Cameron Miranda
New York has strict gun laws, requiring a license to own or possess a pistol or handgun, and permits to purchase semi-automatic rifles. All firearms must comply with the NY SAFE Act, which bans assault weapons. Law enforcement is exempt from some of these laws. Short-barreled shotguns are banned in New York, including the Mossberg 509 Shockwave, which is considered an other gun and not a shotgun due to its lack of stock.
| Characteristics | Values |
|---|---|
| Law enforcement officers aged 18-21 in New York | Can purchase handguns |
| New York state law on owning/possessing shotguns | No license required |
| New York state law on owning/possessing pistols | A permit is required |
| New York state law on purchasing semi-automatic rifles | A permit is required |
| New York state law on possessing semi-automatic rifles | No permit required |
| New York state law on firearms | Must comply with the NY SAFE Act |
| Law enforcement officers and the NY SAFE Act | Partially exempt from the law |
| New York state law on short-barrelled shotguns | Sale and possession banned |
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What You'll Learn
Law enforcement officers under 21 can buy handguns
In New York, individuals who are between the ages of 18 and 21 can only purchase handguns if they are current or honorably discharged members of the armed forces or law enforcement officers. In New York City, only those 21 or older can purchase or own a firearm with a permit or license issued by the NYPD. In the rest of the state, adults 21 or older can purchase or possess a handgun with the proper licensing requirements.
Federal law prohibits the possession of a handgun by any person under the age of 18. However, a person between the ages of 18 and 21 may acquire a handgun from an unlicensed individual who resides in the same state, provided they are not prohibited from receiving or possessing firearms under federal law. Licensed firearms dealers are not allowed to sell or deliver handguns to anyone under 21.
A federal appeals court ruled in July 2021 that the existing minimum age requirement of 21 years old for purchases from federally licensed gun dealers restricts the rights of law-abiding citizens. The ruling, which may be appealed, finds that 18-year-olds possess a Second Amendment right to gun ownership.
In New York, a permit is required to own or possess a pistol, and all firearms must comply with the NY SAFE Act, which bans assault weapons. Law enforcement is partially exempt from this law.
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Short-barrelled shotguns are banned in New York
New York has strict gun laws, and short-barrelled shotguns are banned in the state. This includes non-NFA short-barrelled shotguns, such as the Mossberg 590 Shockwave, and any firearm classified by the ATF as an "other". The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) had previously ruled that firearms without stocks affixed and sold with pistol grips only were not legally shotguns, and therefore did not have to meet minimum barrel length requirements. However, New York's new law expands the definition of a 'firearm' to include weapons not defined in the Penal Law that are designed or can be readily converted to expel a projectile by the action of an explosive. This closes the 'other gun' loophole and captures firearms modified to be shot from an arm brace.
In New York City, only those aged 21 or over can purchase or own a firearm with a permit or license issued by the NYPD. In the rest of the state, adults aged 18 or over can purchase long guns (rifles and shotguns) without a permit, and only those aged 21 or over can purchase or possess a handgun with the proper licensing requirements. Those between the ages of 18 and 21 can purchase handguns if they are current or honorably discharged members of the armed forces or law enforcement officers.
New York state law does not require a license to own or possess shotguns or manually operated action rifles, but a permit is needed to possess or own a pistol. A permit is also required to purchase all semi-automatic rifles, but not to possess them. All firearms must comply with the NY SAFE Act, which bans firearms defined as assault weapons, unless they were registered before the ban came into force. Law enforcement is partially exempt from this law.
New York prohibits private ownership of machine guns and silencers. All semi-automatic short-barrelled rifles, semi-automatic shotguns, and semi-automatic AOW firearms are banned under New York's assault weapons ban. Short-barrelled rifles and shotguns are not specifically mentioned in the New York penal code, but all SBR and SBS firearms are believed to be prohibited under the state's restrictive handgun laws.
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The ATF's ruling on minimum barrel length requirements
The ATF has outlined specific criteria for the classification and legal status of firearms, including minimum barrel length requirements. These regulations are designed to prevent the circumvention of bans on handguns and to address concerns about concealment for illegal purposes.
