N.Y. Penal Law § 265.00

§ 265.00 Definitions.\n As used in this article and in article four hundred, the following\nterms shall mean and include:\n * 1. "Machine-gun" means a weapon of any description, irrespective of\nsize, by whatever name known, loaded or unloaded, from which a number of\nshots or bullets may be rapidly or automatically discharged from a\nmagazine with one continuous pull of the trigger and includes a\nsub-machine gun.\n * NB Effective until August 25, 2026\n * 1. "Machine-gun" means a weapon of any description, irrespective of\nsize, by whatever name known, loaded or unloaded, from which a number of\nshots or bullets may be rapidly or automatically discharged from a\nmagazine with one continuous pull of the trigger and includes a\nsub-machine gun, and also includes any convertible pistol that is\nequipped with a pistol converter.\n * NB Effective August 25, 2026\n 2. "Firearm silencer" means any instrument, attachment, weapon or\nappliance for causing the firing of any gun, revolver, pistol or other\nfirearms to be silent, or intended to lessen or muffle the noise of the\nfiring of any gun, revolver, pistol or other firearms.\n 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having\none or more barrels less than eighteen inches in length; or (c) a rifle\nhaving one or more barrels less than sixteen inches in length; or (d)\nany weapon made from a shotgun or rifle whether by alteration,\nmodification, or otherwise if such weapon as altered, modified, or\notherwise has an overall length of less than twenty-six inches; or (e)\nan assault weapon; or (f) any other weapon that is not otherwise defined\nin this section containing any component that provides housing or a\nstructure designed to hold or integrate any fire control component that\nis designed to or may readily be converted to expel a projectile by\naction of explosive. For the purpose of this subdivision the length of\nthe barrel on a shotgun or rifle shall be determined by measuring the\ndistance between the muzzle and the face of the bolt, breech, or\nbreechlock when closed and when the shotgun or rifle is cocked; the\noverall length of a weapon made from a shotgun or rifle is the distance\nbetween the extreme ends of the weapon measured along a line parallel to\nthe center line of the bore. Firearm does not include an antique\nfirearm.\n 3-a. "Major component of a firearm, rifle or shotgun" means the\nbarrel, the slide or cylinder, the frame, or receiver of the firearm,\nrifle, or shotgun.\n 4. "Switchblade knife" means any knife which has a blade which opens\nautomatically by hand pressure applied to a button, spring or other\ndevice in the handle of the knife.\n 5. "Gravity knife" means any knife which has a blade which is released\nfrom the handle or sheath thereof by the force of gravity or the\napplication of centrifugal force which, when released, is locked in\nplace by means of a button, spring, lever or other device.\n 5-a. "Pilum ballistic knife" means any knife which has a blade which\ncan be projected from the handle by hand pressure applied to a button,\nlever, spring or other device in the handle of the knife.\n 5-b. "Metal knuckle knife" means a weapon that, when closed, cannot\nfunction as a set of plastic knuckles or metal knuckles, nor as a knife\nand when open, can function as both a set of plastic knuckles or metal\nknuckles as well as a knife.\n 5-c. "Automatic knife" includes a stiletto, a switchblade knife, a\ncane sword, a pilum ballistic knife, and a metal knuckle knife.\n 5-d. "Undetectable knife" means any knife or other instrument, which\ndoes not utilize materials that are detectable by a metal detector or\nmagnetometer when set at a standard calibration, that is capable of\nready use as a stabbing or cutting weapon and was commercially\nmanufactured to be used as a weapon.\n 6. "Dispose of" means to dispose of, give, give away, lease, loan,\nkeep for sale, offer, offer for sale, sell, transfer and otherwise\ndispose of.\n 7. "Deface" means to remove, deface, cover, alter or destroy the\nmanufacturer's serial number or any other distinguishing number or\nidentification mark.\n 8. "Gunsmith" means any person, firm, partnership, corporation or\ncompany who engages in the business of repairing, altering, assembling,\nmanufacturing, cleaning, polishing, engraving or trueing, or who\nperforms any mechanical operation on, any firearm, large capacity\nammunition feeding device or machine-gun.