New York City has two definitions of firearm. The New York City Charter has a broader meaning of firearm to include any firearm (defined by the New York Administrative Code), rifle, shotgun, assault weapon, or machine gun. The New York City Administrative Code more narrowly defines firearm as any pistol or revolver, a shotgun having a barrel(s) less than eighteen inches in length, a rifle having a barrel(s) less than sixteen inches in length, or any weapon made from a shotgun or rifle with an overall length of less than 26 inches. Assault weapons (defined in the NYC Administrative code) are not considered firearms except as specifically provided, making this second definition different than the New York State Law. READ ALL
The definition of assault weapon includes semiautomatic center fire or rimfire rifle or semiautomatic shotgun, which has one or more of the following features:
- folding or telescoping stock or no stock;
- pistol grip that protrudes conspicuously beneath the action of the weapon;
- bayonet mount;
- flash suppressor or threaded barrel designed to accommodate a flash suppressor;
- barrel shroud;
- grenade launcher.
In addition, the Commissioner shall, by rule, designate specific semiautomatic center fire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer’s name, as within the definition of assault weapon, if the Commissioner determines that such weapons are particularly suitable for military and not sporting purposes, which includes:
- Any shotgun with a revolving-cylinder magazine;
- Any part, or combination of parts, designed or redesigned or intended to readily convert a rifle or shotgun into an assault weapon.
The definition of an assault weapon shall not include any rifle or shotgun modified to render it permanently inoperative.
It is unlawful for any person to possess or dispose of an assault weapon except for members of the military, persons employed with defense contracts for testing, and persons voluntarily surrendering an assault weapon to the Police Commissioner.
Ammunition feeding device means magazines, belts, feedstrips, drums or clips capable of being attached to or utilized with firearms, rifles, shotguns or assault weapons.
The presence of a rifle, or shotgun, or rifle or shotgun ammunition, in a vehicle, room, dwelling or structure, without a rifle and shotgun permit therefore and a certificate of registration therefore, or the presence of an assault weapon in a vehicle, room, dwelling or structure, shall be presumptive evidence of possession thereof by all persons occupying the vehicle, room, dwelling or structure at the time.
It is unlawful to alter, change, remove, disfigure, obliterate or deface the name of the make, model, manufacturer’s or serial number of a rifle, shotgun, handgun, or assault weapon.
Whenever the Mayor declares a state of emergency in New York City, the following activities are prohibited:
- the sale or transfer of possession of any ammunition, guns and other firearms of any size description;
- the displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description;
- the possession in a public place of a rifle or shotgun by any person, except police or military in performance of official duty;
- the possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the Police Commissioner.
It is unlawful to fire or discharge any gun, pistol, rifle, fowling piece or other firearm in the City, except for certain premises designated by the Police Commissioner.
Non-residents of New York City may apply for a rifle or shotgun permit subject to the same conditions, regulations, and requirements as residents of New York City. HIDE