New NY Gun Law Fact Sheet

[WingNut]

Here is a link the NY State Troopes WebSite. It lists some but not all of the weapons on the ban list. Thes is also a link to the new Bill.

http://www.troopers.ny.gov/Firearms/NYS_SAFE_Act/

[Five Seasons]

Received this from a friend. Might help clarify for some people

FACT SHEET NEW YORK’S NEW GUN CONTROL LAW *This is a summary. It is not exhaustive*

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The legislation (S. 2230) passed by the legislature and signed by the governor contains the following key components of significance to law abiding gun owners and pistol licensees.

Redefines and Bans “Assault Weapons.” An ‘assault weapon’ is now defined as any semiautomatic rifle or pistol capable of accepting a detachable magazine with ONE military style feature (folding stock, pistol grip, thumbhole stock, second grip that can be held by the weak hand, bayonet mount, flash suppressor, muzzle brake, compensator or threaded barrel or grenade launcher); any semiautomatic shotgun with ONE of the following: folding or thumbhole stock; second grip that can be held by the weak hand; a fixed magazine in excess of seven rounds; ability to accept a detachable magazine; A semiautomatic pistol that can accept a detachable magazine and has at least one of the following: folding or thumbhole stock; second grip that can be held by the weak hand; capacity to accept a magazine that attaches to the pistol outside of the pistol grip, threaded barrel, barrel shroud, weight of 50 oz or more when unloaded.

Within one year, all “assault weapons” under the new definition (pre-1994 and now pre-2013 semi-autos as defined above) must be registered with the state police at no cost. This will trigger a NICS check. Current owners may transfer these semi-autos only to a dealer or sell them out of state. Intentional failure to register will be a class A misdemeanor. Unintentional failure will trigger a 30 day grace period to register, after which the gun will be confiscated. Knowing possession of an unregistered assault weapon will be a felony.

The law does not distinguish between rimfire or centerfire firearms. Even .22s are covered by the law.

Exempt: the following are not ‘assault weapons’ and are not affected by this law: bolt action or pump rifles and shotguns; antiques; revolvers; semi-automatic rifles that cannot accept a detachable magazine; semi-auto shotguns holding five or fewer shotgun shells in a fixed or detachable magazine.

Magazines. The law bans all magazines in excess of ten rounds, including “pre-ban” magazines of 20 or 30 rounds previously possessed lawfully. High capacity magazines possessed lawfully heretofore must be disposed of out of state or to someone authorized to possess them within one year. Ten round magazines are grandfathered, but it will be a crime to load them in excess of seven rounds. Magazines older than 50 years old – curios and relics – are exempt. No new ten round magazines may be sold or possessed in New York.

Pistol licenses. All pistol licenses will have to recertified (not renewed) every five years. Licensees will have to confirm to the state police that their information is current and that their registered pistols are still the only ones possessed. Pistol licensees will be able to request that their names be withheld from public disclosure, and state police will compile a statewide database of pistol license holders.

Ammunition. All ammunition purchasers must undergo an instant background check at the point of sale when the new state check system takes effect. This provision does not take effect for a year. A buyer of pistol or revolver ammunition will need to show a valid NYS pistol license and a driver’s license. Internet sales of ammo are banned except in the presence of a gun dealer where a NICS check is required.

Gun sales. A NICS background check will be required for all private sales of long guns in New York, except transfers to immediate family members.

Gun storage. The new law requires the safe storage of guns in a house where the gun owners knows someone in the house is mentally ill, prohibited from possessing a gun, is a convicted criminal or subject to an order of protection.

[josephmrtn]

OUCH!!!! that deff lays it out plain

[BizCT]

so who do you contact if you have a .22 rimfire that using a magazine? the state troopers?

[steve863]

so who do you contact if you have a .22 rimfire that using a magazine? the state troopers?

If it doesn't have one of the evil features, you need not do anything.

[DTG3k]

so who do you contact if you have a .22 rimfire that using a magazine? the state troopers?

No one if it doesn't have any of those military features.

[BizCT]

got it, thanks. read it too quick.

[joe12]

So i guess that pump action shotguns with pistol grips are OK??? I think that earlier versions of the bill classified these as assault weapons but it doesnt look like that made it into the final bill.

