NY SAFE Act Frequently Asked Questions:

Transcription

1 NY SAFE Act Frequently Asked Questions: Below are FAQ intended to help gun owners in New York understand and comply with the NY SAFE Act enacted on January 15, If your question is not answered here, please continue to check back, as this list will be updated regularly. You can also call the NY Safe Act hotline at LAWGUNS 8:00 AM - 9:00 PM for more information. Q: What does this law do? A: The NY SAFE Act is designed to make New York a safer place to live by reducing gun violence through common sense and reasonable reforms. The law respects the right to bear arms and the interest of hunters, sportsmen, and legal owners who use their guns appropriately. The law protects New Yorkers by: Keeping guns out of the hands of convicted felons and potentially dangerous mental health patients. Banning high capacity magazines and assault weapons. Ensuring all gun purchases are subject to a background check. Toughening criminal penalties on those who use illegal guns. Assault Weapons Q: I own a gun that I use for hunting, is it an assault weapon? A: Most guns that are used for hunting are not assault weapons and are not affected by this law. Typical shotguns and hunting rifles are exempt as the law specifies military style assault weapons by design characteristics. For example, any pump, lever, or bolt action shotgun or rifle cannot be an assault weapon. To confirm that your rifle is not an assault weapon and to see common models and characteristics click the links below: Rifles that are NOT classified as assault weapons Rifles that are classified as assault weapons Rifles: Banned Features Images of Rifles that are NOT classified as assault weapons To confirm that your shotgun is not an assault weapon and to see common models and characteristics click the links below: Shotguns that are NOT classified as assault weapons Shotguns that are classified as assault weapons Shotguns: Banned Features Images of shotguns that are NOT classified as assault weapons

2 Q: I own a handgun, is that an assault weapon? A: Most handguns are not assault weapons and are not affected by this law. A traditionally designed handgun is not an assault weapon. For example a single shot pistol or a revolver cannot be an assault weapon. To confirm that your handgun is not an assault weapon and to see common models and characteristics click the link below: Pistols that are NOT classified as assault weapons Pistols that are classified as assault weapons Pistols: Banned Features Images of pistols that are NOT classified as assault weapons Q: I am not sure if the gun I own is an assault weapon. How do I find out? A: Most guns are not assault weapons and are not affected by this law. There are different military characteristics of guns that determine whether they qualify as assault weapons. To help you know whether or not your gun is affected by this law, please click on your gun type below: Rifles: Rifles that are NOT classified as assault weapons Rifles that are classified as assault weapons Rifles: Banned Features Images of Rifles that are NOT classified as assault weapons Shotguns: Shotguns that are NOT classified as assault weapons Shotguns that are classified as assault weapons Shotguns: Banned Features Images of shotguns that are NOT classified as assault weapons Pistols: Pistols that are NOT classified as assault weapons Pistols that are classified as assault weapons Pistols: Banned Features Images of pistols that are NOT classified as assault weapons Q: I have an assault weapon. Do I have to give it up? A: No. If you have an assault weapon, you can register it with the State Police. You have until April 15, 2014 to register your weapon. A form will be made available on this website no later than April 15, Under state and federal law, some people are not allowed to possess a weapon, such as

3 convicted felons, individuals who have been involuntarily committed, or individuals currently under an order of protection. These people will not be able to register. There is no fee for registering. Q: How does registering my gun compare to getting a handgun license? A: It is much simpler. To register, all you need to do is fill out a basic form. You do not need to appear in person or provide references or other information that is typically provided during the handgun licensing process. Q: What do I do if I don t want to register my assault weapon? A: You can sell it to a New York State dealer or anyone out of state by January 15, Federal law has certain restrictions on shipping guns between states that you should consult before making a transfer. Q: If I modify my gun by removing all design characteristics that makes it an assault weapon, do I have to register it? A: No. If you modify your gun so that it is not an assault weapon, you do not have to register it. The modification must be permanent however. This includes, for example, removing the bayonet lug by cutting or grinding, grinding off the threads on the barrel, removing the foregrip so that it cannot be readily reattached, or any change that cannot be reversed through reasonable means. Q: If I don t currently own an assault weapon, how does the new ban on assault weapons affect me? A: The ban on selling assault weapons mainly affects dealers and manufacturers. Newly banned assault weapons may not be sold in New York and dealers and manufacturers will know what weapons can and cannot be sold. Q: I have a pistol that appears on my pistol license that now qualifies as an assault weapon, do I still need to register it? A: No, as long your pistol license includes this pistol, you do not need to separately register it. Q: When I register my assault weapon, will my records be kept private? A: Yes. The NY SAFE Act ensures that the privacy of gun owners is protected and keeps these records confidential. Magazines Q: How has the law changed for magazines? A: Since the federal assault weapons ban in 1994, it has been illegal in New York State to buy, for any gun, a detachable magazine, manufactured after the law took effect, that can contain more than ten rounds. This law does not change that. Starting April 15, 2013, only magazines that contain 7 rounds or less will be sold in New York, including permanently modified magazines.

