NY SAFE Act

The New York Secure Ammunition and Firearms Enforcement Act of 2013 commonly known as the NY SAFE Act is a gun control law of the state of New York. The law was passed by the New York State Legislature on January 15, 2013, and was signed into law by Governor of New York Andrew Cuomo on the same day.

The legislation was written in response to the Sandy Hook Elementary School shooting in Newtown, Connecticut. It was sponsored by State Senator Martin Golden. It passed the New York State Senate on Monday, January 14, and the State Assembly on Tuesday, January 15. Governor Andrew Cuomo signed the bill into law half an hour after it passed the legislature. It is one of the most restrictive state wide gun control laws in the United States; Cuomo described the law as the toughest gun control law in the United States.

The NY SAFE Act contains a number of firearms regulations, and a severability provision, in case the broad prohibitions against weapons are invalidated by the courts.

Provisions

The SAFE Act includes the following provisions:

• Bans possession of any "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for a detachable magazine is reduced from ten rounds to seven. Magazines owned before passage of the SAFE Act able to hold seven to ten rounds can be possessed, but cannot be loaded with more than seven rounds. .22 caliber tubular magazines are exempt from this limit. Previously legal "pre-1994-ban" magazines with a capacity of 30 rounds are not exempt, and must be sold within one year to an out-of-state resident or turned into local authorities. The magazine limit takes effect April 15, 2013.
• Ammunition dealers are required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup. Ammunition background checks will begin January 15, 2014.
• Requires creation of a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state.
• Requires any therapist who believes a mental health patient made a credible threat of harming others to report the threat to a mental health director, who would then have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.
• Stolen guns are required be reported within 24 hours. Failure to report can result in a misdemeanor.
• Reduces definition of "assault weapon" from two identified features to one. The sale and/or transfer of newly defined assault weapons is banned within the state, although sales out of state are permitted. Possession of the newly-defined assault weapons is allowed only if they were possessed at the time that the law was passed, and must be registered with the state within one year.
• Requires background checks for all gun sales, including by private sellers - except for sales to members of the seller's immediate family. Private sale background checks will begin March 15, 2013.
• Guns must be "safely stored" from any household member who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection. Unsafe storage of assault weapons is a misdemeanor.
• Bans the Internet sale of assault weapons.
• Increases sentences for gun crimes, including upgrading the offense for taking a gun on school property from a misdemeanor to a felony.
• Increases penalties for shooting first responders (Webster provision) to life in prison without parole.
• Limits the state records law to protect handgun owners from being identified publicly. However, existing permit holders have to opt into this provision by filing a form within 120 days of the law's enactment. There also may exist issues with respect to "registered" owners in the new regulations vs "permit" holders under previous law.
• Requires pistol permit holders or owners of registered assault weapons to have them renewed at least every five years.
• Allows law enforcement officials to pre-emptively seize a person's firearms without a warrant if they have probable cause the person may be mentally unstable or intends to use the weapons to commit a crime.

Criticisms

The law came under criticism immediately in the form of public protest in Albany, New York, on January 19, 2013, attended by several thousand protesters.

The law was criticized as "rushed through" (as Cuomo is a duche bag)the state legislature without consideration of whether it would criminalize Police and other law enforcement officers who carry firearms with magazines with a larger capacity than those allowed for civilians. Police officers are not explicitly exempted from certain of the law's provisions, and the governor's office is planning on working with the state legislature to amend the legislation. Technically, the pre-existing exemption from the previous 10 round limit may cover law enforcement. On January 18, 2013, Governor Cuomo's spokesman said police officers possessing magazines with more than seven bullets would not be deemed to be in violation of the law.

Retired police officers do not appear to be excluded from any of the laws provisions, but they are working to exempt them.

The New York State Sheriffs' Association issued a statement criticizing several aspects of the legislation. Included among them is their belief that "the new definition of assault weapons is too broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense." The new seven round magazine limit was also criticized, but the statement did express support on the issue of tougher penalties for illegal use of firearms.

Some mental health experts have expressed concerns that the law might interfere with their treatment of potentially dangerous individuals, or discourage such people from seeking treatment.

Others have claimed that this is a back door ban on handgun sales, noting that seven round magazines simply do not exist for many popular models.

Since signing the NY SAFE Act into law, New York governor Andrew Cuomo's approval rating has dropped 15% from 74% in December, 2012 to 59% as of January 30, 2013.

Legal challenges

On Tuesday, January 29, 2013, Buffalo attorney James D. Tresmond, Esq, filed a lawsuit in New York State Supreme Court before the Honorable Diane Devlin, making this the first legal challenge to the NY SAFE Act to be heard in any court. Further proceedings are scheduled for April 25, 2013 at 9:30 a.m. Also on the same day The New York State Rifle and Pistol Association filed a notice of legal claim.

See also

• Gun laws in New York
• Sullivan Act