State Legality MatrixSuppressorsNew York
Statute-cited, last verified 2026-07-10 · State detail verified 2026-07-31
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
Contested entry
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.
The statute in practice
New York Penal Law sections 265.00 and 265.02 place a firearm silencer within the state's weapons definitions and possession offenses. The state provisions apply independently of ATF's federal registration process.
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.
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.
Common questions
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.
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.
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.