4 Q: Is there a limit to the number of magazines that I can buy at one time? A: No. The NY SAFE Act does not put any limitations on the amount of magazines that can be purchased. Q: Can modified magazines be sold by dealers or individuals? A: Yes, anyone can sell a modified magazine. Q: Going forward, what magazines can I buy? A: As of April 15, 2013, only magazines that can contain 7 rounds or less will be sold in New York, including permanently modified magazines. Q: What can I do with a ten round magazine that I buy before April 15, 2013? A: You can keep it. Starting on April 15, 2013, you are limited to putting in seven rounds, unless you are at an incorporated firing range or competition recognized by the National Rifle Association or International Handgun Metallic Silhouette Association, in which case the limit is ten. Q: Do I have to modify the ten round magazine that I buy before April 15, 2013? A: No. Ammunition Q: Is there a limit to the amount of ammunition that I can buy at one time? A: No. The NY SAFE Act does not put any limitations on the amount of ammunition that can be purchased. Q: Will I be limited on the amount of ammunition I can buy in a year from now? A: No. The NY SAFE Act does not put any limitation on the amount of ammunition that can be purchased. Q: Do I have to go through a background check to buy ammunition today? A: No. Starting January 15, 2014, a background check will be conducted by dealers before ammunition is sold. Antique Guns & Magazines Q: Is there any exception for historic or antique guns and magazines?

5 A: Yes, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon it must be registered. Q: What qualifies as an antique gun or magazine? A: Any magazine or gun manufactured more than 50 years ago. Q: I have an antique gun that now qualifies as an assault weapon. Can I transfer it? A: Yes. As long as the gun is registered, it can be freely transferred to anyone. Q: I have an antique gun with a magazine that can contain more than ten rounds. Can I keep the magazine? A: Yes, provided that you register both the gun and magazine using the same simple registration process that is used for assault weapons. Private Sales Q: I want to sell my gun to someone who is not a dealer. What do I have to do? A: A NICS check must be performed on the prospective buyer by a dealer. Q: What if I want to sell my gun out of state, does a dealer need to perform a NICS check? A: No. You can sell your gun out of state, provided you follow the laws of the state. Federal law has certain restrictions on shipping guns between states that you should consult before making a transfer. Safe Storage Q: When am I required to safely store my gun? A: You are required to safely store your gun if you live with someone who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection. Q: What do I have to do to safely store my gun? A: You can use an appropriate locking device including a trigger lock, a gun safe, or a secure gun cabinet. Dealers Q: I have guns in my inventory that are now defined as assault weapons and magazines that can contain more than ten rounds. What can I do with them? A: You can transfer them to another dealer or sell them out of state or to law enforcement. You can also permanently modify these guns and magazines and sell them in state.

