SAFE Act Changes

[fasteddie]

On 7/10/2015 5:04 PM, Senator Michael F. Nozzolio wrote:

A very tough battle was waged.  A positive result was achieved.

 

As a result of extensive negotiations throughout the last several weeks, our efforts have been successful. 

The SAFE Act ammunition database and background check has been stopped

by a signed AGREEMENT between Governor Cuomo and State Senate Majority Leader John Flanagan.

 

This Memorandum of Understanding (MOU) agreement is a victory for every law-abiding gun owner in New York State. The ammunition database and background check requirements of the SAFE Act relied on unproven technology, and establishing it would have cost New York State taxpayers upwards of $100 million - a colossal waste of tax dollars.

 

The establishment of this database was an affront to all law abiding gun owners and those who believe as strongly as I do in our 2nd Amendment rights!

 

Under the two-way agreement, the statewide ammunition database program is suspended and

“

no expenditures of state monies shall be allocated

for the purposes of purchasing and installing software, programming and interface required to transmit any record for the purpose of performing an eligibility check

”

for buying ammunition unless both parties agree to proceed. 

 

The database and background check directive in the SAFE Act was offensive to those who cherish our 2nd Amendment rights and will 

NOT be implemented and the necessary steps to establish it are suspended unless the State Senate provides its express approval. 

 

The MOU language formally halts the ammunition background check program, even though Assembly Speaker Carl Heastie of the Bronx refused to participate in our negotiations.  Senate Republicans were successful in removing ammunition database allocations proposed by the Governor in the New York State budget but we sought a more official solution.

 

The formal MOU agreement was signed by Governor Cuomo

’

s Director of State Operations James Malatras, and State Senate Majority Leader John Flanagan.

 

A few months ago, no one would have predicted that we could achieve this agreement from the Governor who pushed this misguided and offensive law through in the first place.  The agreement resulted from an all out effort by Senate Republicans and Majority Leader John Flanagan during the just completed negotiations that wrapped up end-of-session issues such as the renewal of the property tax cap, property tax rebate checks for homeowners, Common Core reforms and the evaluation process for teachers.

 

Senator Flanagan kept his word that he would work with us to make real changes to the SAFE Act.  He has shown strong leadership in getting positive results that are important to the people of Upstate New York  and my Senate district.

 

The repeal of the ammunition background check was a part of legislation I sponsored, (S.5837/A.8196) which contained a number of reform provisions, and was passed in the State Senate this session.  Other provisions would allow immediate family members to inherit firearms as part of an estate as long as a background check was conducted; reform the recertification process; and provide more protections for individuals

’

data on pistol permits while still requiring the state to release aggregate data; and require the state to provide clearer due process rights.

 

In the State Assembly, which is heavily dominated by New York City, the bill stalled even though it had a Democrat Majority sponsor, Assemblyman Anthony Brindisi from Utica.  A total of 26 Assembly members signed onto the legislation, but it failed to be brought up for a vote on the floor, even as an amendment, as requested by Majority Leader John Flanagan. 

 

Assemblymen Robert Oaks, Brian Kolb and Phil Palmesano stepped up as co-sponsors, and I commend them for listening to our constituents and doing the right thing.

 

Because the Assembly Speaker refused to agree to our legislation during negotiations, we achieved the next best thing, which was to suspend the ammunition database through the Memorandum of Understanding.   Other components of the SAFE Act already have been found to be unconstitutional, and the controversial law is the subject of several lawsuits.

 

The SAFE Act that passed in January 2013 required that sellers must determine a purchaser

’

s eligibility to possess ammunition by a currently non-existent, on-line State Police operated database.  The ongoing costs were to be borne by state taxpayers, who would also be required to pay for the equipment needed to conduct the background checks at

each

point of sale

–

literally every retailer across the state that sells ammunition.  Thanks to our efforts, these costly, onerous and ineffective requirements have been eliminated.  

 

We passed meaningful reforms in the New York State Senate.  We also BLOCKED legislation that some have characterized as

“

SAFE ACT #2

”

.

