NYC is one of the biggest anti-gun places in the USA. I lived in Manhattan for almost 30 years, but I kept very quiet and low key about my weapons, and I always carried after my brother was shot, right up to the day that I left for Westchester. If you have no other choice, and you live in the five boroughs, just keep it to yourself. NY has some very strict mandatory sentencing guidlines for gun related offenses. Keep that in mind.

Only if legally owned before 9-14-94

"Assault weapon" means
     (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two 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 bayonet mount;
        (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
        (v) a grenade launcher; or
     (b) a semiautomatic shotgun that has at least two 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 fixed magazine capacity in excess of five rounds;
        (iv) an ability to accept a detachable magazine; or
     (c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics:
        (i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
        (ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
        (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
        (iv) a manufactured weight of fifty ounces or more when the pistol is unloaded;
        (v) a semiautomatic version of an automatic rifle, shotgun or firearm; or
     (d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
        (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
        (ii) Action Arms Israeli Military Industries UZI and Galil;
        (iii) Beretta Ar70 (SC-70);
        (iv) Colt AR-15;
        (v) Fabrique National FN/FAL, FN/LAR, and FNC;
        (vi) SWD M-10, M-11, M-11/9, and M-12;
        (vii) Steyr AUG;
        (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
        (ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
     (e) provided, however, that such term does not include:
        (i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C. 921(a)(16);
        (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
        (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine;
        (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon; or
        (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September fourteenth, nineteen hundred ninety-four.

Also illegal in Rochester NY I think as are high cap mags

§ 265.02.  Criminal possession of a weapon in the third degree

  A person is guilty of criminal possession of a weapon in the third degree when:


(7) Such person possesses an assault weapon; or

(8) Such person possesses a large capacity ammunition feeding device.
 
Criminal possession of a weapon in the third degree is a class D felony.

But if you are a felon with a shotgun it's only a misdemeanor:

§ 265.01.  Criminal possession of a weapon in the fourth degree

  A person is guilty of criminal possession of a weapon in the fourth degree when:



(4) He possesses a rifle or shotgun and has been convicted of a felony or serious offense

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Aimless, that is not true.  EVERY gunshop I have been to in NYS sells current production AR-15s.  What the NYS Assault Weapons Ban does is prohibit whatever the federal ban does thus allowing State prosecutors to purse any violation without referal from a federal prosecutor.  I have several friends who own gun shops, all frequented by the state Police Troopers in the area and they all have been advised that if it is legal under federal law at this time it is legal under NYS law.

The provision is confusing, I'm the first to admit that.  Currently manufactured post-ban rifles do not meet the definition of an assault weapon under NYS's laws.  A pre-ban configured weapon manufactured after the 94 date would be considered an illegal assault weapon.

Hiramranger:

I think the law pretty clearly bans

1. Guns listed and their clones i.e. Colt Ar-15s and Bushmasters AR-15s.

2. Guns that are not listed but have the same characteristics i.e. a preban HK 91.

Unless it was "lawfully possessed" prior to 9/94.

I have seen AR-15s for sale too, but forgot to see if they were manufactured before that date. It may be that the district attorney in your area or the state police counsel have decided to interprete the law that way, but I still think that possession of a AR-15 made after 9/94 can get you a trip to Elmira State Prison.

Oh the section for the definitions is Penal Law section 265. I think the difference is that the federal law is based on a rifle having a bayonet lug and pistol grip etc etc blah blah blah; but the NY law goes beyond that and specifically states certain weapons are illegal. It says flat out that AR-15s are illegal if not legally possessed before 9-94.

I guess that MAYBE the new guns aren't "AR-15s" because they are now called something else??? Maybe that's why they are not bothering new gun sales, didn't think of that one...

There haven't been many people prosecuted under this section that I have seen. A guy in Brooklyn got charged but got off the hook due to problems with the way the DA tried to prove what the gun was to the Gran Jury PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v JOSEPH DIGAETANO, DEFENDANT.

Volume 729 New York Supplement 2nd page 614 If you are REALLY bored and want to look it up.

This argument has been had a zillion times.  Read the bill jacket on the law, all the memos indicate that it is a mirror of federal law and makes no additional bans.  Speak with the counsels of both houses of NY's legislature and they will tell you the same thing.  Call the NYS police headquarters in Albany and ask to speak with the section that deals with firearms enforcement.  Go into any shop NOT in a city with its own ban and look at all the rifles, many are post-ban.  they could not have been possessed before the ban.

Yes, some overzealous DA could try to charge someone for possessing a legal post-ban in violation of the law.  The charges would be dismissed and there might be pretty good grounds for a civil suit.  sometimes the so called gun rights groups do us a disservice by spreading incorrect information.

The shop I frequest, B&J Shooting Supply in Colonie, New York haz dozens of ARs in stock at any given time - both pre and post ban.  He has been selling them since the law passed with no problems.  He has contacted the NYS police to verify that it is ok to do so, and many of his customers are police officers.

Now, if someone were going to get busted for breaking this law it would be him - steady flow of cops, gun shop six miles from the State capital, NYS Trooper firearms enforcement bureau down the street.  Getting the picture yet?