6 Q: If someone paid for a gun before January 15, 2013 that is now classified as an assault weapon, but the gun hasn t been delivered to the buyer, what do I do? A: You may still give the gun to the buyer, but it must be registered by April 15, Q: If I sell ammunition, can I keep selling it? A: Yes. Currently the law does not add any obligations on sellers. Sellers of ammunition will have to register by January 15, A form will be made available and you will not need to appear in person or wait for a background check. Q: Do I have to do a NICS check for someone that is privately selling a gun? A: No, there is no legal obligation for you to agree to conduct a NICS check on a transaction between two private parties. It is up to your discretion. If you choose to do so, you may charge no more than $10. Q: Is there any background check required for purchasers of ammunition? A: No. The background check requirement does not take effect until January 15, Q: I am a dealer that sells guns that are now classified as assault weapons to law enforcement; can I continue doing this under the new law? A: Yes. Nothing in this law changes the ability of dealers to sell to law enforcement or to transfer weapons to other dealers or out of state. Privacy Q: I have a pistol license, will my records be kept private? A: Starting on February 15, 2013, a form will be available for you to submit requesting that your records be kept confidential. Regardless of whether a form has been filed out, no records will be released from now until May 15, Before the NY SAFE Act, there was no method for licensees to request confidentiality. Q: When I register my assault weapon, will my records be kept private? A: Yes. The NY SAFE Act ensures that the privacy of gun owners is protected and keeps these records confidential. Crimes Q: What are the changes in the law when it comes to crimes performed with illegal guns? A: The law establishes tougher penalties for those who use illegal guns as well as measures to help combat gang violence. Tougher penalties under the law include:

7 Murder of a first responder who is engaged in his or her duties will become a Class A-1 felony, with a mandatory penalty of life in prison without parole. Possession of a firearm on school grounds or a school bus will be increased from a misdemeanor to a Class E Felony. Possession of an unloaded gun will be raised from a misdemeanor to a Class E felony. Recklessly injuring a child by a firearm will become a Class D felony. The purchase of a gun for someone the buyer knows to be disqualified because of a conviction of a crime, an involuntary commitment or other disqualifier, will be raised to a Class D felony from a misdemeanor. This also raised to a class D felony the sale or transfer of a firearm to an individual known to be prohibited from possessing a gun. Tougher penalties to permit more effective gang prosecutions, allowing a prosecutor to ask for 25 to life (previously was just 15 years) for an entire group when a gang is involved in murder. Using or carrying a firearm during drug trafficking or a violent felony will include a 5 year mandatory minimum sentence if the gun is loaded and a 3½ year mandatory minimum if unloaded. (The Court could impose a lower sentence in drug trafficking cases depending on mitigating factors). Sharing a gun with an individual who is not authorized to possess a gun and commits a crime will constitute criminal facilitation. Please note: This website is informational only and does not constitute legal advice.

8 Please note this list is not exhaustive and only includes some of the most common models

9 ATI FX45 Beretta All Revolver Models Beretta 84FS Beretta 85FS Beretta 92A1 Beretta - 92FS Beretta 96A1 Beretta Tomcat Beretta BU9 Nano Beretta M9 Beretta Model 21 Beretta PX4 Storm Beretta PX4 Sub Browning Series Browning Buck Mark Handgun Series Only (Buck Mark Series Rifles are Assault Weapons) Charter Arms Bulldog Charter Arms Mag Pug Charter Arms Pathfinder Charter Arms Pitbull Charter Arms Undercover Charter Arms Undercoverette Colt 70 Colt 1991 Colt Cobra Colt Combat Elite Colt Defender

10 Colt Gold Cup Colt New Agent Colt New Frontier Colt Mustang Colt Single Action Army Colt Rail Colt XSE Dan Wesson CCO Dan Wesson CZ Dan Wesson ECO Dan Wesson Guardian Dan Wesson Pointman Nine Dan Wesson Razorback Dan Wesson RZ-45 Heritage Dan Wesson Specialist Dan Wesson Valor Dan Wesson V-Bob Detonics Combat Master Detonics DTX Detonics MTX Detonics Nemesis Glock Model G17 Glock Model G19 Glock Model G21 Glock Model G22 Glock Model G23

11 Glock Model G26 Glock Model G27 Glock Model G30 Glock Model G33 Glock Model G34 Glock Model G35 Glock Model G37 Glock Model G39 Heckler&Koch HK45 Heckler&Koch Mark 23 Heckler&Koch P30 Heckler&Koch P30L Heckler&Koch P2000 Heckler&Koch P2000SK Heckler&Koch USP Heckler&Koch USP Compact Heckler&Koch USP Tactical Hi-Point C-9 Hi-Point CF-380 Hi-Point JCP 40 Hi-Point JHP 45 Kahr PM40 Kahr PM45 Kel-Tec PF-9 Kel-Tec P-11 Kel-Tec P-32