 

Our efforts

STOPPED a number of anti-2nd Amendment proposals from becoming law,

including the following:

 

—

DEFEATED a proposal to BAN and confiscate 50 caliber firearms and ammunition: S.2050, Sponsored by Senator Squadron from New York City;

 

—

DEFEATED a proposal to REQUIRE, under penalty of law, the locked storage of firearms in the home: S.2491, Sponsored by Senator Krueger from New York City;

 

—

BLOCKED from consideration the requirement to MICROSTAMP ammunition: S.1113, Sponsored by Senator Peralta from New York City;

 

—

BLOCKED from consideration the requirement that all gun owners purchase expanded and very expensive additional liability insurance: A.5864, Sponsored by Assemblyman Ortiz from New York City.

 

I encourage all who want full repeal of the SAFE Act to stay united and focused on the objective, and keep doing the hard work it takes to repeal a law that passed the State Assembly by

 

a

 

61 vote margin!

 

We have achieved important FIRST STEPS that put us on the road to FULL REPEAL of the SAFE Act.  They are important first steps, but of course more must be done, and I will continue my aggressive efforts and not stop until we achieve FULL REPEAL of the so-called SAFE Act!

 

[fasteddie]

Oh yeah , the above post was "Copied and Pasted" ................

[Curmudgeon]

I read that internet ammo sales will again be legal for NYS. However, someone told me on the phone last night that that was not true.

 

Does anyone know for sure if internet ammunition purchases will will be allowed?

[ATbuckhunter]

I read that internet ammo sales will again be legal for NYS. However, someone told me on the phone last night that that was not true.

 

Does anyone know for sure if internet ammunition purchases will will be allowed?

I'm wondering this as well!

[Five Seasons]

Oh yeah , the above post was "Copied and Pasted" ................

 

there isn't anyone on this sight against hunting and firearm discussions. Stop being silly.

[The_Field_Ager]

Dave Dipietro says this memo has no legal standing, and is simply PR for the parties involved.

Edited July 13, 2015 by Papist

[Mr VJP]

Political misdirection.  The NY GOP has failed to repeal the SAFE Act.  None of the other things they list as accomplishments were ever law, nor had they any chance of becoming law.  They only deserve applause when they totally repeal the SAFE Act, and not one day sooner.

 

[JimMac]

all there doing is blowing smoke , read section 400.00 and i bet you wont find INTERNET , ONLINE

in it .. the only thing is Face to Face to use the Database .... no database , no face to face.

the libs have been tellin the internet ban lie so much all the retailers believed it .. 

 

 

 

Article 400 - NYS Penal Law - Licensing Provisions Firearms

7. No commercial transfer of ammunition shall take place unless a
licensed dealer in firearms or registered seller of ammunition acts as
an intermediary between the transferor and the ultimate transferee of
the ammunition for the purposes of contacting the statewide license and
record database pursuant to this section. Such transfer between the
dealer or seller, and transferee must occur in person.

"Such transfer" CANNOT OCCUR at this time since "such transfer" must occur in person "for the purposes of contacting the statewide license and record database." The aforementioned database does not exist, is not running, and cannot be contacted. So, this provision is VOID until such a time as the database is running.

 

 

this is for NY business's , OUT of State dont have to follow NY laws ...

 

BTW there's been a few online sites on the west coast tha'ts been selling to NY shipping to your front door long before this MOU and a few from the southern states you just have to do some work to find them.

 

 

Edited July 13, 2015 by JimMac

[JimMac]

This MOU probably  came about because the LIBS finally figured out this section of the Law ..

 

according to Mou - Ny Safe Act - 07-10-15
and also just found it here even with this dang headache Article 400 - NYS Penal Law - Licensing Provisions Firearms

section 400 paragraph 16-b

"16-b. The cost of the software, programming and interface required to transmit any record that must be electronically transmitted by the dealer or licensing officer to the division of state police pursuant to this chapter shall be borne by the state."

where on Mou - Ny Safe Act - 07-10-15 it goes on to say The intent of this was to
keep the cost being passed down to the sellers / end buyers ..

Ok ... so this really means

 

the state has to pay for all of it .. all the computers for all the ammo sellers ..

 

how much is this gunna cost ... how much of a tax hike will ALL the people get hit with

 

OMG the anti gunners have to pay in to for there own law ... cant have that now can we ???

