatic rifle, shotgun, or firearm
The catch-all provision ("any other device") gives the statute broad reach, covering not only currently known devices but also any future technology designed to increase fire rates.[2]
The Criminal Offense
Under PL 265.01-c, a person is guilty of criminal possession of a rapid-fire modification device when he or she knowingly possesses any rapid-fire modification device. The offense does not require that the device be attached to a firearm; mere possession of the device itself is sufficient for prosecution.[3]
Penalties
Criminal possession of a rapid-fire modification device is a Class A misdemeanor, punishable by up to one year in jail, up to three years of probation, and/or a fine.[4]
The sale, exchange, giving, or disposing of a rapid-fire modification device is elevated to a Class E felony under PL 265.10, punishable by up to four years in state prison. This higher penalty for sale reflects the legislature's intent to target the supply chain and commercial distribution of these devices rather than solely end-user possession.[2]
Exemptions
PL 265.20 provides limited exemptions from the prohibition. Exempt persons include law enforcement officers acting in the line of duty, military personnel, and licensed firearms dealers who possess these devices solely for the purpose of surrendering them to law enforcement or transporting them out of state in compliance with applicable law.[5]
Relationship to Federal Law
The federal bump stock ban, enacted through ATF rulemaking in 2019, was struck down by the U.S. Supreme Court in Garland v. Cargill, 602 U.S. 406 (2024), which held that bump stocks do not convert semiautomatic rifles into machine guns under the federal National Firearms Act.[6] However, this decision had no effect on New York's state-level ban, which is based on an independent statutory definition rather than the federal National Firearms Act.
On April 29, 2026, the President issued Executive Order 14206 directing ATF to review and revise federal firearms regulations. As part of the resulting reform package, ATF issued a final rule effective May 6, 2026 (FR Doc 2026-08926) that conformed 27 CFR 478.11, 479.11, and Part 447 to Cargill by removing bump-stock language from the three regulatory definitions of "machine gun." Bump stocks are no longer regulated as machine guns under federal law.[8] That federal de-regulation does not affect New York. PL 265.01-c independently bans bump stocks and the broader category of rapid-fire modification devices set out above. Possession in New York remains a Class A misdemeanor and sale a Class E felony, unchanged by federal developments.[2]