In New York, a shotgun becomes illegal when it crosses into “assault weapon” territory under Penal Law § 265.00(22), and the rules that most often catch owners by surprise are the ones covering semiautomatic shotguns and revolving cylinder designs. New York shotgun laws use a one-feature test for semiautomatics: a single prohibited characteristic, like a thumbhole stock or a magazine over seven rounds, is enough to make the firearm an assault weapon. Any revolving cylinder shotgun is banned outright. Possession without pre-2014 registration is a Class D felony carrying up to seven years in prison.1New York State Senate. New York Penal Law 265.00 – Definitions
Which Shotguns the Rules Apply To
The one-feature test applies only to semiautomatic shotguns, meaning shotguns that automatically chamber the next round after each trigger pull. Pump-action, bolt-action, and break-action shotguns are not covered by the features list. That distinction trips people up more than anything else. A thumbhole stock on a pump shotgun is perfectly legal. The same stock on a semiautomatic shotgun makes it an assault weapon.1New York State Senate. New York Penal Law 265.00 – Definitions
Revolving cylinder shotguns are treated differently and sit in their own category under § 265.00(22)(d), discussed below.
The Five Prohibited Features on Semiautomatic Shotguns
If your semiautomatic shotgun has any one of these characteristics, it qualifies as an assault weapon under New York law:1New York State Senate. New York Penal Law 265.00 – Definitions
- A folding or telescoping stock.
- A thumbhole stock, meaning a stock with an opening that lets the thumb wrap through and grip the firearm from behind.
- A second handgrip or a protruding grip that can be held by the non-trigger hand, including a conspicuously protruding pistol grip beneath the action.
- A fixed magazine capacity of more than seven rounds.
- The ability to accept a detachable magazine.
Thumbhole stocks catch owners off guard more than the others, partly because they are popular for comfort and accuracy and partly because some manufacturers marketed them as a workaround for pistol grip bans in other states. New York closed that door. The statute does not distinguish between factory-installed and aftermarket thumbhole stocks; if the shotgun is semiautomatic and the stock has a thumbhole, the combination is illegal unless it was registered before the SAFE Act deadline.
There is one important safe harbor. A semiautomatic shotgun that cannot hold more than five rounds in either a fixed or detachable magazine is explicitly excluded from the assault weapon definition.1New York State Senate. New York Penal Law 265.00 – Definitions For many common hunting shotguns with small tubular magazines, this exclusion keeps them out of assault weapon territory regardless of the other features.
Revolving Cylinder Shotguns Are Banned Outright
Under Penal Law § 265.00(22)(d), any shotgun with a revolving cylinder is categorically an assault weapon. No features test. No capacity threshold. No action-type qualifier. The revolving cylinder design alone is enough.1New York State Senate. New York Penal Law 265.00 – Definitions
Unlike the semiautomatic rules, there is no modification that brings a revolving cylinder shotgun into compliance. You cannot swap the stock or reduce the capacity. If the cylinder revolves, the shotgun is banned. Civilian possession is a felony unless the firearm was registered before the SAFE Act deadline or qualifies for one of the narrow antique exceptions discussed below.
Magazine Capacity: Two Separate Rules
New York has two capacity restrictions that work together, and confusing them is easy.
The first is the seven-round threshold that functions as one of the five prohibited features on semiautomatic shotguns. A fixed magazine holding more than seven rounds makes the shotgun an assault weapon on its own.1New York State Senate. New York Penal Law 265.00 – Definitions
The second rule is broader. New York defines a “large capacity ammunition feeding device” as any magazine, belt, drum, or similar device that holds or can be readily restored to hold more than ten rounds, and possessing one is a separate offense regardless of what firearm it attaches to.1New York State Senate. New York Penal Law 265.00 – Definitions The law looks at manufactured capacity, not how many rounds you actually load. Plugs and limiters do not change the classification if the device can be easily converted back. Possession is a Class A misdemeanor punishable by up to one year in jail.2New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors and Violation
What Possession Costs You
Possessing any assault weapon in New York, whether a semiautomatic shotgun with one prohibited feature or any revolving cylinder shotgun, is criminal possession of a weapon in the third degree under Penal Law § 265.02(7). That is a Class D felony.3New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree
For a defendant without prior felony convictions, a Class D felony carries an indeterminate sentence with a maximum of up to seven years in prison and a minimum of at least one year. If the court finds that an indeterminate sentence would be unduly harsh, it can impose a definite sentence of one year or less. Fines can reach $5,000 or double the defendant’s gain from the crime, whichever is higher.4New York State Senate. New York Penal Law 70.00 – Sentence of Imprisonment for Felony
A felony conviction also means permanent loss of the right to possess any firearm under both state and federal law. The weapon itself is confiscated and typically destroyed.