 

 

 

 

[Curmudgeon]

The Daily Star - Oneonta - ran an article correcting and earlier one that said internet sales would resume. The earlier information came from Senator Seward.

[JimMac]

yeah the internet sales should be starting back up because the online shops finally get it and understand they been lied to all this time from the left and NYSP .. 

 

 

[JimMac]

I heard this on another forum, so I emailed them, and received a response confirming that it is true, they will ship to NYS homes. Here is the link the CR rep linked in the email, NY Saef Act - Online Ammo Sale.

I then called, and they also confirmed. I've even heard someone tell me that Militaryshooters.com is also shipping to NYS.
.

[Curmudgeon]

This seems to contradict your link - from The Daily Star 7/13/15

 

[Five Seasons]

Political misdirection. The NY GOP has failed to repeal the SAFE Act. None of the other things they list as accomplishments were ever law, nor had they any chance of becoming law. They only deserve applause when they totally repeal the SAFE Act, and not one day sooner.

They need to do even better and allow the purchase of mags over 10 rounds like the rest of the country.

[JimMac]

This seems to contradict your link - from The Daily Star 7/13/15

 

Capture.JPG

 

LIBS back to spreading the lie ...   go read section 400 or have that person show you where it says

internet or online sales are banned ....   there is nothing stating that in the safe act ..

[Jaeger]

Didn't we hash this all out in the "couple of safe act changes" a few threads down??

 

I'm going to wait until a law change/repeal is actually voted on and signed into law.  

 

Why?  Because that's what the out of state companies are going to go by if they ever decide to ship ammo back in directly to individuals.

[Curmudgeon]

LIBS back to spreading the lie ...   go read section 400 or have that person show you where it says

internet or online sales are banned ....   there is nothing stating that in the safe act ..

 

The only thing that matters is, when I call Cabela's, will they ship me what I want or not. Lawyers, guns, money and Libs don't matter if the stuff doesn't get shipped.

 

Jaeger - I've been away and missed the earlier thread. Good screen name.

 

Edited July 14, 2015 by Curmudgeon

[Mr VJP]

According to the SAFE Act, ammo can be purchased online, BUT it MUST be shipped to an FFL in NY State where you must go to pick it up.  You will not have to go through a NICS check to get it though.  That is the only thing that has changed.

 

If you think anyone is going to legally ship ammo directly to your home anywhere in NY State, you are wrong.

 

If you can actually get any online seller to do it for you, post all of the info on this site for all to see.  Good Luck!

 

[JimMac]

will ship to your door ...

 

http://www.targetsportsusa.com/ny-safe-act-online-ammo-sales-p-58633.aspx

 

 

[Curmudgeon]

will ship to your door ...

 

http://www.targetsportsusa.com/ny-safe-act-online-ammo-sales-p-58633.aspx

 

Maybe but they don't have what I need - 30-06 ~160 grains and lead-free.

 

[Jaeger]

According to the SAFE Act, ammo can be purchased online, BUT it MUST be shipped to an FFL in NY State where you must go to pick it up.  You will not have to go through a NICS check to get it though.  That is the only thing that has changed.

 

If you think anyone is going to legally ship ammo directly to your home anywhere in NY State, you are wrong.

 

If you can actually get any online seller to do it for you, post all of the info on this site for all to see.  Good Luck!

That's correct.

 

Unfortunately, my local FFL wants to add a fee for the service.

[Jaeger]

The only thing that matters is, when I call Cabela's, will they ship me what I want or not. Lawyers, guns, money and Libs don't matter if the stuff doesn't get shipped.

 

Jaeger - I've been away and missed the earlier thread. Good screen name.

 

Thanks, your's is good too.

 

I'm only 53 so I guess I'm a curmudgeon in training!!  Love a good grumble.

[Mr VJP]

will ship to your door ...

 

http://www.targetsportsusa.com/ny-safe-act-online-ammo-sales-p-58633.aspx

 

 

I see nothing in this link that says they will ship it to your door.  have you ordered from them and had it delivered to your door?

[jjb4900]

http://www.munireusa.com/ny-ammo-sales/

they say they will and it's updated as of 07/11/15

[scolopaxmatt]

Those are some seriously ridiculous transaction fees.  Thanks again Mr. Cuomo.