12 Kel-Tec P-3AT Kimber Aegis II Kimber CDP II Kimber Covert II Kimber Crimson Carry II Kimber Custom Kimber Eclipse II Kimber Gold Match Kimber Raptor II Kimber Solo Kimber Super Carry Kimber Tactical II Kimber Team Match Kimber Ultra Carry II Rossi R35102 Sig Sauer P239 Sig Sauer P290 Smith & Wesson 22A Smith & Wesson 27 Smith & Wesson 36 Smith & Wesson 41 Smith & Wesson 58 Smith & Wesson 60 Smith & Wesson 67 Smith & Wesson 317 Smith & Wesson 340PD Smith & Wesson 351

13 Smith & Wesson 442 Smith & Wesson 460XVR Smith & Wesson 500 Smith & Wesson 617 Smith & Wesson 625 Smith & Wesson 629 Smith & Wesson 637 Smith & Wesson 638 Smith & Wesson 642 Smith & Wesson 647 Smith & Wesson 649 Smith & Wesson 1911 Smith & Wesson Bodyguard Smith & Wesson Governor Smith & Wesson M&P Smith & Wesson SD9 Smith & Wesson SD40 Springfield Armory 1911 Springfield Armory XD Springfield Armory XDM Sturm Ruger Bearcat Sturm Ruger Blackhawk Sturm Ruger Sturm Ruger GP100 Sturm Ruger LC380 Sturm Ruger LC9

14 Sturm Ruger LCP Sturm Ruger LCR Sturm Ruger P95 Sturm Ruger Redhawk Sturm Ruger Super Redhawk Sturm Ruger Single-Six Sturm Ruger SP101 Sturm Ruger SR9 Sturm Ruger SR40 Sturm Ruger SR40C Sturm Ruger SR45 Sturm Ruger SR1911 Sturm Ruger Vaquero Taurus Model 617 Taurus Tracker

15 Please note this list is not exhaustive and only includes some of the most common models

16 Advance Armament Inc. M 11 Bushmaster Pistol Calico M 950 Encom MP 9 and MP 45 Intratec TEC 9 Military Armament Corp. Ingram M 11 RPB Industries Inc. o sm10 o sm11 Sites Spectre Sterling MK 7 SWD Incorporated M11 UZI

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26 Please note this list is not exhaustive and only includes some of the most common models

27 Browning A Bolt Browning A Bolt III Browning BAR Browning BAR LongTrac Series Browning BAR ShortTrac series (Except ShortTrac Hog Stalker Realtree Max-1) Browning BAR Stalker Series Browning BL 22 Browning BLR Series BAR Safari Browning Semi Auto 22 Browning T Bolt Series CZ 527 Varmint David Pedersoli 1886 Henry.22 Henry Pump Octagon Marlin 308 Series Marlin 336C Marlin 338 Series Marlin 795 Marlin 1894 Marlin Model Golden 39A Marlin X7 Series Marlin XLR Series Marlin XT

28 Mossberg Mossberg 702 Remington Junior Target 521TL Remington Keene rifle Remington Nylon 66 Remington M1903 Springfield rifle Remington Model 5 Remington Model 6 Remington Model 7 Remington Model 14 Remington Model 30 Remington Model 34 Remington Model 40 Remington Model 121 Fieldmaster Remington Model 141 Remington Model 241 Remington 270 Remington 336 Remington Model 504 Remington Model 511 Scoremaster Remington Model 512 Sportmaster Remington Model 513 Remington Model 572 Fieldmaster

29 Remington Model 600 Remington Model 660 Remington Model 673 Remington Model 700 Remington Model 710 Remington Model 721 Remington Model 722 Remington Model 725 Remington 760 Remington Model 770 Remington Model 788 Remington Model 798 Remington Model 799 Remington 7600 Remington Modular Sniper Rifle Remington XM2010 ESR Remington Woodmaster Savage 11/111 BTH Hunter Series Savage 11/111 FCNS Hunter Series Savage 12 BTCSS Varmint Series Savage 12 BVSS Varmint Series Savage 12 FCV Varmint Series Savage 12 FLV Varmint Series Savage 12 FV Varmint Series

