Pistol grip shotguns are legal in New York when the gun is pump-action, bolt-action, or lever-action, because the state’s assault weapon definition applies only to semi-automatics. On a semi-automatic shotgun, a traditional pistol grip held by the trigger hand is not itself on the banned feature list, but most semi-autos sold with pistol grips also carry other features (a detachable magazine, a folding stock, a second grip) that do trigger the ban. The distinction matters. Getting it wrong is a Class D felony.
Pump, Bolt, and Lever-Action Shotguns
New York Penal Law § 265.00(22) carves manually operated firearms out of the assault weapon definition entirely. Any shotgun that cycles by pump, bolt, lever, or slide action cannot be classified as an assault weapon, no matter what grip or stock is attached.1New York State Senate. New York Penal Law 265.00 – Definitions The state’s official gun safety resource states it directly: “any pump, lever, or bolt action rifle or shotgun cannot be an assault weapon.”2Gun Safety in New York State. Resources for Gun Owners
So a pump-action Mossberg 500 or Remington 870 fitted with an aftermarket pistol grip stays legal. Add a folding stock, a thumbhole stock, or a forward vertical grip to that same pump gun and it is still legal. The action type controls the outcome. Barrel length and overall length rules still apply, and those are covered below.
Semi-Automatic Shotguns and the Banned Feature List
Semi-automatic shotguns are held to a stricter standard than semi-automatic rifles. For a rifle, the assault weapon classification requires both a detachable magazine and at least one prohibited feature. For a semi-automatic shotgun, a single prohibited feature is enough on its own.
The banned features for semi-automatic shotguns are:
- A folding or telescoping stock
- A thumbhole stock
- A second handgrip or protruding grip that can be held by the non-trigger hand
- A fixed magazine capacity exceeding seven rounds
- The ability to accept a detachable magazine
A revolving-cylinder shotgun is separately classified as an assault weapon regardless of any other feature.1New York State Senate. New York Penal Law 265.00 – Definitions
Notice what is not on that list. “A pistol grip that protrudes conspicuously beneath the action of the weapon” appears in the rifle portion of the statute, not the shotgun portion. This is one of the most commonly misunderstood parts of the SAFE Act. A conventional pistol grip held by the trigger hand, standing alone on a semi-automatic shotgun, does not appear in the statutory feature list for shotguns.
The practical catch is that most semi-automatic shotguns marketed with pistol grips also come with a detachable box magazine, a folding stock, or a forward grip. Any one of those independently classifies the gun as an assault weapon. The detachable magazine feature is the most common disqualifier: it triggers the ban all by itself, whether or not the shotgun also has a pistol grip.1New York State Senate. New York Penal Law 265.00 – Definitions A semi-auto shotgun with a fixed tube magazine holding seven or fewer rounds, a conventional fixed stock, and no secondary grip is legal even with a pistol grip installed.
If a Semi-Automatic Shotgun Qualifies as an Assault Weapon
Newly acquired assault weapons cannot be legally possessed in New York. The only path to lawful possession is a pre-ban registration: if you owned the gun before January 15, 2013 and registered it with the New York State Police by January 15, 2014, you may keep it. A registered pre-ban assault weapon can be transferred, but only to someone else authorized to possess it or to a person outside the state. Any in-state transfer requires the new owner to register the weapon. Transferring to an unauthorized person inside New York is a Class A misdemeanor.1New York State Senate. New York Penal Law 265.00 – Definitions
Pistol-Grip-Only Firearms Like the Shockwave and Tac-14
Guns like the Mossberg Shockwave and the (now discontinued) Remington Tac-14 sit in a separate legal category. They are pump-action, they wear a bird’s-head pistol grip instead of a shoulder stock, they carry barrels just over 14 inches, and their overall length is just over 26 inches. Federally, the ATF classifies them as “firearms” under the Gun Control Act rather than as shotguns, because a “shotgun” under federal law must be designed to be fired from the shoulder.3Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions These guns were never designed for shoulder fire, so they fall outside the National Firearms Act.
Under New York law, a close reading of the statutes suggests these firearms are legal. They are not shotguns (not designed to fire from the shoulder), not rifles, and not pistols or revolvers. Their pump action places them outside the assault weapon definition. Their overall length above 26 inches keeps them out of the “firearm” category in Penal Law § 265.00(3) that captures weapons cut below the minimum lengths.4NY Courts. Additional Definitions of Firearm Penal Law 265.00(3) No New York court has ruled directly on the question, so owners are in territory that has not been tested. Talking to a New York firearms attorney before buying one is a reasonable precaution.
Barrel Length and Overall Length
Whatever the action or grip style, every shotgun in New York must meet minimum dimensions. A shotgun with a barrel shorter than 18 inches becomes a “firearm” under Penal Law § 265.00(3), a category subject to much stricter regulation. The same is true of any weapon made from a shotgun with an overall length below 26 inches.4NY Courts. Additional Definitions of Firearm Penal Law 265.00(3)
The ATF measures barrel length from the closed bolt or breech face to the farthest end of the barrel, along the bore axis. If you are cutting a barrel or installing an aftermarket one, measure it that way. A short measurement drops you into federal short-barreled shotgun rules, which require registration under the National Firearms Act and prior ATF approval.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Make and Register NFA Firearm – ATF Form 5320.1
Local Permits: NYC, Buffalo, Rochester
New York does not require a statewide permit to own a standard shotgun. Some cities do. New York City requires a rifle/shotgun permit issued by the NYPD License Division before you can possess any rifle or shotgun within city limits.6NYC.gov. Permits and Licenses – NYPD Buffalo and Rochester have their own local permit requirements. If you live in one of these cities or plan to bring a shotgun into one, check the local rules first.
Penalties for a Prohibited Configuration
Possessing an assault weapon in New York is charged as criminal possession of a weapon in the third degree, a Class D felony carrying up to seven years in prison. The charge applies whether you knowingly acquired a banned configuration or unknowingly modified a legal shotgun into an illegal one.7New York State Senate. New York Penal Law 265.02 – Criminal Possession of a Weapon in the Third Degree Transferring a registered pre-ban assault weapon to an unauthorized New York resident is a Class A misdemeanor. Unregistered pre-ban weapons have no lawful path to continued possession in the state.1New York State Senate. New York Penal Law 265.00 – Definitions
The safe way to think about the question: if the shotgun is manually operated, a pistol grip is not a problem. If it is a semi-automatic, walk through the five-feature list before you buy or modify, and pay close attention to the magazine.