\n 8-a. "Serialized" means bearing a visible identification number and/or\nsymbol in accordance with the requirements imposed on licensed importers\nand licensed manufacturers pursuant to subsection (i) of Section 923 of\nTitle 18 of the United States Code and regulations issued pursuant\nthereto in effect at the time of assembly, except for antique firearms\nas defined in subdivision fourteen of this section, as added by chapter\nnine hundred eighty-six of the laws of nineteen hundred seventy-four, or\nany firearm, rifle or shotgun manufactured prior to nineteen hundred\nsixty-eight.\n 9. "Dealer in firearms" means any person, firm, partnership,\ncorporation or company who engages in the business of purchasing,\nselling, keeping for sale, loaning, leasing, or in any manner disposing\nof, any assault weapon, large capacity ammunition feeding device,\npistol, revolver, or semiautomatic rifle.\n 10. "Licensing officer" means in the city of New York the police\ncommissioner of that city; in the county of Nassau the commissioner of\npolice of that county; in the county of Suffolk the sheriff of that\ncounty except in the towns of Babylon, Brookhaven, Huntington, Islip and\nSmithtown, the commissioner of police of that county; for the purposes\nof section 400.01 of this chapter the superintendent of state police;\nand elsewhere in the state a judge or justice of a court of record\nhaving his office in the county of issuance.\n 11. "Rifle" means a weapon designed or redesigned, made or remade, and\nintended to be fired from the shoulder and designed or redesigned and\nmade or remade to use the energy of the explosive to fire only a single\nprojectile through a rifled bore for each single pull of the trigger\nusing either: (a) fixed metallic cartridge; or (b) each projectile and\nexplosive charge are loaded individually for each shot discharged. In\naddition to common, modern usage, rifles include those using obsolete\nammunition not commonly available in commercial trade, or that load\nthrough the muzzle and fire a single projectile with each discharge, or\nloading, including muzzle loading rifles, flintlock rifles, and black\npowder rifles.\n 12. "Shotgun" means a weapon designed or redesigned, made or remade,\nand intended to be fired from the shoulder and designed or redesigned\nand made or remade to use the energy of the explosive to fire through a\nsmooth or rifled bore either a number of ball shot or a single\nprojectile for each single pull of the trigger using either: (a) a fixed\nshotgun shell; or (b) a projectile or number of ball shot and explosive\ncharge are loaded individually for each shot discharged. In addition to\ncommon, modern usage, shotguns include those using obsolete ammunition\nnot commonly available in commercial trade, or that load through the\nmuzzle and fires ball shot with each discharge, or loading, including\nmuzzle loading shotguns, flintlock shotguns, and black powder shotguns.\n 13. "Cane Sword" means a cane or swagger stick having concealed within\nit a blade that may be used as a sword or stilletto.\n * 14. "Antique firearm" means:\n Any unloaded muzzle loading pistol or revolver with a matchlock,\nflintlock, percussion cap, or similar type of ignition system, or a\npistol or revolver which uses fixed cartridges which are no longer\navailable in the ordinary channels of commercial trade.\n * NB There are 2 sb 14's\n * 14. "Chuka stick" means any device designed primarily as a weapon,\nconsisting of two or more lengths of a rigid material joined together by\na thong, rope or chain in such a manner as to allow free movement of a\nportion of the device while held in the hand and capable of being\nrotated in such a manner as to inflict serious injury upon a person by\nstriking or choking. These devices are also known as nunchakus and\ncentrifugal force sticks.\n * NB There are 2 sb 14's\n 15. "Loaded firearm" means any firearm loaded with ammunition or any\nfirearm which is possessed by one who, at the same time, possesses a\nquantity of ammunition which may be used to discharge such firearm.\n 15-a. "Electronic dart gun" means any device designed primarily as a\nweapon, the purpose of which is to momentarily stun, knock out or\nparalyze a person by passing an electrical shock to such person by means\nof a dart or projectile.\n 15-b. "Throwing star" or "shuriken" means a disc-like object with\nsharpened points on the circumference thereof and is designed for use\nprimarily as a weapon to be thrown.\n 15-c. "Electronic stun gun" means any device designed primarily as a\nweapon, the purpose of which is to stun, cause mental disorientation,\nknock out or paralyze a person by passing a high voltage electrical\nshock to such person.