30 Savage 12 LRPV Left Port Varmint Series Savage VLP DBM Varmint Series Savage 14/114 American Classic Savage 14/114 American Classic Stainless Savage 17 Series 93R17 BRJ Savage 17 Series 93R17 BSEV Savage 17 Series 93R17 BTV Savage 17 Series 93R17 BTVLSS Savage 17 Series 93R17 BTVS Savage 17 Series 93R17 BVSS Savage 17 Series 93R17 Camo Savage 17 Series 93R17 F Savage 17 Series 93R17 FSS Savage 17 Series 93R17 FV Savage 17 Series 93R17 FVSS Savage 17 Series 93R17 GLV Savage 17 Series 93R17 GV Savage 17 Series 93R17 TR Savage 17 Series 93R17 TRR SR Savage 25 Lightweight Varminter Savage 25 Lightweight Varminter T Savage 25 Walking Varminter Savage 64 F Savage 64 FSS Savage 64 G

31 Savage 93 BRJ Magnum Series Savage 93 BSEV Magnum Series Savage 93 BTVS Magnum Series Savage 93 F Magnum Series Savage 93 FSS Magnum Series Savage 93 FV Magnum Series Savage 93 FVSS Magnum Series Savage 93 G Magnum Series Savage 93 GL Magnum Series Savage Axis 7mm Savage Axis Camo Savage Axis SR Savage Axis Stainless Savage Axis Stainless XP Savage Axis XP Savage Axis XP Camo Savage Axis XP Youth Savage Axis XP Youth Camo Savage Axis XP Youth Muddy Girl Savage Axis Youth Savage Mark II BRJ Savage Mark II BSEV Savage Mark II BTV Savage Mark II BTVLSS Savage MARK II BTVS Savage Mark II BV Savage MARK II Camo

32 Savage Mark II F Savage Mark II FSS Savage Mark II FV Savage Mark II FV SR Savage Mark II FVT Savage Mark II G Savage Mark II GL Savage Mark II GLY Savage Mark II GY Savage Mark II TR Savage Mark II TRR SR Savage Target Series 12 Bench Rest Savage Target Series 12 F Class Savage Target Series 12 F/TR Savage Target Series 12 Long Range Precision Savage Target Series Palma Savage Weather Series 16/116 FCSS Savage Weather Series 16/116 FHSS Savage Weather Series 16/116 FLHSS Savage Weather Series 16/116 FSS Springfield Uberti 1866 Yellowboy Winchester Model 70 Winchester Model 71 Winchester Model 76 Winchester Model 94 Winchester Model 1873 Winchester Model 1885 Winchester Model 1892 Winchester 1907

33 Please note this list is not exhaustive and only includes some of the most common models

34 Armalite AR 180 Beretta AR 70 Calico M 900 Century Arms MAS 223 CETME Sporter Daewoo: o K 1 o K 2 o Max 1 o Max 2 o AR 100 o AR 110C Fabrique Nationale: o CAL o F2000 o SCAR o PS90 o FAL o LAR o FNC o 308 Match

35 HK 91, HK 93, HK 94, HK PSG 1 J&R ENG M 68 Norinco 84S, and 86S Poly Technologies AKS and AK47 RPB Industries Inc. sm10 and sm11 SIG AMT o PE 57 o SG 550 o SG 551 Sterling MK 6 Steyer AUG SWD Incorporated M11 UZI and Galil Valmet o M62S o M71S o M78S Weaver Nighthawk

36 Any AR 15 variant designed to fire ammunition in any caliber manufactured by the firms listed below: AAC Accurate Tool & Manufacturing Adams Adcor Addax Tactical Ad Tek Aero Precision AFM AGP Arms Alexander Arms Ameetec American Spirit Arms American Tactical Anderson Manufacturing Anvil Arms Ardel Engineering & Manufacturing Arizona Armory ArmaLite ATI Barnes Precision Machine Barrett Firearms Manufacturing

37 Bartlett Enterprises Battle Born BCM Black Heart International (BHI) Black Hole Weaponry Black Rain Ordnance Blackthorne BOHICA Bushmaster Firearms International C3 Defense Carolina Mountain Tactical Cavalry Arms CD Defense Centurion Arms Century Arms Charles Daly firearms Christensen Arms CMMG Colt Canada (previously Diemaco) Colt's Manufacturing Company Continental Machine & Tool (CMT) Core 15 Rifles Systems Crusader Weaponry Dalphon Dane Armory Daniels Defense

