State Legality Matrix / Suppressors / New York

Are Suppressors Legal in New York?

Statute-cited, last verified 2026-07-10

Banned

No. Possessing a firearm silencer is criminal possession of a weapon in the third degree, a class D felony.

Controlling law: N.Y. Penal Law § 265.02

Litigation Status and Details

The state ban applies even with an approved federal Form 4. Possession is also addressed under Penal Law §§ 265.00 and 265.01; a repeal bill was pending but not enacted as of 2026.

Federal baseline

Suppressors are federally legal to own under the NFA. As of January 1, 2026 the One Big Beautiful Bill Act (signed July 2025) zeroed the federal making and transfer tax on suppressors, formerly $200. Form 4 or Form 1, fingerprints, the NICS background check, and NFA registration are all still required; ATF eForm approvals currently run days to a couple of weeks.

Scope: Firearm suppressors (silencers) as defined by the NFA. Federal NFA compliance (Form 4 or Form 1, fingerprints, NICS, registration) is required everywhere they are legal.

Frequently Asked Questions

Are suppressors legal in New York?

No. Possessing a firearm silencer is criminal possession of a weapon in the third degree, a class D felony. Controlling law: N.Y. Penal Law § 265.02.

What law covers suppressors in New York?

The controlling law is N.Y. Penal Law § 265.02. Possessing a firearm silencer is criminal possession of a weapon in the third degree, a class D felony.

Are suppressors legal under federal law?

Suppressors are federally legal to own under the NFA. As of January 1, 2026 the One Big Beautiful Bill Act (signed July 2025) zeroed the federal making and transfer tax on suppressors, formerly $200. Form 4 or Form 1, fingerprints, the NICS background check, and NFA registration are all still required; ATF eForm approvals currently run days to a couple of weeks.

What New York Residents Can Still Buy

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