\n 16. "Certified not suitable to possess a self-defense spray device, a\nrifle or shotgun" means that the director or physician in charge of any\nhospital or institution for mental illness, public or private, has\ncertified to the superintendent of state police or to any organized\npolice department of a county, city, town or village of this state, that\na person who has been judicially adjudicated incompetent, or who has\nbeen confined to such institution for mental illness pursuant to\njudicial authority, is not suitable to possess a self-defense spray\ndevice, as defined in section 265.20 of this article, or a rifle or\nshotgun.\n 17. "Serious offense" means (a) any of the following offenses defined\nin the current penal law and any offense in any jurisdiction or the\nformer penal law that includes all of the essential elements of any of\nthe following offenses: illegally using, carrying or possessing a pistol\nor other dangerous weapon; possession of burglar's tools; criminal\npossession of stolen property in the third degree; escape in the third\ndegree; jostling; fraudulent accosting; endangering the welfare of a\nchild; obscenity in the third degree; issuing abortional articles;\npermitting prostitution; promoting prostitution in the third degree;\nstalking in the fourth degree; stalking in the third degree; sexual\nmisconduct; forcible touching; sexual abuse in the third degree; sexual\nabuse in the second degree; criminal possession of a controlled\nsubstance in the seventh degree; criminally possessing a hypodermic\ninstrument; criminally using drug paraphernalia in the second degree;\ncriminal possession of methamphetamine manufacturing material in the\nsecond degree; and a hate crime defined in article four hundred\neighty-five of this chapter.\n (b) any of the following offenses defined in the current penal law and\nany offense in any jurisdiction or in the former penal law that includes\nall of the essential elements of any of the following offenses, where\nthe defendant and the person against whom the offense was committed were\nmembers of the same family or household as defined in subdivision one of\nsection 530.11 of the criminal procedure law and as established pursuant\nto section 370.15 of the criminal procedure law: assault in the third\ndegree; menacing in the third degree; menacing in the second degree;\ncriminal obstruction of breathing or blood circulation; unlawful\nimprisonment in the second degree; coercion in the third degree;\ncriminal tampering in the third degree; criminal contempt in the second\ndegree; harassment in the first degree; aggravated harassment in the\nsecond degree; criminal trespass in the third degree; criminal trespass\nin the second degree; arson in the fifth degree; or attempt to commit\nany of the above-listed offenses.\n (c) any misdemeanor offense in any jurisdiction or in the former penal\nlaw that includes all of the essential elements of a felony offense as\ndefined in the current penal law.\n 18. "Armor piercing ammunition" means any ammunition capable of being\nused in pistols or revolvers containing a projectile or projectile core,\nor a projectile or projectile core for use in such ammunition, that is\nconstructed entirely (excluding the presence of traces of other\nsubstances) from one or a combination of any of the following: tungsten\nalloys, steel, iron, brass, bronze, beryllium copper, or uranium.\n 19. "Duly authorized instructor" means (a) a duly commissioned officer\nof the United States army, navy, marine corps or coast guard, or of the\nnational guard of the state of New York; or (b) a duly qualified adult\ncitizen of the United States who has been granted a certificate as an\ninstructor in small arms practice issued by the United States army, navy\nor marine corps, or by the adjutant general of this state, or by the\ndivision of criminal justice services, or by the national rifle\nassociation of America, a not-for-profit corporation duly organized\nunder the laws of this state; (c) by a person duly qualified and\ndesignated by the department of environmental conservation as its agent\nin the giving of instruction and the making of certifications of\nqualification in responsible hunting practices; or (d) a New York state\n4-H certified shooting sports instructor.\n 20. "Disguised gun" means any weapon or device capable of being\nconcealed on the person from which a shot can be discharged through the\nenergy of an explosive and is designed and intended to appear to be\neither; (a) something other than a gun; or (b) a toy gun that shall\ninclude, but not be limited to, any firearm, rifle, shotgun or\nmachine-gun displaying a color finish other than the original\nmanufacture color, a decorative pattern or plastic like surface;\nprovided, however, that any rifle or shotgun displaying a camouflage\ncolor finish or pattern that is intended for hunting, as defined by\narticle eleven of the environmental conservation law, shall not be\nconsidered a "disguised gun" for purposes of this section.