38 Dedicated Technology Delaware Machinery Del Ton Denny's Guns Diamondback Dlask RIFLES Double Diamond Double Star DPMS Panther Arms Dreadnaught Industries DS Arms DSC/J&P Dist. DSG Arms Eagle Arms Essential Arms Ferfrans Firebird Precision Floro International Corporation FN Frankford Arsenal Fulton Armory GATITO Arms Good Times Outdoors Gunsmoke Head Down Products Heckler and Koch

39 Hero Guns Hesse Arms High Standard Manufacturing Company Hogan Hughes Precison Products Huldra Iron Ridge Arms JD Machine Tech JP Rifles, Inc. Kaiser Kies Knight's Armament Company Land Warfare Resources Corporation International (LWRCI) LAR LaRue Lauer Custom Weaponry Legion Firearms Les Baer Lewis Machine and Tool Company LMT Loki Weapons Systems Lone Wolf LRB Arms M2 Corporation Magpul Industries McKay Enterprises, LLC.

40 Mega Machine MGI Mohawk Armory Mossberg New Frontier Arms Next Generation Nodak Spud Norinco Noveske Olympic Arms Ordnance, Inc Palmetto Para Ordnance (Para USA) Patriot PAW Arms Plum Crazy POF Predator Custom Shop RIFLES Professional Ordnance, Inc. PWA PWS Quality Arms Quentin Defense Red Jacket LLC. Red River Tactical Remington Arms RGM R Guns Rip Tactical

41 RND Machining Rock River Arms Rocky Mountain Arms Roggio Arsenal Sabre Defence/Manroy USA Schmeisser Seekins Sendra Sharps SI Defense Sig Sauer Sionics SLR 15 Smith & Wesson SMOS SOG Armory Spikes Tactical Stag Arms STI Stinger Arms Sturm, Ruger RIFLES Sun Devil Superior Arms Surplus Ammo& Arms Tactical Innovations Tactical Machining TNW United Defense Manufacturing Corporation USA Tactical Firearms Vltor Vulcan Wilson Combat Windham YHM Corp Z M Weapons Zombie Defense

42 Any AK 47variant designed to fire ammunition in any caliber manufactured by the firms listed below: AK Concepts AK USA Manufacturing American Arms Armory USA Arsenal Bulgarian Arsenal B West B West Century Arms Cugir Arsenal Dragunov Sniper Rifles Ernst Thaelmann VEB East Germany Ewbank Manufactureing Firing Line Firing line Global Trades Global Trades/Armory USA Hesse Hesse Arms Horn Custom rifle Hungarian Arsenal Inc Inter Ordnance Izhevsk Factory Russia Kalashnikov USA Krebs Custom Inc.

43 Krinks Lucznik in Radom Poland MAADI CO MARS Marshall Arms Mitchell Arms, Inc MLS99 Norinco Ohio Ordnance Works Ohio Rapid Fire Piece of History Firearms LLC Poly Technologies Polyany Arsenal Russia PolyTech Precision Metal Works Red Jacket Firearms Robinson Armament Co. Romarms Russian American Arms Sadu Arsenal State Armory in Radom Poland Styer Suhl Factory East Germany Tapco Tula Arsenal Russia Valmet Vector Arms Vulcan Arms WUM

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67 Not Assault

68 Please note this list is not exhaustive and only includes some of the most common models

69 FN Herstal SLP MK1 TACT Franchi SPAS 12 and LAW 12 RAAC MKA1919 SEMI AUTO Remington Versa Max Tactical Remington Model 1100 TACTICAL Saiga semi automatic shotgun SRM Tactical Semi Auto Shotgun Striker 12 The Streetsweeper type S/S Inc. SS/12

70 1. It is semiautomatic AND 2. It has one of the following military characteristics:

71 Folding or Telescoping Stock Thumbhole Stock Second Handgrip or Protruding Grip that can be held by non shooting hand Fixed magazine capacity in excess of seven rounds An ability to accept a detachable magazine

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90 Not Assault

91 Not Assault