New York SAFE Act and Assault Weapon Laws: Registration and Penalties

The New York SAFE Act assault weapon laws classify a semi-automatic rifle, pistol, or shotgun as an “assault weapon” if it has even one prohibited feature, cap ammunition feeding devices at 10 rounds, and make possession of an unregistered assault weapon a violent class D felony punishable by two to seven years in prison. Signed in January 2013, the Secure Ammunition and Firearms Enforcement Act replaced the older two-feature federal test with a stricter one-feature test and added background-check, storage, and ammunition rules that still shape what New Yorkers can legally own.¹

The One-Feature Test

Penal Law § 265.00(22) does not ban firearms by name. It targets mechanical features. A semi-automatic rifle that accepts a detachable magazine becomes an assault weapon the moment it has any one of these:

A folding or telescoping stock
A pistol grip that protrudes noticeably below the action
A thumbhole stock
A second handgrip or protruding grip for the non-trigger hand
A bayonet mount
A flash suppressor, muzzle brake, muzzle compensator, or a threaded barrel designed to accept one
A grenade launcher

A standard AR-15-style rifle with any of these features is banned unless it was lawfully owned before the SAFE Act and properly registered.²

Semi-automatic pistols with detachable magazines face a parallel list. A pistol is an assault weapon if it has a folding or telescoping stock, thumbhole stock, second handgrip, the ability to accept a magazine outside the pistol grip, a threaded barrel, a barrel shroud, or a manufactured weight of 50 ounces or more unloaded.²

Semi-automatic shotguns are treated more strictly. They don’t need a detachable magazine to trigger the test. A single feature — a folding or telescoping stock, thumbhole stock, second handgrip, fixed magazine over seven rounds, or the ability to accept a detachable magazine — is enough. Revolving-cylinder shotguns are classified as assault weapons regardless of features.²

Because the statute is feature-based, some owners build “featureless” rifles or use fixed magazines to stay outside the definition. Whether a specific configuration is legal depends on stripping away every prohibited characteristic. One wrong part crosses the line.

The 10-Round Magazine Cap

New York prohibits possession of any ammunition feeding device that can hold more than 10 rounds, regardless of when it was manufactured. The SAFE Act eliminated the earlier exemption that let owners keep pre-1994 high-capacity magazines.³

The original law also limited how many rounds you could load into a 10-round magazine to seven. A federal court struck that loading restriction down as arbitrary. The enforceable limit today is the device’s capacity, not the number of rounds actually loaded. Possession of a large-capacity magazine is a class A misdemeanor, up to a year in jail and a $1,000 fine.³

Penalties for an Unregistered Assault Weapon

Possessing an unregistered assault weapon is charged under Penal Law § 265.02(7) as criminal possession of a weapon in the third degree, a class D felony.⁴ New York classifies this offense as violent, which changes sentencing significantly.⁵

A violent class D felony carries a determinate prison sentence of two to seven years.⁵ A court can impose a lighter sentence, including a definite term of one year or less, only if the defendant has no class A misdemeanor conviction in the last five years and the court finds the standard sentence would be unduly harsh. First-time offenders caught with an unregistered assault weapon commonly face real prison time.

Registering a Pre-Act Assault Weapon

Owners who lawfully possessed assault weapons before the SAFE Act took effect had to register them with the New York State Police. Registration lets you keep the specific firearms you already owned. It does not authorize new purchases or transfers.¹

Registered assault weapons must be recertified every five years. A lapsed registration can expose the owner to the same felony possession charges that apply to weapons never registered at all. When the owner dies, a registered assault weapon cannot be transferred to another person inside New York. It must be surrendered to law enforcement or moved out of state.

Background Checks on Private Sales

The SAFE Act extended background checks to nearly every private firearm transfer. Under General Business Law § 898, a private sale, exchange, or transfer of a firearm, rifle, or shotgun must go through a federal firearms licensee, who runs a NICS check before the transfer completes. The only exception is transfers between immediate family members.⁶

The dealer records each transfer and may charge up to $10 for the service.⁶ Skipping the dealer is a class A misdemeanor, up to one year in jail. If a buyer is denied through NICS, the FBI must provide the reason within five business days of a request, and any formal challenge must be answered within 60 calendar days.⁷

Ammunition Sales

Anyone who sells ammunition commercially in New York, whether full-time or occasionally, must register as an ammunition seller with the New York State Police.⁸ Each sale requires ID verification and a background check on the buyer, and the seller transmits a record of the transaction to the State Police.