\n 21. "Semiautomatic" means any repeating rifle, shotgun or pistol,\nregardless of barrel or overall length, which utilizes a portion of the\nenergy of a firing cartridge or shell to extract the fired cartridge\ncase or spent shell and chamber the next round, and which requires a\nseparate pull of the trigger to fire each cartridge or shell.\n 22. "Assault weapon" means\n (a) a semiautomatic rifle that has an ability to accept a detachable\nmagazine and has at least one of the following characteristics:\n (i) a folding or telescoping stock;\n (ii) a pistol grip that protrudes conspicuously beneath the action of\nthe weapon;\n (iii) a thumbhole stock;\n (iv) a second handgrip or a protruding grip that can be held by the\nnon-trigger hand;\n (v) a bayonet mount;\n (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded\nbarrel designed to accommodate a flash suppressor, muzzle break, or\nmuzzle compensator;\n (vii) a grenade launcher; or\n (b) a semiautomatic shotgun that has at least one of the following\ncharacteristics:\n (i) a folding or telescoping stock;\n (ii) a thumbhole stock;\n (iii) a second handgrip or a protruding grip that can be held by the\nnon-trigger hand;\n (iv) a fixed magazine capacity in excess of seven rounds;\n (v) an ability to accept a detachable magazine; or\n (c) a semiautomatic pistol that has an ability to accept a detachable\nmagazine and has at least one of the following characteristics:\n (i) a folding or telescoping stock;\n (ii) a thumbhole stock;\n (iii) a second handgrip or a protruding grip that can be held by the\nnon-trigger hand;\n (iv) capacity to accept an ammunition magazine that attaches to the\npistol outside of the pistol grip;\n (v) a threaded barrel capable of accepting a barrel extender, flash\nsuppressor, forward handgrip, or silencer;\n (vi) a shroud that is attached to, or partially or completely\nencircles, the barrel and that permits the shooter to hold the firearm\nwith the non-trigger hand without being burned;\n (vii) a manufactured weight of fifty ounces or more when the pistol is\nunloaded; or\n (viii) a semiautomatic version of an automatic rifle, shotgun or\nfirearm;\n (d) a revolving cylinder shotgun;\n (e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic\npistol or weapon defined in subparagraph (v) of paragraph (e) of\nsubdivision twenty-two of section 265.00 of this chapter as added by\nchapter one hundred eighty-nine of the laws of two thousand and\notherwise lawfully possessed pursuant to such chapter of the laws of two\nthousand prior to September fourteenth, nineteen hundred ninety-four;\n (f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic\npistol or weapon defined in paragraph (a), (b) or (c) of this\nsubdivision, possessed prior to the date of enactment of the chapter of\nthe laws of two thousand thirteen which added this paragraph;\n (g) provided, however, that such term does not include:\n (i) any rifle, shotgun or pistol that (A) is manually operated by\nbolt, pump, lever or slide action; (B) has been rendered permanently\ninoperable; or (C) is an antique firearm as defined in 18 U.S.C.\n921(a)(16);\n (ii) a semiautomatic rifle that cannot accept a detachable magazine\nthat holds more than five rounds of ammunition;\n (iii) a semiautomatic shotgun that cannot hold more than five rounds\nof ammunition in a fixed or detachable magazine; or\n (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,\nspecified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured\non October first, nineteen hundred ninety-three. The mere fact that a\nweapon is not listed in Appendix A shall not be construed to mean that\nsuch weapon is an assault weapon;\n (v) any weapon validly registered pursuant to subdivision sixteen-a of\nsection 400.00 of this chapter. Such weapons shall be subject to the\nprovisions of paragraph (h) of this subdivision;\n (vi) any firearm, rifle, or shotgun that was manufactured at least\nfifty years prior to the current date, but not including replicas\nthereof that is validly registered pursuant to subdivision sixteen-a of\nsection 400.00 of this chapter;\n (h) Any weapon defined in paragraph (e) or (f) of this subdivision may\nonly be sold to, exchanged with or disposed of to a purchaser authorized\nto possess such weapons or to an individual or entity outside of the\nstate provided that any such transfer to an individual or entity outside\nof the state must be reported to the entity wherein the weapon is\nregistered within seventy-two hours of such transfer. An individual who\ntransfers any such weapon to an individual inside New York state or\nwithout complying with the provisions of this paragraph shall be guilty\nof a class A misdemeanor.