An MP5 can be owned legally in New York, but only as a semi-automatic clone that has been reworked to drop out of the state’s assault weapon definition. That means a barrel of at least 16 inches, either a fixed magazine or a featureless configuration, magazines capped at ten rounds, and a Semi-Automatic Rifle License issued before you take possession. The short-barreled, pistol-gripped gun most people picture when they hear “MP5” cannot be owned by a civilian in New York in any configuration.
Why a Stock MP5 Clone Is an Assault Weapon in New York
Penal Law § 265.00(22) uses a one-feature test. A semi-automatic rifle that accepts a detachable magazine becomes an assault weapon if it has even one of the following: a pistol grip that protrudes conspicuously beneath the action, a folding or telescoping stock, a thumbhole stock, a second handgrip, a bayonet mount, a threaded barrel, or a grenade launcher.1New York State Senate. New York Penal Law 265.00 – Definitions
A factory MP5 clone trips several of those items at once. The platform’s identity is built around a pistol grip, and most variants ship with a collapsible stock, a threaded barrel, or both. One feature is enough.
Possessing an assault weapon without proper registration is criminal possession of a weapon in the third degree under Penal Law § 265.02(7), a Class D felony carrying up to seven years in state prison.2New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree3New York State Senate. New York Penal Law 70.00 – Sentence of Imprisonment for Felony New York prosecutes these cases.
The Two Compliance Paths
Builders and buyers use one of two approaches to make an MP5 clone legal. Each targets a different part of the assault weapon test.
Fixed Magazine Build
If the rifle cannot accept a detachable magazine, the one-feature test does not apply at all, and the gun can keep its pistol grip, collapsible stock, and other classic features.1New York State Senate. New York Penal Law 265.00 – Definitions In practice, this means installing a device that stops the magazine from being removed until part of the action is disassembled, usually by pulling takedown pins. The gun still looks and feels like an MP5, but reloading becomes a slower, deliberate process.
Featureless Build
The alternative keeps the detachable magazine and removes every prohibited feature instead. The pistol grip is replaced with a compliant grip fin or a stock design that prevents the thumb from wrapping around the grip. The threaded barrel is swapped for a non-threaded one, or a muzzle device is permanently attached. A folding or telescoping stock is replaced with a fixed-length stock. The result accepts standard magazines but handles very differently from the original. Most people building an MP5 for New York choose the fixed magazine route because the pistol grip is so central to the platform’s feel.
Barrel Length and the Short-Barreled Rifle Ban
The original MP5 has a barrel well under 16 inches, which classifies it as a short-barreled rifle under federal law.4Legal Information Institute. 18 USC 921(a)(8) – Definition of Short-Barreled Rifle Many states let civilians own short-barreled rifles through National Firearms Act registration and a $200 tax stamp. New York does not. Penal Law § 265.02 bans civilian possession of short-barreled rifles outright, and federal registration does not override it.2New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree
A legal MP5 clone configured as a rifle must have a barrel at least 16 inches and an overall length of at least 26 inches. Several manufacturers produce MP5-pattern rifles with extended barrels aimed at restrictive-state buyers. A barrel slightly short of 16 inches can still qualify if a muzzle device is permanently welded or pinned to reach the full length.5Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF National Firearms Act Handbook
Why the Pistol Configuration Does Not Rescue You
Some buyers look at MP5 clones built as pistols, which would avoid the 16-inch rifle requirement. This path collapses in New York for two reasons. First, you need a New York pistol license under Penal Law § 400.00, which is a separate and often harder permit to obtain.6New York State Senate. New York Penal Law 400.00 – Licenses to Carry, Possess, Repair and Dispose of Firearms Second, the assault weapon definition reaches semi-automatic pistols too. Under § 265.00(22)(c), a semi-automatic pistol with a detachable magazine becomes an assault weapon if it is a semi-automatic version of an automatic firearm.1New York State Senate. New York Penal Law 265.00 – Definitions The MP5 is, by design, a semi-automatic version of the fully automatic HK MP5 submachine gun. A pistol-configured clone almost certainly meets that definition no matter what else you do to it.
Ten-Round Magazine Limit
New York defines a “large capacity ammunition feeding device” as any magazine, drum, or feed strip that holds more than ten rounds.1New York State Senate. New York Penal Law 265.00 – Definitions The standard 30-round curved magazines associated with the MP5 are illegal to possess. You need magazines built to hold no more than ten rounds, or ones permanently modified with a rivet or welded limiter that blocks loading past ten. Epoxying the floor plate helps show the modification is not easily reversed.
Possession of a large capacity magazine outside a narrow pre-SAFE Act grandfather scenario can be charged as criminal possession of a weapon in the third degree, the same Class D felony that covers assault weapons, with a seven-year maximum.2New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree The ten-round cap applies whether the firearm uses a fixed magazine or a featureless build.
The Semi-Automatic Rifle License
Since September 4, 2022, New York has required a Semi-Automatic Rifle License for anyone purchasing or taking ownership of a semi-automatic rifle. This covers MP5 clones built as rifles. You apply through your county or local licensing officer and must be at least 21 years old.7New York State Gun Safety. Frequently Asked Questions New Concealed Carry Law If you already hold a New York firearms license, you can add the semi-automatic rifle endorsement to it through the same office.
The license must be recertified every five years. Letting it lapse is a violation with a fine of up to $250, and the licensing officer will weigh the lapse against any future application.6New York State Senate. New York Penal Law 400.00 – Licenses to Carry, Possess, Repair and Dispose of Firearms You also have to carry the license on you when buying or taking possession of the firearm. Anyone who lawfully owned a semi-automatic rifle before September 4, 2022, does not need the license for that specific gun, but any new acquisition does.
Imported Parts and the 922(r) Count
Many MP5 clones are built from imported components, which brings in a separate federal rule. Under 18 U.S.C. § 922(r), assembling a non-sporting semi-automatic rifle from imported parts is illegal unless the number of foreign-made parts stays below a specific threshold.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ATF tracks a list of 20 regulated components, and a compliant firearm cannot contain more than ten imported parts from that list. The regulated parts include the receiver, barrel, bolt, trigger, hammer, stock, pistol grip, handguard, and all three magazine components (body, follower, and floor plate).
The MP5 originated in Germany, so clone kits, parts, and complete firearms often arrive imported. Swapping in domestically made trigger groups, stocks, grips, and magazine internals is the standard way to stay under the ten-part ceiling. The ATF counts magazine parts as imported even when domestic replacements exist, so you have to verify your parts sourcing. Reputable dealers selling New York-compliant MP5 clones usually handle 922(r) compliance before the gun ships. If you are building from a parts kit, the responsibility is yours.
Storage and Transport Within the State
Penal Law § 265.45 requires anyone who owns a rifle, shotgun, or firearm and lives with a minor under 18, someone subject to an extreme risk protection order, or someone prohibited from possessing firearms because of a felony or serious offense to keep the gun locked in a safe storage container or secured with a gun lock whenever it is not in the owner’s immediate possession or control.9New York State Senate. New York Penal Law 265.45 – Safe Storage The container must be fire-resistant, tamper-resistant, and unopenable without a key, combination, or other unlocking mechanism. Violation is a class A misdemeanor, up to a year in jail.
Firearms left inside a vehicle have to be unloaded, locked in a secure container, and hidden from view. A glove compartment does not count. For in-state transport, keep the gun unloaded and locked in a case during the drive. For air travel, TSA requires the firearm to be unloaded, placed in a locked hard-sided container, and declared to the airline at the counter when checking the bag, with ammunition stored separately.10Transportation Security Administration. Transporting Firearms and Ammunition