ATF Data Proves New York’s Gun Laws Aren’t Working
Handguns dominate crime traces, most cases involve possession—not shootings—and yet lawmakers keep targeting rifles and magazines while ignoring gangs and mental health failures.
Every time a high-profile shooting makes headlines, lawmakers rush to promise “safety” through bans. They target AR-15s, restrict magazines, and add more hurdles for concealed carry licensees. But the government’s own data tells a different story: New York’s strict gun laws are failing.
The ATF’s 2023 Firearms Trace Data for New York reveals that most traced guns are handguns, not rifles, and the majority of offenses are possession cases, not violent crimes.
If we don’t address the real problems—gang crime and untreated mental illness—violence will never end. Disarming good people only creates more victims.
Handguns Rule NY Crime Guns, Rifles Barely Register
Out of 11,413 traced firearms in New York in 2023, over 80% were handguns. Rifles ranked second, but the caliber breakdown proves they are not “assault weapons” at all.
- 9mm: 4,456 traces
- .22 caliber: 1,199
- .380 caliber: 1,025
- .40 caliber: 775
- .38 caliber: 592
- 12 gauge shotgun: 558
- .45 caliber: 537
- .32 caliber: 271
- 5.56mm: 221
- .25 caliber: 220
Notice the disconnect: rifle calibers like 5.56 are at the bottom, and .223 doesn’t appear in the top 10 at all. Yet these are the very firearms Albany wants to ban. The data shows that handguns drive crime guns in New York, not AR-15s.
Most Traced Guns Were Possession Cases, Not Shootings
Another striking fact: the ATF reports the reasons firearms are traced. The top category in New York was “Possession of Weapon”—not homicide or robbery.
- Possession of Weapon: 6,674
- Weapon Offense: 1,348
- Firearm Under Investigation: 1,150
- Homicide: 154
- Robbery: 150
- Simple Assault: 109
That means thousands of firearms were seized not because they were used in crimes, but because of technical violations of New York’s complex laws. Are these really “crime guns,” or are many of them citizens caught in a web of overregulation?
The Gang Age Bracket: 18–21
The ATF also reports the ages of traced gun possessors. The largest demographic is 18–21 years old—the exact age bracket most associated with gang activity. These aren’t suburban homeowners with rifles. These are young adults in gangs, armed with handguns, fueling street violence.
New York’s laws target rifles while the real crisis is illegal handgun possession among youth gangs.
Bruen: The Supreme Court Has Already Spoken
In New York State Rifle & Pistol Association v. Bruen (2022), the U.S. Supreme Court struck down New York’s restrictive “proper cause” requirement and made it clear: firearms in common use cannot be banned.
Millions of Americans own AR-15s and standard-capacity magazines. By definition, they are in common use. Yet New York continues to ban rifles by name and cap magazines at 10 rounds (and 5 for NYC rifles).
Magazine Limits Put Citizens at Risk
Limiting law-abiding citizens to 10 rounds—or just 5 in NYC rifles—puts families at risk. A homeowner facing multiple intruders has fewer rounds to defend their life, while criminals ignore magazine laws entirely.
These rules don’t prevent violence. They ensure that law-abiding citizens are outgunned in their own homes.
The Real Problem: Crime and Mental Health
New York lawmakers continue to focus on symbolic bans while ignoring the roots of violence:
- Gang activity among 18–21 year olds
- Recidivism with violent repeat offenders cycling through the justice system
- Mental health collapse, with outpatient waitlists exceeding a year in parts of New York
Until these problems are addressed, more bans won’t change the outcome. Violence will continue, because the root causes remain untouched.
Law-Abiding Citizens Are the Target
- Rifle bans despite rifle calibers being rare in crime guns
- Magazine limits that disadvantage homeowners against criminals
- Complex licensing that criminalizes possession instead of deterring violence
These aren’t “safety measures.” They’re discrimination against lawful New Yorkers who want to defend themselves. The result? More victims, not fewer criminals.
FAQ: NY Gun Laws vs ATF Data
Do rifles drive crime in New York?
No. Handguns dominate the data. Rifle calibers like 5.56/.223 barely appear in ATF traces.
Are most traced guns used in shootings?
No. Over half were seized for “possession of weapon,” not violent crime.
What did Bruen decide?
The Supreme Court ruled firearms in “common use” cannot be banned. AR-15s and standard magazines qualify.
Why are magazine limits dangerous?
They disarm citizens while criminals ignore them, leaving law-abiding people exposed.
What’s the real cause of violence in NY?
Gang activity, repeat offenders, and untreated mental health—not AR-15s or legal gun owners.
Take Action: Training Saves Lives
Politicians will keep banning tools that criminals ignore. But you can take responsibility for your safety. Proper training, lawful carry, and preparation save lives.
➡️ Sign up for NY Safe’s next CCW 18-hour training class to get the skills, legal knowledge, and confidence you need.
Because ignoring crime and mental health guarantees more violence. Disarming good people guarantees more victims.
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