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New York legal shotguns

Pump, over-under, side-by-side and plain field semi-autos: the guns that stay legal here, and the features that would take one off the table.

The shotgun is the one firearm New York left largely alone. The state's feature test only reaches semi-automatic shotguns, so every pump, every double and every single shot in this catalog sits outside it entirely. That is why a pump 12 gauge is the most common gun in the state, and why it does everything from November deer to a Saturday at the trap club.

The feature test, in plain terms

Under Penal Law 265.00(22), a semi-automatic shotgun becomes an "assault weapon" if it has any one of these:

  • a folding or telescoping stock;
  • a thumbhole stock;
  • a second handgrip, or a protruding grip the non-trigger hand can hold;
  • a fixed magazine holding more than seven rounds;
  • the ability to accept a detachable magazine.

Separately, any shotgun with a revolving cylinder is an assault weapon whatever its action. A magazine or drum over ten rounds is prohibited on its own under Penal Law 265.00(23) and 265.02(8).

None of that reaches a pump, a lever, a break-action or a single shot. A plain semi-automatic field gun with a wood or synthetic conventional stock is legal too. What is not legal is the tactical version of it, and there is no way to make one lawful by changing a part, so we do not list them.

This is general information, not legal advice. New York City defines "assault weapon" more broadly than the state does, so a gun that is legal in Buffalo may not be possessable in Brooklyn. Check with the NYPD License Division if you live in the five boroughs, and see our gun law overview. Reviewed September 2026.

Which action

ActionBest forWhy people choose it
PumpDeer, clays, birds, home defenseThe New York workhorse. Not touched by the semi-automatic feature test, cheap, and it will run whatever you feed it. A 12 or 20 gauge pump covers more of this state than any other gun.
Over-underClays, upland birdsTwo barrels, two chokes, nothing to go wrong. Break it open and it is visibly safe, which matters on a walk-up hunt and at a club.
Side-by-sideUpland birds, grouseLighter and faster between the hands than most doubles. A traditional gun for woodcock and grouse cover, and never a legal question here.
Single shotYouth, first guns, turkeyOne shell, minimal weight, minimal price. The usual first shotgun, and a serious turkey gun in a heavy barrel.
Semi-automatic (field)Waterfowl, clays, deerLegal in New York as long as it carries none of the listed features. Soft recoil for a day of ducks. Read the feature list below before you order one.

Birds and clays

For pheasant, grouse and woodcock, weight and balance beat everything. A light 20 gauge double carried all day will put more birds in the bag than a heavy 12 you stop swinging by three o'clock. For trap, skeet and sporting clays the opposite is true: a heavier over-under soaks up recoil over a hundred targets and keeps the barrel moving through the shot.

Deer

Much of the Southern Zone is shotgun country for deer, and in those counties a 12 or 20 gauge with a rifled barrel and sabot slugs is the practical setup. Sighted in properly, that is a hundred-yard deer gun, and in thick cover that is all the range you need. A smoothbore with rifle sights and rifled slugs works closer in. Which counties allow what has changed more than once, so check the current DEC regulations for the county you hunt before you buy.

Waterfowl

Ducks and geese mean steel shot, bigger patterns and cold, wet mornings. A 3-inch 12 gauge semi-auto or pump with a synthetic stock and a camo finish is the standard, and federal law requires a plug limiting the gun to three shells total when hunting migratory birds. Choose chokes for steel rather than lead.

Home defense

A pump shotgun with a short field or defense barrel and a conventional stock is the plainest legal answer in New York. It is not caught by the feature test, it is cheap, and buckshot inside a house is decisive. Put a light on it, learn to run the pump without looking, and store it the way Penal Law 265.45 requires if anyone under eighteen or anyone prohibited lives with you. Know what is on the other side of the wall before you ever point it at anything.

Shotguns in stock

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Common questions

What makes a shotgun an "assault weapon" in New York?

Only a semi-automatic shotgun can be caught by the feature test in Penal Law 265.00(22), and one listed feature is enough: a folding or telescoping stock, a thumbhole stock, a second handgrip or a protruding grip the non-trigger hand can hold, a fixed magazine holding more than seven rounds, or the ability to accept a detachable magazine. Separately, any shotgun with a revolving cylinder is an assault weapon whatever its action.

Are pump shotguns legal in New York?

Yes. A pump gun is not semi-automatic, so the feature test does not reach it. That is why pump guns are the default shotgun across the state. The New York City permit rules still apply if you keep one in the five boroughs.

Can I buy a semi-automatic shotgun in New York?

Yes, a plain field gun with none of the listed features. A walnut-stocked duck gun is legal; the same action with a pistol grip stock, a folding stock or a detachable magazine is not. Everything listed here has been filtered against that test before it reached the page.

Is a pistol grip shotgun legal in New York?

Not on a semi-automatic shotgun — a second handgrip or protruding grip for the non-trigger hand is one of the listed features, and one feature makes it an assault weapon. New York City goes further than the state. We do not list these guns and there is no lawful way to add the part later.

What about drum magazines and revolving cylinder shotguns?

Any shotgun with a revolving cylinder is an assault weapon under state law regardless of its action, and a feeding device over ten rounds is prohibited on its own. Neither is sold here.

Do I need a permit to buy a shotgun in New York?

Outside New York City, no — you buy at 18 or older through a licensed dealer with a background check. Inside the five boroughs you need an NYPD rifle/shotgun permit before you may take possession of any long gun.

What gauge should I buy?

12 gauge for the widest choice of ammunition and the most power; 20 gauge for a lighter gun that a smaller shooter will actually shoot well. For deer in a shotgun-only county a 12 or 20 with a rifled barrel and slugs is the standard answer. For clays, whichever you can swing all afternoon.

Can I use a shotgun for deer in New York?

In much of the Southern Zone you must — a number of counties allow shotgun, muzzleloader, crossbow or handgun for deer but not a rifle, and which counties those are has changed over the years. Check the current DEC regulations for the county you will hunt before you buy.

What is the best shotgun for home defense in New York?

A plain pump in 12 or 20 gauge with a short field or defense barrel and a conventional stock. It is legal statewide, it is the cheapest serious defensive gun there is, and nothing about it invites a legal argument. Practice with it, put a light on it, and store it as the law requires.

How many rounds can a shotgun hold?

For a semi-automatic shotgun, a fixed magazine over seven rounds is one of the features that makes it an assault weapon under state law, so field guns come plugged well below that. A pump gun is outside the feature test, but federal migratory bird rules require a plug limiting it to three shells total when hunting waterfowl.

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