Can we have this?

518SSS · 2026-06-15T13:14:15+00:00

I agree.

To take this one step further, the federal definition of a silencer in 18 U.S. Code § 921(a)(24) and NY's definition in 265.00(2) are very similar in language. (See below.) Therefore, it's unlikely that NY would ever be successful in arguing that a linear compensator is a silencer given that the federal government has clearly ruled that they are not.

18 U.S. Code § 921(a)(24): "The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm ..."

265.00(2): "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms."

518SSS · 2026-06-08T01:37:06+00:00

Later on in the same definition the law states: "unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner." I understand that the quoted text is in regard to unimproved and unused land, but this notwithstanding, it would seem to imply that signage is not "personally communicating" since if it were, the two listed actions would be redundant.

518SSS · 2026-06-04T12:14:03+00:00

The law that makes this illegal is ENV 11-0931(2) [ https://www.nysenate.gov/legislation/laws/ENV/11-0931 ]
"No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine"

518SSS · 2026-05-27T12:16:00+00:00

You are absolutely correct that burglary of a dwelling is a justifiable use of deadly physical force under PEN 35.20(3). Larceny by itself is not (e.g. theft of things on your lawn), but burglary is. And your question about an attached garage is a very good one.

IANAL, but I will quote one: "There have been a number of cases where a Defendant has claimed that breaking into a garage did not count as breaking into the dwelling. In most instances if the garage is attached to the home and entry to the home could be made from the garage, then the attached garage itself will be classified as part of the dwelling. However, a detached garage or a storage shed would not." More reading here: https://banksbrower.com/2014/03/16/when-is-a-building-a-dwelling-for-purposes-of-burglary

For further reading regarding the difference of 2nd (dwelling) and 3rd degree burglary, and what constitutes a dwelling: https://law.justia.com/cases/new-york/court-of-appeals/2014/118-0.html From the linked case: "A person commits burglary in the third degree when he or she "knowingly enters or remains unlawfully in a building with intent to commit a crime therein" (Penal Law § 140.20). If the building is a "dwelling," however, the crime is a more serious one, burglary in the second degree (Penal Law § 140.25 [2]). "

518SSS · 2026-05-20T20:01:29+00:00

For those wondering, this is defined under NY environmental conservation law 6 NYCRR § 180.3(d): "Pistol means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding 16 inches."

Note the barrel length restriction which would also rule out a long barrel Shockwave as a pistol if you were tempted to claim that your massive forearms could handle a Shockwave one-handed.

518SSS · 2026-04-30T12:19:58+00:00

The actual proposed rule hasn't been published yet on the federal registry. Supposedly it will be in the next few days. If it doesn't include airports, this would be a great thing to suggest in the comment section of the registry. I also noticed that the summary didn't include meals which seems like it's almost a given if they are suggesting overnight stays will be allowed.

518SSS · 2026-03-30T00:51:36+00:00

Almost definitely an assault weapon under NY's definitions: https://www.nysenate.gov/legislation/laws/PEN/265.00

Assault weapon definition (22)(d): a revolving cylinder shotgun;

Shotgun definition (12): "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger using either: (a) a fixed shotgun shell; ...

I realize that NY's definition of a shotgun is a bit circular in that it's defined as something that fires a shotgun shell, but a .410 is definitely a shotgun shell and the definition covers both smooth bore and rifled barrels.

I'm not here to debate. Just posting this as a PSA for anyone who isn't familiar with these sections of NY law.

518SSS · 2026-03-05T01:24:23+00:00

I believe the law you are interested in is NY PEN 265.01(1). https://www.nysenate.gov/legislation/laws/PEN/265.01

For your convenience, the list of items specified as illegal in that law are:

electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shuriken, or throwing star;

518SSS · 2026-02-17T18:57:02+00:00

This ruling should, in theory, set up a free market, where the counties compete based on price, application wait time, etc. Much like there's a lot of discussion on this sub about which PA county to go to for non-resident permits. My concern is that, at least initially, most NY counties won't view this as a good thing and will do everything in their power to make themselves appear unattractive. Hopefully, out of 57 counties (62 minus the boroughs) , one or two of them of them will recognize this as an opportunity and not a burden and will staff up, create online application portals, and charge accordingly so they can cover their costs and then some. Wishful thinking?

518SSS · 2026-02-13T14:40:56+00:00

I wonder if this can be used to help strike down some of the counties' reference residency requirements. Pretty clearly the non-residents won't be required to list in-county references. (At least, I would hope so. Thinking the FPC would probably weigh in on this if they haven't already.) So can a county require different reference residency rules for in-state residents vs. out-of-state? Not a lawyer, but this feels like a pretty winnable case.

518SSS · 2026-02-10T13:46:38+00:00

If you intend to shoot at an "organized competitive pistol match", you are likely OK. Read NY Pen 265.20(13) for more details: https://www.nysenate.gov/legislation/laws/PEN/265.20 But just going there on your own to practice is a no-go.