Pre-Ban Registration and What to Do If You Missed It
When the SAFE Act took effect in early 2013, existing assault weapon owners had a window to register their firearms with the New York State Police. The deadline was April 15, 2014. Owners who registered by that date can legally keep their firearms, with conditions: a registered assault weapon cannot be transferred to anyone within New York State except a licensed dealer or an out-of-state buyer, and it must be safely stored.
Registration is no longer available. If you have an unregistered assault weapon in your possession today, the practical options are to transfer it to a licensed dealer, sell it to a buyer in a state where it is legal, permanently modify it to remove every restricted feature, or surrender it to law enforcement. Continuing to possess it carries the full criminal exposure above.
Antique and Curio Exceptions Are Narrower Than You Think
New York’s antique firearm definition under Penal Law § 265.00(14) is narrower than many owners expect. It focuses on unloaded muzzle-loading pistols and revolvers with flintlock, percussion cap, or similar ignition systems, and on pistols or revolvers chambered in cartridges no longer commercially available. The definition is centered on handguns, not shotguns.
Federal law takes a different approach. Under 18 U.S.C. § 921(a)(16), any firearm manufactured in or before 1898 qualifies as an antique, and muzzle-loading shotguns designed to use black powder and incapable of firing fixed ammunition are included.5Legal Information Institute. 18 U.S. Code 921 – Definitions The federal label does not automatically override New York’s assault weapon classification. A revolving cylinder shotgun from the 1890s might qualify as a federal antique while still falling under New York’s blanket ban on revolving cylinder designs.
For large capacity feeding devices, New York carves out a separate curio or relic exception. The device must have been manufactured at least fifty years ago, must only be usable in a firearm also manufactured at least fifty years ago, must be possessed by someone not prohibited from owning firearms, and must be registered with the Division of State Police.1New York State Senate. New York Penal Law 265.00 – Definitions All four conditions must be met, and the exception covers the feeding device, not the firearm’s assault weapon classification.
Transporting a Shotgun Through New York
If you are driving through New York with a shotgun that is legal in your home state but would violate New York law, federal law offers some protection. Under 18 U.S.C. § 926A, you can transport a firearm between two places where you can legally possess it, provided the firearm is unloaded and not readily accessible from the passenger compartment. If your vehicle has a trunk, the shotgun and ammunition go there. If it does not have a separate compartment, both must be in a locked container that is not the glove compartment or console.6Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms
The protection covers transport only. If you stop in New York for more than what is reasonably necessary for travel, such as an overnight hotel stay, a side trip, or a long meal, you risk falling outside federal safe passage and into state law. “I was just passing through” is not a defense once the trip’s continuity is broken. Keep the firearm locked, keep the ammunition separate, and keep moving.
What the Statewide Rifle License and NYC Permits Mean for Shotguns
Two licensing rules often get confused with shotgun requirements. The semiautomatic rifle license added to Penal Law § 400.00 in 2022 applies to rifles, not shotguns. If you are buying or possessing a semiautomatic shotgun elsewhere in the state, this provision does not require you to hold that license.7New York State Senate. New York Penal Law 400.00 – Licenses to Carry, Possess, Repair and Dispose of Firearms
New York City is different. The NYPD License Division requires a separate permit for all rifles and shotguns regardless of action type. If you live in the five boroughs, you need a city-issued rifle/shotgun permit in addition to complying with every state-level assault weapon rule above.