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Legal Reference

NYS Compliance Laws

Know what's legal before you buy. The links below connect directly to official New York State sources, federal agencies, and trusted legal references.

Disclaimer: This page is provided for informational purposes only and does not constitute legal advice. Laws change — always verify with an attorney or official source before making any purchase or decision.

Quick Reference

Key rules every New York firearms owner should know at a glance.

Magazine Capacity
  • ›Detachable firearm magazines are limited to 10 rounds in New York State.
  • ›Magazines capable of holding more than 10 rounds are prohibited unless they fall under a specific legal exception.
AR-15 / Semi-Automatic Rifle Restrictions
  • ›A semi-automatic rifle with a detachable magazine cannot have prohibited military-style features — such as a pistol grip, adjustable stock, flash suppressor, or threaded barrel — unless configured to comply with New York law.
  • ›Many NY-compliant AR-style rifles use a featureless configuration or a fixed magazine to meet state requirements.
Semi-Automatic Rifle (SAR) License Requirement
  • ›As of September 4, 2023, New York State requires a Semi-Automatic Rifle License (SAR License) to purchase or take possession of any semi-automatic rifle.
  • ›The SAR License is issued through your county licensing authority and requires a background investigation, firearms safety training, and approval before any semi-automatic rifle can be transferred to you.
  • ›This requirement applies to all semi-automatic rifles — including NY-compliant featureless and fixed-magazine configurations.
  • ›Shilling Tactical cannot complete a transfer of a semi-automatic rifle until a valid SAR License is presented at the time of transfer.
Handgun Purchases
  • ›A valid New York pistol license is required before purchasing or taking possession of a handgun.
  • ›All handgun transfers must be processed through a licensed dealer and include a background check.
NFA Items — Federal Non-Enforcement Does Not Override NYS Law
  • ›Even if the ATF is not currently enforcing certain NFA provisions at the federal level, New York State independently prohibits most NFA items — including suppressors, short-barreled rifles (SBRs), and machine guns — under NY Penal Law.
  • ›Federal non-enforcement does not grant any legal protection under New York State law. Possession of a prohibited NFA item in New York remains a state criminal offense regardless of federal enforcement posture.
  • ›Do not assume that a change in federal policy makes an NFA item legal to possess in New York. Always verify current NYS law before acquiring any NFA item.
Ammunition Purchases
  • ›Ammunition purchases require a background check under New York law.
  • ›The NYS background check fee applies per transaction.
Concealed Carry
  • ›You must possess a valid New York concealed carry license to legally carry a concealed handgun.
  • ›New York does not recognize concealed carry permits issued by most other states.
  • ›The Concealed Carry Improvement Act (2022) significantly expanded the list of sensitive locations where carry is prohibited — even with a valid license.
Sensitive Locations
  • ›Even with a concealed carry license, firearms are prohibited in many designated sensitive locations, including schools, government buildings, houses of worship, public transit, and other locations defined by state law.
  • ›Always verify whether carry is permitted before entering any location.
Transporting Firearms
  • ›When transporting a firearm, follow all applicable state and federal laws.
  • ›If a firearm must be left unattended in a vehicle, New York generally requires it to be unloaded, secured in a locked storage container, and kept out of plain sight.
Safe Storage at Home
  • ›New York's Safe Storage Law requires firearms to be stored securely when not in use, particularly in homes where children or prohibited persons may be present.
  • ›A quality gun safe or locking device is required by law and strongly recommended for every firearm owner.
Private Sales
  • ›All private firearm transfers in New York must be processed through a licensed firearms dealer and include the required background check. Private party transfers without an FFL are prohibited.
Family-to-Family Transfers — Both Parties in New York
  • ›New York law permits certain immediate family members to transfer firearms to one another without a commercial sale — but the transfer is NOT exempt from the FFL and background check requirements.
  • ›Eligible family members generally include spouses, domestic partners, children, stepchildren, parents, and siblings. Cousins, aunts, uncles, and in-laws do not qualify for the family transfer exemption.
  • ›HANDGUNS: The receiving family member must already hold a valid New York pistol license (or SAR License for semi-automatic rifles) before the transfer can occur. The firearm must be brought to a licensed dealer (FFL) — such as Shilling Tactical — who will run the required background check and process the transfer paperwork (ATF Form 4473). The handgun must then be added to the recipient's pistol permit by their county licensing authority.
  • ›LONG GUNS (rifles and shotguns): The transfer must still go through an FFL for the background check. The receiving family member must not be a prohibited person under state or federal law.
  • ›SEMI-AUTOMATIC RIFLES: Even in a family transfer, the recipient must present a valid SAR License before the firearm can be transferred. No exceptions.
  • ›Do not hand a firearm directly to a family member — even temporarily — without completing the proper transfer process. Doing so may constitute an illegal transfer under New York law.
Family-to-Family Transfers — One Party Out of State
  • ›When one party in a family firearm transfer lives outside of New York, federal law governs the transaction and additional steps are required.
  • ›TRANSFERRING TO AN OUT-OF-STATE FAMILY MEMBER: A New York resident cannot legally hand a firearm directly to an out-of-state family member. The firearm must be shipped or delivered to a licensed dealer (FFL) in the recipient's home state. That FFL will conduct the background check and complete the transfer under the laws of the recipient's state.
  • ›RECEIVING FROM AN OUT-OF-STATE FAMILY MEMBER: If an out-of-state family member wants to transfer a firearm to a New York resident, the firearm must be shipped to a New York FFL — such as Shilling Tactical. The New York FFL will process the transfer, run the background check, and ensure all NYS requirements are met (pistol license for handguns, SAR License for semi-automatic rifles).
  • ›HANDGUNS ACROSS STATE LINES: Federal law (18 U.S.C. § 922) generally prohibits transferring a handgun directly to a resident of another state, even between family members. All interstate handgun transfers must go through an FFL in the recipient's state — no exceptions.
  • ›LONG GUNS ACROSS STATE LINES: Interstate transfers of rifles and shotguns may be completed through an FFL in either state, provided the transfer complies with the laws of both the transferor's and recipient's states.
  • ›Attempting to bypass the FFL requirement in an interstate transfer — even between close family members — is a federal felony. Always work through a licensed dealer when a state line is involved.
When in Doubt — Ask
  • ›Firearm laws change frequently. If you're unsure whether a firearm, magazine, accessory, or configuration is compliant under current NYS law, ask before you buy or modify it.
  • ›Shilling Tactical is here to help you stay legal and informed.

