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New York Suppressor Laws

Suppressors are prohibited in New York. Civilian ownership is illegal under state law regardless of federal compliance.

Reviewed by Diego Lopez, Head of Enforcement · Last reviewed August 21, 2026

Prohibited
Ownership Status
Prohibited
Hunting Status
Felony
Possession Penalty
42
States Where Legal

August 5 NFA Ruling

Updated August 21, 2026

A federal court ruled that the government cannot enforce certain NFA registration requirements against the parties covered by that case. It is not a repeal of the NFA, it is not nationwide, and it does not change state law.

New York: the ruling changes nothing here. A federal court order limiting ATF enforcement does not create a right to possess an item this state bans.

Read how this may affect you →

Current Law

Possession is charged as criminal possession of a weapon in the third degree. N.Y. Penal Law § 265.02(2) covers a person who “possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use.”

§ 265.10 reaches the rest separately: subdivision 1 manufacture, subdivision 2 transport or shipment, subdivision 3 disposal. Each is its own class D felony.

The Penalty

A class D felony, but here is the detail that changes the picture: § 265.02(2) is not a violent felony offense. Penal Law § 70.02(1)(c) lists criminal possession of a weapon in the third degree “as defined in subdivision five, six, seven, eight, nine or ten of section 265.02.” Subdivision two is conspicuously absent.

The consequence is an indeterminate sentence under § 70.00 rather than a determinate one. The maximum “shall not exceed seven years,” the minimum is “not less than one year nor more than one-third of the maximum term imposed,” there is no mandatory period of incarceration, and probation is available.

That is materially softer than the violent-felony treatment usually assumed for this charge. It is still a felony.

Who Is Exempt, and Who Is Not

§ 265.20(a)(1) covers persons in the military service of New York when authorized by the adjutant general, police officers, peace officers, and persons in the military or other service of the United States in pursuit of official duty.

§ 265.20(a)(8) covers manufacturers holding silencers as merchandise or receiving them for repair, distribution, or research and development, with disposal and shipment permitted only direct to a police department, sheriff, peace officer, state prison, or the military.

There is no film or theatrical exemption and no retail dealer exemption. And there is no license under which a private New Yorker may possess one: the licensing exemption at § 265.20(a)(3) covers pistols and revolvers.

Alternatives

If you want to own and use suppressors, your options include:

  • Move to one of the 42 states where suppressors are legal
  • Use suppressors while visiting legal states (with proper arrangements)
  • Support legislative efforts to change New York law

Legislative Outlook

S2099 (2025–26), sponsored by Sen. Ortt with an Assembly companion at A6921, is summarized officially as removing “the prohibition on firearm silencers.”

It was referred to Environmental Conservation in January 2025 and defeated in that committee on May 13, 2025, then re-referred on January 7, 2026. That makes it a rare case of a suppressor bill receiving, and losing, a recorded committee vote rather than quietly dying.

Key Takeaway

New York makes suppressor possession a class D felony under Penal Law § 265.02(2). Because § 70.02 omits subdivision two, it is a non-violent felony carrying an indeterminate term up to seven years with probation available.