NFA Items in New York

Overview

New York State law independently regulates the items the federal National Firearms Act (NFA) covers, and in most cases bans them outright. Federal compliance does not create a defense under New York law. A machine gun, silencer, or similar item can be lawful to register at the federal level and still be a serious New York felony to possess. Compliance with the federal NFA, including paying any tax and registering the item, does not make it legal to possess that item in New York.

What the federal NFA covers

Under 26 U.S.C. 5845(a), the federal NFA regulates these "firearms":

• Machine guns - any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of such a weapon and any combination of parts designed and intended for use in converting a weapon into a machine gun (26 U.S.C. 5845(b)).
• Silencers and suppressors - any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts designed or redesigned and intended for use in assembling or fabricating such a device (26 U.S.C. 5845(a)(7), defined by reference to 18 U.S.C. 921(a)(24)).
• Short-barreled rifles (SBRs) - a rifle with a barrel or barrels of less than 16 inches, or a weapon made from a rifle with an overall length under 26 inches (26 U.S.C. 5845(a)(3)-(4)).
• Short-barreled shotguns (SBSs) - a shotgun with a barrel or barrels of less than 18 inches, or a weapon made from a shotgun with an overall length under 26 inches (26 U.S.C. 5845(a)(1)-(2)).
• Destructive devices - bombs, grenades, certain rockets and missiles, mines, and large-bore weapons over one-half inch in diameter, plus related parts (26 U.S.C. 5845(f)).
• Any Other Weapons (AOWs) - concealable weapons capable of discharging a shot through the energy of an explosive, and similar devices (26 U.S.C. 5845(e)).

New York State prohibitions

Penal Law Article 265 criminalizes possession, manufacture, transport, and disposition of most NFA items. New York uses its own definitions, which appear in Penal Law 265.00.

Silencers and machine guns

• Penal Law 265.02(2) - Criminal possession of a weapon in the third degree. A person is guilty when they possess "any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use." This is a class D felony.
• Penal Law 265.03(1)(a) - Criminal possession of a weapon in the second degree. Possessing a machine gun with intent to use it unlawfully against another is a class C felony. Penal Law 265.03(1)(c) applies the same class C felony to possessing a disguised gun with unlawful intent.
• A "machine-gun" is defined in Penal Law 265.00(1) and a "firearm silencer" in Penal Law 265.00(2). New York's definitions are broad and do not turn on federal registration.

Short-barreled rifles and shotguns

New York folds short-barreled long guns into its "firearm" definition. Under Penal Law 265.00(3), "firearm" includes a shotgun with one or more barrels less than 18 inches, a rifle with one or more barrels less than 16 inches, and any weapon made from a shotgun or rifle with an overall length less than 26 inches. Because these qualify as a "firearm," possessing one without a valid New York license is a crime:

• Penal Law 265.01-b - Criminal possession of a firearm. Possessing any firearm (as New York defines it) is a class E felony, absent a license or an applicable exemption.
• An SBR or SBS may also meet New York's separate "assault weapon" definition in Penal Law 265.00(22) depending on configuration, which raises the offense level (see below).

Assault weapons and large capacity magazines

• Penal Law 265.02(7) - Possessing an assault weapon, as defined in Penal Law 265.00(22), is criminal possession of a weapon in the third degree, a class D felony.
• Penal Law 265.02(8) - Possessing a large capacity ammunition feeding device is a class D felony. Penal Law 265.00(23) defines that device as a magazine, belt, drum, feed strip, or similar device with a capacity of, or that can be readily restored or converted to accept, more than ten rounds. The separate seven-round load limit that the SAFE Act once imposed was struck down in litigation and is not enforced. See the RESTRICTIONS section for full detail on assault weapons and magazines.

Manufacture, transport, and disposition

• Penal Law 265.10(1) - Manufacturing a machine gun, assault weapon, large capacity ammunition feeding device, or disguised gun is a class D felony. Manufacturing a rapid-fire modification device is a class E felony.
• Penal Law 265.10(2) - Transporting or shipping a machine gun, firearm silencer, assault weapon, large capacity ammunition feeding device, or disguised gun, or shipping five or more firearms as merchandise, is a class D felony. Transporting or shipping a rapid-fire modification device is a class E felony.
• Penal Law 265.10(3) - Disposing of a machine gun, assault weapon, large capacity ammunition feeding device, or firearm silencer is a class D felony.