[mac]

how long you think we have until the 7 round mag limit for NY goes into effect ? I havent seen any timeframe on that, has anyone ?

[Geno C]

well thats as clear as it gets, thanks for the post

[Sogaard]

Sucks that a pistol with a muzzle break (many competition pistols have this added) is now illegal if it takes a magazine.

[Moosemaple]

How does this affect lever action rifles, do you have to plug them so they will only hold 7-rounds?

[Sogaard]

I believe the new legislation is only for semi-autos. If your level action was legal before, it should still be legal.

[132 eight pointer]

Confused again.I thought only ten round clips made before 1994 are grandfathered and can be loaded with 7 rounds and be legal. If I load a ten round .22 semi-auto rifle clip made in the last few years with 7 rounds do I pass go or do I go directly to jail ??

[Five Seasons]

Year of manufacturer no longer matters. All pre-ban 10+ mags are illegal in a year, period. Any 10 round mags purchased before Tuesday are legal, but cannot be sold or transferred within state and can only be loaded with 7.

As far as effective date, I understand it to be immediate. But the cops and gun sellers have not been given any guidance as they normally would have had it been put through the normal process and not rushed.

[joe12]

Can you purchase an "assault rifle" out of state and register it here in ny within a year?

[132 eight pointer]

Year of manufacturer no longer matters. All pre-ban 10+ mags are illegal in a year, period. Any 10 round mags purchased before Tuesday are legal, but cannot be sold or transferred within state and can only be loaded with 7.

As far as effective date, I understand it to be immediate. But the cops and gun sellers have not been given any guidance as they normally would have had it been put through the normal process and not rushed.

O.K. thanks. I read online that the Monroe County Clerk said there were many unanswered questions .

[tuckersdaddy]

so if the way i read it is if i jb weld my 100 round drum into my ak so its not detachable,i can keep my pistol grip and gernade launcher? yes its a serious question in a light maner

[joe12]

Lol - how would you reload?

[tuckersdaddy]

Lol - how would you reload?

thats why it would be the 100 and not the 30.....give me more time to work that out!

[waterweasle]

Lol - how would you reload?

pull the lower off.................load up, reconnect the upper and lower........................there ya go

[tuckersdaddy]

so back to the original question, since the clip is no longer detachable is it legal to have the pistol grip and launcher on it?

[clayshooter25]

So a lever action Henry .22 with a tubular mag that holds in excess of 5 rounds is legal and needn't be modified... Correct?

[ants]

So is a semi auto pistol an "assault weapon?" It accepts a detachable magazine and has a pistol grip. LOL!!! Maybe I shouldn't laugh.

[Five Seasons]

thats why it would be the 100 and not the 30.....give me more time to work that out!

from what i understand the law specifically spells out detachable magazines. We will find loop holes, one already being discussed is that tube fed guns of any capacity are not listed here. Just a matter of time before a manufacturer or accessory dealer figures out the loop holes. Then it'll just be a matter of time after that congress bans the loop hole... they fixed many of the current ones with this bill. And in all honesty, minus the assault weapon "scary looking gun" ban and the magazine limits not much else bothers me. It'd be nice to buy cheaper ammo online and sounds like the checks for ammo will be a hassle but it doesn't end my world. But now how am I going to buy a legal handgun that isn't a revolver?

so back to the original question, since the clip is no longer detachable is it legal to have the pistol grip and launcher on it?

i dont believe so. My reasoning is that a semi-auto shotgun doesn't have a detachable mag, but a thumbhole stock is still illegal.

So a lever action Henry .22 with a tubular mag that holds in excess of 5 rounds is legal and needn't be modified... Correct?

correct. to my knowledge even a semi auto tube fed rifle doesn't have a capacity limit.

So is a semi auto pistol an "assault weapon?" It accepts a detachable magazine and has a pistol grip. LOL!!! Maybe I shouldn't laugh.

ha that is kind of funny, but i believe it has to have one of the other banned characteristics. But you're registering your handgun on your permit anyhow... so i'm not sure it matters other than for future sale. And in that case, just remove the accessory.

Edited January 18, 2013 by Belo