AK‑style rifles are legal in New York today, but only if they meet the state’s strict “assault‑weapon” criteria and are properly registered under the New York Secure Ammunition and Firearms Enforcement (SAFE) Act. As of January 1 2026, New York enacted additional restrictions that re‑classify many AK‑type firearms as prohibited weapons, requiring owners to either surrender, apply for a special exemption, or modify the rifle to comply with the new definition. The change reflects a broader trend toward tightening semi‑automatic rifle regulations in response to rising public‑safety concerns.
What the Law Says Today
Under the SAFE Act, semi‑automatic rifles that accept detachable magazines and possess a pistol grip, folding stock, or flash suppressor are treated as assault weapons (N.Y. Penal Law § 265.01). An AK‑type rifle that is non‑detachable‑magazine (e.g., a fixed‑magazine AK‑47) can be legal, but any model with a detachable box magazine must be registered, and the owner must obtain a pistol permit. Failure to comply results in criminal charges ranging from misdemeanor to felony, depending on the circumstances.
What Changed in 2026
Effective January 1 2026, the New York Legislature passed the “Enhanced Assault‑Weapon Ban.” The amendment adds “semi‑automatic rifles with a caliber of .30 caliber or larger” to the prohibited list, regardless of magazine type. Most AK‑47, AK‑74, and AK‑M models exceed this caliber threshold and are now automatically classified as illegal. Owners were given a 90‑day window to register, surrender, or apply for a limited “law‑enforcement‑use” exemption. The law also introduced mandatory magazine‑capacity limits of ten rounds for any remaining legal rifles.
What It Means for You
If you currently possess an AK‑type rifle in New York, you must determine whether it falls under the new 2026 definition. A fixed‑magazine, sub‑caliber AK may still be legal, but you will need to verify registration status and ensure the magazine does not exceed ten rounds. For rifles that are now prohibited, you may either:
- Surrender the firearm to law‑enforcement without penalty, or
- Apply for a special exemption (e.g., for competitive shooting) by submitting a detailed request to the NYPD’s Firearms Licensing Unit, including proof of membership in a recognized sports organization.
Non‑compliance can lead to charges under Penal Law § 265.02, with penalties up to five years’ imprisonment.
Frequently Asked Questions
Is an AK‑47 with a fixed magazine legal in New York?
Yes, if the magazine is non‑detachable and the rifle is registered under the SAFE Act. The 2026 ban focuses on semi‑automatic rifles with detachable magazines and calibers .30 or larger.
Can I keep a detachable‑magazine AK if I have a pistol permit?
No. The 2026 law removes the pistol‑permit loophole for AK‑type rifles that exceed .30 caliber, regardless of permit status.
What is the deadline to surrender a prohibited AK?
Owners had a 90‑day period from Jan 1 2026, ending on Apr 1 2026, to surrender or apply for an exemption.
Are there any exemptions for competitive shooters?
Yes, shooters may apply for a “law‑enforcement‑use” or “sporting‑use” exemption, but they must provide documentation of active membership in a recognized shooting sport and pass a thorough background check.
How do I verify if my AK complies with the new magazine‑capacity limit?
Inspect the magazine; if it holds more than ten rounds, it must be replaced with a compliant magazine or the rifle must be rendered ineligible for legal possession.
Stay informed and act promptly; failure to adjust to the 2026 changes can result in serious legal consequences.