What Guns Are Legal in NY Without a Permit? Rifle and Shotgun Rules (2026)
Short answerPartly. Outside New York City, adults 18 and older can buy bolt-action, pump-action, lever-action and single-shot rifles and most shotguns without a state license. Handguns and semiautomatic rifles need a license, assault weapons are banned, and New York City requires a permit for every rifle and shotgun (Penal Law Article 265).
Last verified: November 6, 2026 against Penal Law Article 265, Penal Law § 400.03 and NYPD License Division guidance
What guns are legal in NY without a permit? The honest answer depends on the type of gun, your age and where you live. Most people searching this want to know which rifles and shotguns they can own outside New York City without applying for a license first, and where the line falls once a gun has features the SAFE Act bans.
This page covers state law for ordinary rifles, shotguns, air rifles and suppressors. It is general information, not legal advice. For handguns, carry licenses and other topics, see our New York gun laws overview.
Key facts
- No state license: bolt-action, pump-action, lever-action and single-shot rifles, and most shotguns, outside New York City.
- License required: handguns, and the purchase of most semiautomatic rifles (applicants are generally 21 or older).
- Banned: assault weapons as defined in
Penal Law § 265.00(22), large capacity magazines over 10 rounds and firearm silencers. - Purchase age: 18 for a long gun at a licensed dealer, with a background check.
- New York City: a separate NYPD permit is needed to possess any rifle or shotgun.
Which rifles and shotguns are legal in NY without a permit?
Rifles and shotguns that are not semiautomatic need no state license outside New York City. That covers bolt-action, pump-action, lever-action and single-shot designs. You still have to be 18 or older and pass a background check when you buy.
| Type of gun | State license needed outside NYC? | Notes |
|---|---|---|
| Bolt-action, pump-action or single-shot rifle | No | Buy through a licensed dealer; age 18 or older |
| Lever-action rifle | No | Treated like other non-semiautomatic rifles |
| Pump-action or break-action shotgun | No | Barrel at least 18 inches and overall length at least 26 inches |
| Semiautomatic rifle (not an assault weapon) | Yes, for the purchase | Applicants are generally 21 or older |
| Semiautomatic shotgun (not an assault weapon) | No | Must have no banned feature, such as a detachable magazine |
| Handgun | Yes | Pistol license required in all of New York |
A short-barreled gun is treated as a firearm. Under Penal Law § 265.00(3), a shotgun with a barrel under 18 inches, a rifle with a barrel under 16 inches, or a cut-down long gun under 26 inches overall is a firearm that needs a license.
What rifles are legal in New York State?
Most hunting and sporting rifles are legal, including bolt-action and lever-action models. The key question is whether the rifle is semiautomatic and whether it can take a detachable magazine.
Are lever-action rifles legal in NY?
Yes. A lever-action rifle is not semiautomatic, so outside New York City you can buy one at age 18 or older without a state license. The assault weapon definition in Penal Law § 265.00(22) excludes rifles operated by bolt, pump, lever or slide action.
Are semiautomatic rifles legal in NY?
Some are. Since September 4, 2022, a person must hold a semiautomatic rifle license under Penal Law § 400.00 to buy or take possession of most semiautomatic rifles. Applicants are generally 21 or older. Owners who held a semiautomatic rifle before that date did not need the license to keep it.
A semiautomatic rifle becomes a banned assault weapon if it can accept a detachable magazine and has at least one listed feature. Those features are a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action, a thumbhole stock, a second handgrip, a bayonet mount, a flash suppressor, muzzle brake, muzzle compensator or threaded barrel designed to accommodate a flash suppressor, or a grenade launcher. A semiautomatic rifle that cannot accept a detachable magazine holding more than five rounds is excluded.
What shotguns are legal in New York State?
Pump-action and break-action shotguns are legal outside New York City with no state license. Semiautomatic shotguns are legal only if they avoid the features that make them assault weapons.
Are semi auto shotguns legal in NY?
Yes, with limits. Under Penal Law § 265.00(22)(b), a semiautomatic shotgun is an assault weapon if it has any one of these: a folding or telescoping stock, a thumbhole stock, a second handgrip or protruding grip that the non-trigger hand can hold, a fixed magazine holding more than seven rounds, or the ability to accept a detachable magazine. A revolving cylinder shotgun is also banned. A semiautomatic shotgun that cannot hold more than five rounds is excluded.
Are pistol grip shotguns legal in NY?
It depends on the grip. A pistol grip is not on the statute’s feature list for shotguns, but a second handgrip or protruding grip that can be held by the non-trigger hand is. Check the exact model against the statute or ask the New York State Police before you buy.
SAFE Act shotgun check: if a semiautomatic shotgun takes a detachable magazine, it is an assault weapon on that fact alone. Fixed-magazine models are the ones that can be legal.
Are air rifles and suppressors legal in NY?
Are air rifles legal in NY?
