State Legality MatrixSuppressorsNew York
Statute-cited, last verified 2026-08-20
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.
Ordinary civilian suppressor hunting is unlawful because possession is banned. Environmental Conservation Law section 11-0931 also separately prohibits a silencer in the fields, forests, or waters of the state.
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 still required for buyers outside the party-specific Silencer Shop Foundation v. ATF injunction that took effect August 13, 2026. On August 29, 2026 ATF Director Robert Cekada said the agency is following the order, will not take enforcement action against protected parties inconsistent with the ruling, and is drafting formal guidance that addresses federal and state law interactions, to be posted online when complete; that statement covers the injunction's protected parties only and changes nothing for other buyers. Dealer transfers keep the Form 4473 and NICS background check for everyone under the Gun Control Act. ATF's standing FAQ says lawful interstate transport of a silencer does not require Form 5320.20. SilencerCo's August 31 guidance says the interstate treatment of an unregistered suppressor acquired through its Form 4473 pathway remains unresolved under 26 U.S.C. 5861(j), strongly encourages buyers to keep those suppressors in the purchase state, and recommends the traditional Form 4 for buyers who travel or use trusts. Several states separately require federal registration, approval, or NFA compliance. No controlling state guidance currently says the federal injunction satisfies those state-law conditions for an unregistered suppressor.
Federal baseline verified 2026-09-01. 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 for buyers outside the Silencer Shop Foundation v. ATF injunction. Manufacturer transfer programs are tracked separately from this state possession matrix.
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 still required for buyers outside the party-specific Silencer Shop Foundation v. ATF injunction that took effect August 13, 2026. On August 29, 2026 ATF Director Robert Cekada said the agency is following the order, will not take enforcement action against protected parties inconsistent with the ruling, and is drafting formal guidance that addresses federal and state law interactions, to be posted online when complete; that statement covers the injunction's protected parties only and changes nothing for other buyers. Dealer transfers keep the Form 4473 and NICS background check for everyone under the Gun Control Act. ATF's standing FAQ says lawful interstate transport of a silencer does not require Form 5320.20. SilencerCo's August 31 guidance says the interstate treatment of an unregistered suppressor acquired through its Form 4473 pathway remains unresolved under 26 U.S.C. 5861(j), strongly encourages buyers to keep those suppressors in the purchase state, and recommends the traditional Form 4 for buyers who travel or use trusts. Several states separately require federal registration, approval, or NFA compliance. No controlling state guidance currently says the federal injunction satisfies those state-law conditions for an unregistered suppressor.
Ordinary civilian suppressor hunting is unlawful because possession is banned. Environmental Conservation Law section 11-0931 also separately prohibits a silencer in the fields, forests, or waters of the state.