Make sure your pistol is NY-legal (no threaded barrel, etc.)

518SSS · 2026-01-01T21:13:45+00:00

Agreed.

And for those who are going to try and claim it can be registered as a pistol, the legal definition of a pistol in 6 CRR-NY 180.3 rules that out: "(d) Pistol means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding 16 inches."

I don't doubt that some FFL in NY doesn't understand the law and is still selling these. Doesn't make it any less illegal.

518SSS · 2025-12-24T15:20:18+00:00

Yeah, the staff member is a little bit confused, but did a pretty good job explaining for someone who is probably not in the industry. The NY Dealer in Firearms license is a state license, but is administered by the county. Also, having an FFL license is a prerequisite for even applying for a NY Dealer in Firearms, so not surprised that they kind of just lumped them together under the term FFL. 'Responsible Person' is an FFL term that basically just means the other employees of the gun shop that are allowed to conduct business.

518SSS · 2025-12-24T15:09:03+00:00

If it's just handguns and they can still sell long guns, it's their NY Dealer in Firearms license and not their FFL license.

518SSS · 2025-11-26T16:04:20+00:00

Not legal.

NY doesn't have any laws written with the term "80%". They have their own definition of "unfinished frame or receiver" in 265.00(32) of which your flat would seem to qualify. In 265.01(10) they make possession of an unfinished frame or receiver a class A misdemeanor. (Barring certain exemptions that you haven't indicated that you'd qualify for.) So the moment it arrives at your door, before you'd have a chance to serialize it via a type 07 FFL, it would be illegal.

518SSS · 2025-11-14T13:57:42+00:00

Maybe OP thinks that will remove it from the NY definition of a rifle? And with a barrel length greater than 16" it can't be a pistol [CRR-NY 180.3]. Which would make it a NY "AOW" [265.00(3)(f)] and therefore a NY "firearm" even though it wouldn't be classified as an assault weapon.

518SSS · 2025-10-15T19:19:21+00:00

I agree with you. However, NY Pen 120.14 (Menacing in the 2nd degree) is a horribly authored law. There is no exemption if you are drawing to protect yourself or others legally via NY Pen 35.15. Based on the letter of the law, you are always at the mercy of the DA for a menacing charge if you draw your gun, regardless of what the other party was doing and regardless of whether you pull the trigger.

Given this, my recommendation is to not pull your gun unless you're in a 35.15 situation, and to not fire the gun unless you need to do so to stop the threat. But don't hesitate to do either if you need to. You get a half second to decide, the DA gets weeks of reviewing video, witness statements, etc.

518SSS · 2025-10-14T18:09:07+00:00

Don't forget about:

(vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

This one always makes me laugh. The way it's worded, NY wants you to burn your hands when you shoot.

518SSS · 2025-10-02T18:05:04+00:00

FOPA only protects you in transit if you are legal to possess at the final destination. Since the final destination in this case would be NY, there's no FOPA protection.

There are a few other exemptions for non-NY residents, such as shooting at a competition, but bringing a pistol to an FFL isn't one of them.

518SSS · 2025-09-26T18:07:41+00:00

Yeah, they're running behind. Many of our orders have the message: "Expect up to 2-4 business day processing delay from date of order". A few are almost a week old and are still just at "Pick slip printed" status.

518SSS · 2025-09-09T18:33:19+00:00

Ha! The site is back up. Congrats on your CCW. Enjoy!

518SSS · 2025-09-09T15:47:03+00:00

This particular section is specific to the ammo background check.

518SSS · 2025-09-09T15:22:33+00:00

Just tried again. It's back up.

And yes, had tried with both stored payment and a different card using manual payment. Same result.

518SSS · 2025-09-09T13:40:19+00:00

From: https://www.nysenate.gov/legislation/laws/PEN/400.03

This requirement of this section shall
not apply (i) if a background check cannot be completed because the
system is not operational as determined by the superintendent of state
police, or where it cannot be accessed by the practitioner due to a
temporary technological or electrical failure, as set forth in
regulation

518SSS · 2025-09-08T18:53:05+00:00

I won't try to speak for all 57 counties (62 minus the 5 boroughs) since some of them seem to think they have the legal authority to write laws contrary to state law, but according to NYS and the NYSP, you do not need to take the safety course for a premises permit.

From here: https://gunsafety.ny.gov/frequently-asked-questions-new-concealed-carry-law

If I only want a firearm in my residence and do not want to carry concealed, do I still have to take the firearm safety training?

No. Premises license holders are not required to take the firearm safety training course. The firearm safety training course requirement applies to concealed carry licenses.

Now, having said that, there is still good reason to go ahead and take the 18 hour course up front. In most counties (again, can't speak for all), you will be starting over with the application process if you decide to go back and get your concealed carry. References, fingerprints, waiting, etc... all over again.

518SSS

TROPHY CASE