Rapid-fire modification devices (including bump stocks)

• Penal Law 265.01-c - Criminal possession of a rapid-fire modification device. Knowingly possessing one is a class A misdemeanor. Penal Law 265.00(26) defines a "rapid-fire modification device" to include any bump stock, trigger crank, binary trigger system, burst trigger system, pistol converter, or any other device designed to accelerate the rate of fire of a semi-automatic firearm, rifle, or shotgun. "Bump stock" is separately defined in Penal Law 265.00(27).
• This New York ban is independent of federal law. In Garland v. Cargill, 602 U.S. 759 (2024), the U.S. Supreme Court held that a bump stock is not a "machinegun" under the federal NFA, so bump stocks are no longer federally NFA-regulated. That ruling does not change New York law. Bump stocks and similar devices remain illegal to possess in New York under Penal Law 265.01-c.

Undetectable firearms

• Penal Law 265.50 - Knowingly manufacturing, selling, transporting, or possessing with intent to sell an undetectable firearm, rifle, or shotgun, or a major component that does not generate an adequate image on airport-type screening, is a class D felony.

Federal NFA requirements still apply

Where an NFA item is lawful to possess, the federal process still controls. Federal law requires:

• Registration in the National Firearms Registration and Transfer Record. Under 26 U.S.C. 5861(d), it is a federal crime to receive or possess an NFA firearm that is not registered to the possessor in that record.
• ATF approval before transfer (Form 4) or making (Form 1), including fingerprints and photographs.
• Approval before taking possession. Possessing an unregistered NFA firearm is a federal felony.

None of this overrides New York's separate criminal prohibitions. A federally registered silencer or machine gun is still contraband in New York.

P.L. 119-21 and the NFA tax

P.L. 119-21 (signed July 4, 2025) changed the federal making and transfer tax for NFA firearms. The tax is set at $200 for a machine gun or a destructive device, and $0 for all other NFA firearms, including silencers, SBRs, SBSs, and AOWs. The change applies to transfers and making in calendar quarters that begin more than 90 days after July 4, 2025, which makes the first qualifying quarter the one beginning January 1, 2026. Some ATF materials may still display the older $200 figure while systems update.

The tax change is a federal matter only. It does not register any item, and it has no effect on New York's independent bans. Lowering or eliminating the federal tax does not make a silencer, machine gun, or other restricted item legal to possess in New York. The federal registration, background check, and approval requirements remain in place even where the tax is $0.

Pending federal litigation

After P.L. 119-21 reduced the tax on some NFA items to $0, several lawsuits were filed in 2025 arguing that, without a tax, Congress lacks authority to require NFA registration for those items, and that the Second Amendment protects items such as silencers and short-barreled long guns. These cases were in early stages as of mid-2026 and had not invalidated the registration requirements. Even a ruling against federal registration would not, by itself, repeal New York's separate state-level prohibitions, which rest on independent state statutory authority.

Key takeaways for New York license holders

1. Machine guns, silencers and suppressors, and destructive devices are illegal to possess in New York. No federal license, tax payment, or registration makes them legal under state law.
2. Short-barreled rifles and shotguns fall within New York's "firearm" definition under Penal Law 265.00(3), so possessing one without a license is a felony, and configuration may also trigger the assault weapon rules.
3. Bump stocks and other rapid-fire modification devices remain banned in New York under Penal Law 265.01-c, regardless of Garland v. Cargill.
4. The federal $0 NFA tax under P.L. 119-21 does not change New York law. State prohibitions remain fully enforceable.
5. An NFA item that is legal in a neighboring state becomes felony contraband the moment it enters New York.
6. New York City applies its own stricter handgun and firearm rules on top of state law. Consult NYC requirements separately if you are in the five boroughs.

Relevant statutes

This page is general information, not legal advice. New York firearm law changes frequently and is heavily litigated. Confirm current requirements with the New York State Police and a qualified New York attorney before acting.