What's happening
This bill removes the prohibition on the possession and use of firearm silencers in New York, including for hunting.
Why it matters
Expands legal options for firearm owners and hunters. By allowing possession and use of silencers, this bill gives gun owners and hunters access to tools that can reduce noise, which may benefit hearing protection and lower noise complaints in rural and suburban areas.
Changes the legal landscape for firearm accessories. The removal of silencers from the list of prohibited weapons in both environmental conservation and penal law represents a significant shift in New York’s approach to firearm regulation, aligning the state more closely with federal law and policies in many other states.
Affects enforcement and prosecution. Law enforcement and the judicial system will no longer be able to charge individuals solely for possessing a silencer, which could reduce certain gun-related prosecutions and alter how firearm crimes are investigated.
Potential impacts on public safety and hunting practices. Legalizing silencers may lead to debates over safety—supporters argue silencers protect hearing and reduce disturbance, while critics worry about the potential for misuse and challenges in detecting gun crimes.
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Who cares
Hunters
The bill would remove the state silencer prohibition and allow lawful possessors to use sound-suppressing devices to hunt game for which they are licensed, provided the host firearm is allowed.
Semiautomatic rifle and pistol owners
The bill would remove specified muzzle devices and threaded-barrel features from the characteristics that trigger assault-weapon classification.
Environmental conservation officers
The bill would remove silencers from the equipment prohibited for hunting or possession in the state's fields, forests and waters.
Police and prosecutors
The bill would remove firearm silencers from the weapons listed in the amended criminal-possession provision.
Headline styles
Allow Firearm Silencer Use
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Print number 5300a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Legalize Firearm Silencers
In Senate Committee · Environmental Conservation · Sponsor Robert Ortt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5300--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. NORRIS -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law and the penal law in relation to removing prohibition on possession and use of firearm silencers
The People of the State of New York, represented in Senate and Assembly, 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 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.
LBD04902-03-7
A. 5300--A 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 threaded 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 encircles, 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 simulating 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 to hunt any game for which the individual is licensed, provided the host firearm to which the device is attached is allowed; or
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.