According to ATF guidelines, a “short-barrelled rifle” broadly refers to any rifle with a barrel shorter than 16 inches. The ATF's Firearms Guide provides clarity on the identification of firearms, stating that a barrel length of less than 16 inches or an overall length of less than 26 inches are key factors in classifying a weapon as a "short-barrelled rifle". The guide also mentions that a "sawed-off shotgun" is often mistakenly referred to when a shotgun has a barrel less than 18 inches long and/or an overall length of less than 26 inches. However, it clarifies that the overall length is the determining factor in such cases.
The ATF's regulations on short-barrelled rifles and shotguns are rooted in the National Firearms Act of 1934, which aimed to restrict specific types of weapons, including short-barrelled shotguns, suppressors, and machine guns. These laws were further tightened in the 1930s by British, American, and Canadian lawmakers who sought to curb the proliferation of concealable weapons.
In addition to the ATF's guidelines, state laws in New York also regulate the possession and purchase of firearms, including shotguns and rifles. While New York state law does not require a license to own or possess manually operated action rifles or shotguns, it mandates a permit for purchasing and owning handguns and semi-automatic rifles. The NY SAFE Act bans assault weapons, but law enforcement officers are partially exempt from this legislation.
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New York's extensive and restrictive handgun laws
New York has some of the most restrictive gun laws in the country. The state's gun laws are covered in two sections of New York Penal Law: Article 265, which deals with firearms and other dangerous weapons, and Article 400, which covers licensing and other provisions related to firearms.
The laws ban the possession of handguns, except for those with a valid pistol license or another exemption. Pistol licenses are generally of two types: "carry" or "premises-only". The latter is the most common license issued in NYC and is meant to be "Shall-Issue". Various restrictions can be placed on these licenses. For example, a handgun license holder may only carry their weapon while hunting or travelling to and from a target range.
In New York City, only those 21 or older can purchase or own a firearm, and they must have a permit or license issued by the NYPD. In the rest of the state, adults over 18 can purchase long guns without a permit, but a license is required for handguns, and one must be over 21. Those between 18 and 21 can purchase handguns if they are members of law enforcement or the armed forces.
All firearms must comply with the NY SAFE Act, which bans assault weapons. This Act was amended in 2013 to allow the transport of handguns to and from a target range, home, or business, but the firearm must be unloaded and locked away.
New York also has specific laws regarding the features of firearms. For instance, semi-automatic rifles or shotguns with any one of the following features are banned: pistol grip, bayonet lug, telescoping or folding stock, flash suppressor, threaded barrel, or grenade launcher. Magazines are also restricted to a maximum capacity of 10 rounds, with NYC further limiting rifle and shotgun magazines to five rounds.
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The NY SAFE Act bans assault weapons
The NY SAFE Act was passed by the New York State Senate on January 14, 2013, with a bipartisan vote of 43-18. The following day, the New York State Assembly approved the legislation by a vote of 104-43, and Governor Andrew Cuomo signed the bill into law. The passage of the law made New York the first state to pass restrictions on gun laws since the Sandy Hook massacre. The law was described by Governor Cuomo as the toughest gun control law in the United States.
The Act provides a ""grandfathering" provision that allows individuals to keep assault weapons under the newer, broader definition if they were owned prior to the ban and registered with the New York State Police by April 15, 2014. There is no fee to register, and the registry of assault weapons is confidential and not subject to public disclosure. However, as of 2015, the number of assault weapons registered was significantly lower than expected, suggesting mass non-compliance with the law.
The NY SAFE Act has been met with mixed reactions. The New York State Sheriff's Association (NYSSA) favored the parts of the law that enhanced sentences for violent offenses committed with a gun, expanded background checks, and mandated safe storage of guns in households with ineligible members. However, they opposed the parts of the law that expanded the definition of assault weapons, limited magazine usage, and restricted ammunition sales via the Internet. There have been rallies both for and against the law at the New York State Capitol in Albany, with critics arguing that the law was ""rushed through" without considering its potential impact on law enforcement officers who carry firearms with high-capacity magazines.
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Frequently asked questions
Yes, short-barrelled shotguns are banned in New York. A shotgun must have a barrel of at least 18 inches.
New York enforces various firearm prohibitions, including a ban on large-capacity ammunition feeding devices, and semi-automatic rifles or shotguns with certain features such as a pistol grip or a flash suppressor.
Law enforcement officers in New York are exempt from some gun laws. Those between the ages of 18 and 21 can purchase handguns if they are law enforcement officers.