State law does not list air rifles as firearms, so no state license applies. But Penal Law § 265.05 makes it unlawful for anyone under 16 to possess an air gun or spring gun, with limited exceptions such as hunting under the Environmental Conservation Law. Cities and counties can add their own limits. A pending bill in the Legislature (S9215/A10701) would change the imitation weapon rules for BB, pellet and air guns, including an 18 minimum purchase age, but it has not become law.
Are rifle suppressors legal in NY?
No. A firearm silencer is defined in Penal Law § 265.00(2), and possessing one is criminal possession of a weapon in the third degree under Penal Law § 265.02(2), a class D felony. That applies to a rifle suppressor too.
What counts as an illegal gun in New York?
| Item | Charge | Level |
|---|---|---|
| Unlicensed firearm (handgun, short-barreled long gun) | Criminal possession of a weapon, 4th degree (§ 265.01) | Class A misdemeanor |
| Unlicensed firearm, felony version | Criminal possession of a firearm (§ 265.01-b) | Class E felony |
| Assault weapon | Criminal possession, 3rd degree (§ 265.02(7)) | Class D felony |
| Magazine over 10 rounds | Criminal possession, 3rd degree (§ 265.02(8)) | Class D felony |
| Firearm silencer | Criminal possession, 3rd degree (§ 265.02(2)) | Class D felony |
| Any loaded firearm outside home or business | Criminal possession, 2nd degree (§ 265.03) | Class C felony |
Under Penal Law § 70.15, a class A misdemeanor carries up to 364 days in jail. Under Penal Law § 70.00, the maximum indeterminate term is 4 years for a class E felony, 7 years for class D and 15 years for class C, though many first offenders receive less.
How do you buy a rifle or shotgun in NY?
- Buy from a licensed dealer. Private sales must go through a dealer for a background check, except transfers between immediate family.
- Show valid New York identification and complete ATF Form 4473. The dealer runs a National Instant Criminal Background Check through the State Police.
- Pay for ammunition at a registered seller. Under
Penal Law § 400.03, ammunition sellers register with the State Police and must check a database before a transfer. - Store the gun safely, especially around anyone under 16.
What are the New York City rules?
New York City is different. Subject to limited exceptions, you need a permit from the NYPD License Division to possess any rifle or shotgun in the five boroughs, whatever its action type. Applications are filed online with the License Division. Our guns, knives and self-defense section covers related city and state topics.
New York City note: a rifle you can lawfully own in Buffalo or Albany is not automatically legal to keep in Brooklyn. Get the NYPD permit first.
Timeline of New York long gun law
- January 15, 2013: the SAFE Act is signed, rewriting the assault weapon definitions in Article 265.
- June 23, 2022: NYSRPA v. Bruen strikes the proper cause rule for carry licenses, which does not change the long gun rules above.
- September 4, 2022: the semiautomatic rifle license requirement begins for transfers on or after that date.
Myths and facts
- Myth: You never need a license for a rifle in New York. Fact: Semiautomatic rifles need one, and New York City needs a permit for every rifle.
- Myth: A shotgun is always legal. Fact: A semiautomatic shotgun with a detachable magazine is an assault weapon.
- Myth: A suppressor is legal if the federal paperwork is done. Fact: New York still makes possession a class D felony.
What should you do if you are charged?
Do not answer questions about the gun without a lawyer. Write down where and how you got it, keep the receipt and dealer paperwork, and do not move or sell the gun. Gun cases often turn on the exact model and its features, so a New York-licensed criminal defense attorney can have the gun checked against the statute. For more on defending yourself legally, see New York self defense laws.
Frequently asked questions
Can you own a rifle in NY without a license?
Yes, outside New York City, if it is a bolt-action, pump-action, lever-action or single-shot rifle and you are 18 or older. Semiautomatic rifles need a license to buy, and New York City requires a permit for all rifles.
Can an 18-year-old buy a shotgun in NY?
Yes. Outside New York City, an 18-year-old can buy a non-semiautomatic shotgun from a licensed dealer after a background check. The semiautomatic rifle license is generally limited to applicants 21 or older.
Is an AR-15 legal in NY?
Only a version that is not an assault weapon. An AR-15 with a detachable magazine and a banned feature, such as a pistol grip or telescoping stock, is illegal. Buying a compliant semiautomatic rifle also requires a license.
Do you need a permit to own a BB gun in NY?
Not under state law, which does not treat air guns as firearms. Anyone under 16 may not possess one under Penal Law § 265.05, and some localities add their own rules.
Can you carry a loaded rifle in a car in NY?
Be careful. Possessing a loaded firearm outside your home or business can be charged as criminal possession of a weapon in the second degree, a class C felony. Hunters should follow the Environmental Conservation Law rules for carrying guns in vehicles.
What changed on this page
- November 6, 2026: first publication, checked against Penal Law §§ 265.00, 265.01, 265.02, 265.03, 265.05 and 400.03 and the NYPD License Division. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For a license or permit, contact your county licensing officer, the New York State Police or, in the five boroughs, the NYPD License Division. For a charge or a seized gun, talk to a New York-licensed criminal defense attorney. The New York State Bar Association lawyer referral service can help you find one.
