Assembly Bill A9386

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9386
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the penal law, in
   relation  to  permitting  the  possession  and  certain use of firearm
   suppressors and silencers for bolt action rifles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  11-0931 of the environmental
 conservation law, the opening paragraph and subparagraph 1 of  paragraph
 c  as  amended by chapter 135 of the laws of 1982, is amended to read as
 follows:
   1. No person except a law enforcement officer in  the  performance  of
 [his]  THEIR  official  duties  shall  use  in hunting or possess in the
 fields or forests or on the waters of the state for any purpose:
   a. [the apparatus known as a silencer;
   b.] any automatic firearm, or any firearm which has been converted  to
 an  automatic  type,  or  any  firearm  which  has a built-in mechanical
 adjustment which will permit it to function as an automatic arm; or
   [c.] B. any auto-loading firearm of a  construction  to  contain  more
 than six shells in the magazine and chamber combined, except
   (1) such a firearm using twenty-two caliber rim-fire ammunition, or
   (2) such a firearm which has been altered so as to reduce its capacity
 to  not  more  than  six  shells at one time in the magazine and chamber
 combined, or
   (3) an auto-loading pistol having a barrel less than eight  inches  in
 length.
   [d.  An] C. AN automatic firearm is defined as one which will continue
 to fire as long as the trigger is held back. An auto-loading firearm  is
 defined  as  one  which reloads itself after each shot and requires that
 the trigger be pulled back for each shot.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14132-01-5
 A. 9386                             2
              

 
   § 2. Paragraphs (a) and (c) of subdivision 22 of section 265.00 of the
 penal law, as added by chapter 1 of the laws of  2013,  are  amended  to
 read as follows:
   (a)  a  semiautomatic rifle that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   (i) a folding or telescoping stock;
   (ii) a pistol grip that protrudes conspicuously beneath the action  of
 the weapon;
   (iii) a thumbhole stock;
   (iv)  a  second  handgrip or a protruding grip that can be held by the
 non-trigger hand;
   (v) a bayonet mount;
   (vi) [a flash suppressor, muzzle break, muzzle compensator, or thread-
 ed barrel designed to accommodate a flash suppressor, muzzle  break,  or
 muzzle compensator;
   (vii)] a grenade launcher; or
   (c)  a semiautomatic pistol that has an ability to accept a detachable
 magazine and has at least one of the following characteristics:
   (i) a folding or telescoping stock;
   (ii) a thumbhole stock;
   (iii) a second handgrip or a protruding grip that can be held  by  the
 non-trigger hand;
   (iv)  capacity  to  accept an ammunition magazine that attaches to the
 pistol outside of the pistol grip;
   (v) [a threaded barrel capable of accepting a barrel  extender,  flash
 suppressor, forward handgrip, or silencer;
   (vi)]  a shroud that is attached to, or partially or completely encir-
 cles, the barrel and that permits the shooter to hold the  firearm  with
 the non-trigger hand without being burned;
   [(vii)]  (VI)  a  manufactured weight of fifty ounces or more when the
 pistol is unloaded; or
   [(viii)] (VII) a semiautomatic version of an automatic rifle,  shotgun
 or firearm;
   §  3.  Subdivision 2 of section 265.02 of the penal law, as amended by
 chapter 764 of the laws of 2005, is amended to read as follows:
   (2) Such person possesses any explosive or incendiary bomb, bombshell,
 [firearm silencer,] machine-gun or any other firearm or weapon  simulat-
 ing a machine-gun and which is adaptable for such use.  AN INDIVIDUAL IN
 LAWFUL POSSESSION OF A DEVICE THAT WILL SILENCE, SUPPRESS, OR MUFFLE THE
 SOUND  OR NATURAL REPORT OF A FIREARM WHEN THE FIREARM IS DISCHARGED MAY
 USE SUCH DEVICE, PROVIDED THE  HOST  FIREARM  TO  WHICH  THE  DEVICE  IS
 ATTACHED  IS ALLOWED AND IS A RIFLE THAT IS MANUALLY OPERATED BY A BOLT;
 or
   § 4. This act shall take effect immediately.