Syracuse.com - N.Y. SAFE Act and hunters: How will the law be enforced?

[HuntingNY-News]

I've been trying for a week to get answers.

When it comes to the SAFE Act, state officials are playing it safe - particularly when it comes to discussing how it's going to be enforced.

Prior to last week's opening of the big game hunting season (deer/bear) in the Southern Zone, I submitted a list of questions to the state Department of Environmental Conservation concerning how the legislation will affect hunters with firearms this fall.

It hasn't been easy to get answers.

A full, colorful page on this year's DEC's hunting guide (page 2) contains a colorful "Message from the Governor" about his "New York's Open for Hunting and Fishing" program. The SAFE Act is addressed in a tiny box at the bottom of page 16, noting "Gov. Cuomo's NY SAFE Act will have no impact on most hunters in New York," and that for further questions, see the SAFE Act website at www.nysafeact.com.

On Nov. 12 -- four days before the start the season opener for big game -- I sent more than a half dozen questions to the DEC's public information office in Albany. By mid-day late Thursday, I was informed that it was being passed on to the New York State Police's public information office in Albany.

Several phone calls resulted in assurances it was being "worked on." By late Friday, a State Police spokesman said he was "hopeful" answers to my questions would be sent by the end of the day. I called the State Police office at 5:15 p.m. and got an answering machine. As I was getting ready to leave for the day, I got a brief email at 5:34 p.m. from State Police.

The email I received had two sentences, plus a note to check the SAFE Act website for the remainder of the answers. This weekend, I checked the website and the answers to three of my questions were not there.

I got back in touch with the State Police public information office again Monday and gave them a deadline of 10 a.m. this morning (Tuesday). I received answers to two of my remaining questions. Left answered was the question about how state environmental conservation officers will enforce the SAFE Act this hunting season.

My goal was to get all this done before the hunting season started so hunters would given a heads-up. As I described above, it hasn't worked out that way.

The following is a list of my questions and the answers given:

1). If I currently own a firearm classified as an "assault weapon by the SAFE ACT, can I still hunt with it?

Answer: The SAFE Act did not regulate hunters other than what weapons can be brought in from out-of-state by hunters. Hunters should always abide by federal and state laws regulating hunting.

2). Current state conservation law, which has been in effect for years prior to the SAFE ACT, stipulated that hunters could have no more than six rounds (one in the chamber, five in a clip) in a semi-automatic firearm being used for hunting. The SAFE Act limit is seven, which allows for one more round. Which rule should hunters, who are using firearms classified under the law as "assault weapons" follow?

Answer: Hunters should always abide by federal and state laws regulating hunting.

3). How does the SAFE Act affect other firearms, such as shotguns or bolt action rifles that aren't classified as semi-automatics, but yet can hold more than seven rounds?

Answer: "You may only load 7 rounds into the magazine," according to nysafeact.com.

4). Are .22 caliber, semi-automatic rifles that some hunters use for small game included in the 7-round limit?

Answer: "You may only load 7 rounds into the magazine," according to nysafeact.com.

5). What's the story with out-of-state hunters who bring in firearms into this state that are now classified as "assault weapons." Will they be treated differently than in-state hunters when it comes to these firearms?

Answer: "Non-residents are not able to register their currently owned 'assault weapons' with the State Police," according to State Police.

6). What will be the penalties (money-wise) for violation of such things as having too many rounds in your clip or in our firearm... or being an out-of-stater with an illegal weapon? Will the firearm be seized for these SAFE Act violations?

Answer: Too many rounds - Class A misdemeanor, bringing in an illegal weapon - Class D Felony.

7). The provision in the SAFE Act that requires a background check for the purchase of ammunition isn't in effect yet. When does that start?

Answer: There are two requirements that are legally set to go into effect on January 15, 2014. The first is the law that requires all sellers of ammunition to register with state police and the second law that requires all ammunition transfers to take place face-to-face and be facilitated by a New York State ammunition dealer. These provisions will go into effect on that date.

The SAFE Act law also provides that background check and record keeping requirements imposed on all retail sellers of ammunition are scheduled to take effect 30 days after the Superintendent of the New York State Police certifies that a statewide license and record database is created for such a process and that certification has not yet been made and the system is still being developed.

. Bottom line: What are environmental conservation officers being ordered to check for when they stop hunters out in the woods or fields. Will they, for example, be routinely checking firearms and their magazines to make sure they comply with the SAFE Act, in addition to checking for licenses and other routine stuff?

Answer: you will have to contact DEC for their enforcement policy.

Note: I have contacted the DEC's Albany press office this morning for an answer to Question 8. I will share the answer I receive with readers as soon as I get it. Stay tuned.

View the full article on The Syracuse Outdoors Blog