NY SAFE Act & Banned Firearms

The 2013 NY SAFE Act defines assault weapons, banned features, and registration requirements for firearms in New York State.

Magazine Capacity Limits

New York limits magazine capacity to 10 rounds. Magazines manufactured after 1994 with a capacity over 10 rounds are prohibited.

Pistol Permits & SAR Licenses

New York requires a pistol permit to purchase, possess, or carry a handgun. As of September 4, 2023, a separate Semi-Automatic Rifle License is also required to purchase any semi-automatic rifle.

NFA Items — Suppressors, SBRs & Machine Guns

Most NFA items — including suppressors, short-barreled rifles, and machine guns — are prohibited under New York State law regardless of federal enforcement posture. Even if the ATF is not currently enforcing certain NFA provisions at the federal level, New York State independently criminalizes possession of these items under NY Penal Law. Federal non-enforcement does not provide any protection under state law.

Background Checks & Transfers

All firearm transfers in New York must go through a licensed dealer (FFL). New York also requires background checks on all ammunition purchases.

Family-to-Family Firearm Transfers

New York permits certain immediate family transfers but does not exempt them from FFL processing, background checks, or licensing requirements. Interstate family transfers are governed by federal law and always require an FFL in the recipient's state.

Transportation & Storage

New York has strict rules on how firearms must be transported and stored, especially in vehicles and homes with children.

Federal Firearms Laws

Federal law sets the baseline for all firearms regulations nationwide. New York adds additional restrictions on top of federal law. Changes in federal enforcement policy do not override or supersede New York State law.

Have a question about what's legal in New York? Schedule a consultation with our team.