Expert: Robert P. Firriolo - 9/16/2011

Question
I own a Remington 870 pump action shotgun and I want to add a pistol grip and a M4 stlye colaspible stock to it. Is this legal in NY ?

Answer
Those modifications would not be relevant to the state "assault weapons" ban. The definition of "Assault Weapon" is contained in Penal Law section 265.00. As pertains to shotguns, the definition includes:

(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

and

(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:

  (ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

Because pump action shotguns are neither semiautomatic nor revolving cylinder shotguns, they do not fall within the definition of an "assault weapon," and thus adding a pistol grip and collapsible stock would not make it an "assault weapon."

Be advised, however, that the same section of the Penal Law defines "firearm" to include: "3. (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches." If the shotgun with its stock folded or collapsed has an overall length of less than 26 inches, it may be considered a "firearm" under New York State law, and would then be regulated like a "firearm" (which term includes pistols and revolvers). Firearms possession requires a license issued pursuant to Article 400, or the person in possession must fit into one of the other exemptions for possession without a license specified in section 265.20.