\n 23. "Large capacity ammunition feeding device" means a magazine, belt,\ndrum, feed strip, or similar device, that has a capacity of, or that can\nbe readily restored or converted to accept, more than ten rounds of\nammunition; provided, however, that such term does not include an\nattached tubular device designed to accept, and capable of operating\nonly with, .22 caliber rimfire ammunition or a feeding device that is a\ncurio or relic. A feeding device that is a curio or relic is defined as\na device that (i) was manufactured at least fifty years prior to the\ncurrent date, (ii) is only capable of being used exclusively in a\nfirearm, rifle, or shotgun that was manufactured at least fifty years\nprior to the current date, but not including replicas thereof, (iii) is\npossessed by an individual who is not prohibited by state or federal law\nfrom possessing a firearm and (iv) is registered with the division of\nstate police pursuant to subdivision sixteen-a of section 400.00 of this\nchapter, except such feeding devices transferred into the state may be\nregistered at any time, provided they are registered within thirty days\nof their transfer into the state. Notwithstanding paragraph (h) of\nsubdivision twenty-two of this section, such feeding devices may be\ntransferred provided that such transfer shall be subject to the\nprovisions of section 400.03 of this chapter including the check\nrequired to be conducted pursuant to such section.\n 24. "Seller of ammunition" means any person, firm, partnership,\ncorporation or company who engages in the business of purchasing,\nselling or keeping ammunition.\n 25. "Qualified retired New York or federal law enforcement officer"\nmeans an individual who is a retired police officer as police officer is\ndefined in subdivision thirty-four of section 1.20 of the criminal\nprocedure law, a retired peace officer as peace officer is defined in\nsection 2.10 of the criminal procedure law or a retired federal law\nenforcement officer as federal law enforcement officer is defined in\nsection 2.15 of the criminal procedure law, who: (a) separated from\nservice in good standing from a public agency located in New York state\nin which such person served as either a police officer, peace officer or\nfederal law enforcement officer; and (b) before such separation, was\nauthorized by law to engage in or supervise the prevention, detection,\ninvestigation, or prosecution of, or the incarceration of any person\nfor, any violation of law, and had statutory powers of arrest, pursuant\nto their official duties, under the criminal procedure law; and (c) (i)\nbefore such separation, served as either a police officer, peace officer\nor federal law enforcement officer for five years or more and at the\ntime of separation, is such an officer; or (ii) separated from service\nwith such agency, after completing any applicable probationary period of\nsuch service, due to a service-connected disability, as determined by\nsuch agency at or before the time of separation; and (d)(i) has not been\nfound by a qualified medical professional employed by such agency to be\nunqualified for reasons relating to mental health; or (ii) has not\nentered into an agreement with such agency from which the individual is\nseparating from service in which that individual acknowledges he or she\nis not qualified for reasons relating to mental health; and (e) is not\notherwise prohibited by New York or federal law from possessing any\nfirearm.\n 26. "Rapid-fire modification device" means any bump stock, trigger\ncrank, binary trigger system, burst trigger system, pistol converter, or\nany other device that is designed to accelerate the rate of fire of a\nsemi-automatic firearm, rifle or shotgun.\n 27. "Bump stock" means any device or instrument that increases the\nrate of fire achievable with a semi-automatic firearm, rifle or shotgun\nby using energy from the recoil of the weapon to generate a\nreciprocating action that facilitates repeated activation of the\ntrigger.\n 28. "Trigger crank" means any device or instrument that repeatedly\nactivates the trigger of a semi-automatic firearm, rifle or shotgun\nthrough the use of a lever or other part that is turned in a circular\nmotion and thereby accelerates the rate of fire of such firearm, rifle\nor shotgun, provided, however, that "trigger crank" shall not include\nany weapon initially designed and manufactured to fire through the use\nof a crank or lever.