This week’s #fridayfacts discusses the definition of a firearm under NY law—and why it matters.
Under Penal Law §265.00(3), a firearm includes:
- Pistols and revolvers
- Shotguns with barrels under 18 inches
- Rifles with barrels under 16 inches
- Weapons made from shotguns/rifles shorter than 26 inches
- Any assault weapon
This definition excludes standard-length rifles and shotguns, but modifications like telescoping stocks, threaded barrels, or secondary grips can reclassify them as assault weapons.
The most serious charges—criminal possession, use, or sale of a firearm—depend entirely on this classification.