New York Suppressor Laws 2026: Ownership, Use & Hunting

New York Penal Law section 265.00 defines a firearm silencer, section 265.02 makes possessing one criminal possession of a weapon in the third degree, a class D felony, and section 265.10 separately covers manufacturing, transporting, and disposing of one. 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 using a silencer in hunting or possessing one in the fields, forests, or waters of the state.

Suppressors are federally legal to own. 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. Since October 9, 2026, ATF does not enforce the NFA's Form 4 and Form 1 approval and registration requirements for suppressors, SBRs, SBSs, and AOWs, as a matter of enforcement discretion announced by Attorney General Todd Blanche after the Justice Department did not appeal the August 5, 2026 Silencer Shop Foundation v. ATF ruling, whose injunction covers only the plaintiffs, their members, and their customers. ATF also does not enforce the NFA prohibitions on making, receiving, transferring, or possessing an unregistered suppressor (other than 26 U.S.C. 5861(h) and (k)), the 5861(j) ban on interstate transport of unregistered items, or the NFA marking requirement. This is enforcement discretion, not repeal: the statute remains, ATF says enforcement could resume if Congress imposes a new tax, the injunction is dissolved or overturned, or the department rescinds its guidelines, and there is no automatic grandfathering for unregistered items. ATF still accepts Form 1 and Form 4 voluntarily and maintains the NFRTR. Dealer transfers keep the Form 4473 and NICS background check under the Gun Control Act, FFLs generally sell only to residents of their own state, and they may not transfer in violation of state or local law. A suppressor does not need Form 5320.20 for interstate travel. Most states tie suppressor possession to federal registration or NFA compliance, and ATF says it cannot opine on whether an unregistered suppressor held under its enforcement discretion counts as lawfully held for state purposes; ATF also flags that it is unclear whether state courts will apply the 18 U.S.C. 926A transport safe harbor to unregistered NFA items.

Federal baseline verified 2026-10-09. Scope: Firearm suppressors (silencers) as defined by the NFA. Since October 9, 2026, ATF does not enforce federal NFA approval and registration for suppressors; dealer transfers still run Form 4473 and NICS, and many states still condition possession on federal registration. Manufacturer transfer programs are tracked separately from this state possession matrix.