The SAFE Act also banned direct-to-consumer internet ammunition sales. Ammunition ordered online has to ship to a licensed dealer for in-person pickup, with the same background check as an in-store purchase.¹ Federal age rules apply on top of New York’s: licensed dealers cannot sell handgun ammunition to anyone under 21, or rifle or shotgun ammunition to anyone under 18.⁹

Safe Storage

Penal Law § 265.45 requires gun owners to secure their firearms whenever those firearms are not in their immediate possession, but only if certain people live in the household. The duty applies if you live with anyone who is:

Under 18 years old
Prohibited from possessing firearms by an extreme risk protection order or by federal law, including anyone with a felony conviction, a domestic violence conviction, an active restraining order, or an involuntary mental health commitment
Convicted of a felony or serious offense

Compliance means a locked safe or secure container that requires a key, combination, or other unlocking mechanism, or a gun-locking device that renders the firearm inoperable.¹⁰

Firearms left in a vehicle must be unloaded, locked in a secure container, and kept out of sight. A glove compartment does not qualify.¹⁰ A minor under 18 may still handle a firearm for lawful purposes like hunting or supervised target shooting under the conditions in Penal Law § 265.20. Violating the storage requirement is a misdemeanor.

Mental Health Reporting

The SAFE Act created a mandatory reporting system for mental health professionals. Under Mental Hygiene Law § 9.46, physicians, psychologists, registered nurses, and licensed clinical social workers must report to county mental health officials whenever a patient is likely to cause serious harm to themselves or others. The clinician’s finding must be that the patient poses a substantial risk of physical harm through suicide attempts, homicidal behavior, or other conduct placing people in reasonable fear of serious injury.

If a county mental health official agrees with the assessment, non-clinical identifying information goes to the Division of Criminal Justice Services. DCJS checks whether the person holds a firearms license. If they do, the local licensing authority must suspend or revoke the license, and the person has to surrender their firearms. Law enforcement is authorized to remove weapons from anyone who does not comply. The law shields reporting professionals from civil or criminal liability for reports made reasonably and in good faith.

Items Federal Law Now Permits but New York Still Bans

Federal law changed on January 1, 2026, when Congress eliminated the $200 NFA tax stamp for suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons.” Machine guns and destructive devices still carry the traditional $200 federal tax.¹¹ That federal change does not help New York residents. Penal Law § 265 independently bans suppressors, short-barreled rifles, and short-barreled shotguns. Possession in New York remains a felony regardless of any federal approval or tax stamp.

Traveling Through New York

Federal safe-passage law under 18 U.S.C. § 926A protects people transporting firearms through a state where they would otherwise be illegal, provided the firearm is unloaded, locked in a container separate from the passenger compartment, and lawful at both origin and destination.¹² In vehicles without a separate trunk, the firearm must be in a locked container other than the glove compartment or center console.

New York, and New York City in particular, has a reputation for aggressively enforcing its own weapon laws even against travelers who believe federal safe passage covers them. Stopping overnight, checking into a hotel, or doing anything beyond continuous travel can undermine that defense. Flying through a New York airport requires unloaded firearms in a hard-sided locked container, checked as baggage with a declaration to the airline; ammunition also goes in checked baggage, in its original packaging or a container designed for it.¹³ Anyone passing through the state with a firearm should treat New York’s restrictions as among the least forgiving in the country.

1
New York State Senate. Governor Cuomo Signs Groundbreaking Legislation
2
YPD Crime. New York Penal Law Article 265 – Firearms and Other Dangerous Weapons
3
New York State Senate. New York Code 265.36 – Unlawful Possession of a Large Capacity Ammunition Feeding Device
4
New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree
5
New York State Senate. New York Penal Law 70.02 – Sentence of Imprisonment for Violent Felony Offense
6
New York State Senate. New York General Business Law 898 – Private Sale or Disposal of Firearms, Rifles and Shotguns
7
Federal Bureau of Investigation. Requesting Reason for and/or Challenging a NICS-Related Denial
8
New York State Gun Safety. Ammunition Registration
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Minimum Age for Gun Sales and Transfers
10
New York State Senate. New York Penal Law 265.45 – Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree
11
Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act
12
Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms
13
Transportation Security Administration. Transporting Firearms and Ammunition