\n 29. "Binary trigger system" means any device that, when installed in\nor attached to a semi-automatic firearm rifle, or shotgun causes that\nweapon to fire once when the trigger is pulled and again when the\ntrigger is released.\n 30. "Burst trigger system" means any device that, when installed in or\nattached to a semi-automatic firearm, rifle, or shot gun, allows that\nweapon to discharge two or more shots with a single pull or the trigger\nby altering the trigger reset.\n 31. "New York state 4-H certified shooting instructor" means a\ncertified shooting sports instructor of the National 4-H Shooting\nSports, a non-profit organization, engaged in shooting education and\nyouth development programming that is administered by the National\nInstitute of Food and Agriculture of the United States department of\nagriculture.\n * 32. "Unfinished frame or receiver" means any unserialized material\nthat does not constitute the frame or receiver of a firearm, rifle or\nshotgun but that has been shaped or formed in any way for the purpose of\nbecoming the frame or receiver of a firearm, rifle or shotgun, and which\nmay readily be made into a functional frame or receiver through milling,\ndrilling or other means.\n * NB There are 2 sb 32's\n * 32. "Ghost gun" means a firearm, rifle or shotgun that does not\ncomply with the provisions of section 265.07 of this article and is not\nserialized.\n * NB There are 2 sb 32's\n 33. "Microstamp" means a unique alphanumeric or geometric code that\nidentifies the make, model, and serial number of a firearm.\n 34. "Microstamping component" means a component part of a\nsemi-automatic pistol that will produce a microstamp on at least one\nlocation of the expended cartridge case each time the pistol is fired.\n 35. "Microstamping-enabled pistol" means any semiautomatic pistol that\ncontains a microstamping component.\n * 36. "Pistol converter" means any device or instrument that when\ninstalled in or attached to the slide of a semi-automatic pistol\ninterferes with the trigger mechanism and thereby enables the pistol to\ndischarge a number of shots or bullets rapidly or automatically with one\ncontinuous pull of the trigger.\n * NB Effective until August 25, 2026\n * 36. "Pistol converter" means any device or instrument that, when\ninstalled in or attached to the rear of the slide of a semi-automatic\npistol, replaces the backplate and interferes with the trigger mechanism\nand thereby enables the pistol to discharge a number of shots or bullets\nrapidly or automatically with one continuous pull of the trigger.\n * NB Effective August 25, 2026\n * 37. "Convertible pistol" means any semi-automatic pistol with a\ncruciform trigger bar that can be readily altered by hand or with common\nhousehold tools so that it can be converted into a machine-gun by the\ninstallation or attachment of a pistol converter. As used in this\nsubdivision, "common household tools" means screwdrivers, pipe wrenches,\npliers, hacksaws, crowbars, electric drills or rotary tools, hammers,\nchisels, files, and crescent wrenches. "Convertible pistol" does not\ninclude hammer-fired semi-automatic pistols or any striker-fired\nsemi-automatic pistol lacking a cruciform trigger bar. A notch, tab, or\nother piece of material on a pistol frame is not sufficient to prevent\nready alteration so that the pistol can be converted into a machine-gun\nby the installation or attachment of a pistol converter, and will not\nprevent such pistol from qualifying as a convertible pistol under this\nsubdivision, if such notch, tab, or other piece of material can be\nreadily removed with common household tools.\n * NB Effective August 25, 2026\n * 38. "Three-dimensional printer" means:\n (a) any machine capable of rendering a three-dimensional object from a\ndigital design file using additive manufacturing; or\n (b) any machine capable of making three-dimensional modifications to\nan object from a digital design file using subtractive manufacturing.\n * NB Effective August 25, 2026\n * 39. "Digital firearm manufacturing code" means any digital\ninstructions in the form of computer-aided design files or other code or\ninstructions stored and displayed in electronic format as a digital\nmodel that may be used to program a three-dimensional printer or a\ncomputer numerical control (CNC) milling machine to manufacture or\nproduce any firearm, rifle, shotgun, ghost gun, unfinished frame or\nreceiver, firearm silencer, rapid-fire modification device or major\ncomponent of a firearm.\n * NB Effective August 25, 2026\n * 40. "Cruciform trigger bar" means a component in a semi-automatic\npistol that serves as a linkage between the trigger and the firing pin\nand has its sear incorporated in a cross-shaped surface.\n * NB Effective August 25, 2026\n