What new obligations does New York’s SAFE Act impose on gun owners?
On January 15, 2013, Governor Cuomo signed into law the New York Secure Ammunition and Firearms Enforcement Act, more commonly referred to as the NY SAFE Act. Described by Governor Cuomo at the time as giving New York State the “toughest” gun control laws in the nation, the lengthy SAFE Act amended a large number of existing state laws pertaining to the possession and use of firearms. Among the most prominent features of the SAFE Act are an expanded definition and registration requirement for assault weapons, new limitations on the possession and use of “high capacity” ammunition magazines, new requirements on the private sale of firearms, and new safe storage requirements.
Prior to the SAFE Act, New York’s definition of “assault weapons” paralleled the definition previously used in the now-expired federal assault weapons ban – that is, semi-automatic rifles, pistols, and shotguns having two or more military-style features such as a folding stock or threaded barrel. Under the SAFE Act, firearms are now considered to be “assault weapons” if they have only one of the listed military-style features. The State maintains a website to help users determine whether a firearm now meets the new definition of “assault weapon.”
What Changes Came from the SAFE Act?
As a result of the expanded definition, many firearms which would not have previously been considered assault weapons under New York law must now be treated as such. While the SAFE Act “grandfathers” the prior ownership of assault weapons, knowing whether or not a firearm meets the new definition of assault weapon does have a practical effect – all owners of assault weapons must register the firearm with the State Police by April 15, 2014, and renew that registration every five years. The SAFE Act provides that a knowing failure to timely register an assault weapon is a Class A misdemeanor.
The SAFE Act also bans the sale and possession of “high capacity” ammunition magazines which can hold more than ten rounds of ammunition. An owner having a magazine capable of holding more than ten rounds must, by January 15, 2014, permanently modify the magazine so that it cannot hold more than ten rounds, responsibly discard it, surrender it to a law enforcement agency, or sell it to a dealer or out of state purchaser. While possession of magazines capable of holding up to ten rounds continues to be lawful, the SAFE Act makes it a criminal offense to actually load more than seven rounds into the magazine, except at a firing range. A first offense violation of the “seven bullet rule” may result in a non-criminal violation and fine or a Class B misdemeanor and up to six months imprisonment, depending on whether the offense occurs in the home or elsewhere.
The SAFE Act also requires that, as of March 15, 2013, all private sales or transfers of rifles, handguns, or shotguns include a background check of the buyer, except for sales or transfers to immediate family members, including domestic partners. The seller is required to locate and use an authorized dealer to perform the background check, who may charge a fee not to exceed $10 to conduct the check. A failure to comply with the background check provisions is punishable as a Class A misdemeanor.
Finally, the SAFE Act also affirmatively imposes “safe storage” requirements on a gun owner who resides with an individual that the gun owner has reason to know is prohibited from possessing a gun under Federal or State law. In such circumstances, the firearm must either be secured in a locked container or rendered inoperable with a safety lock. A violation of the safe storage requirements is similarly punishable as a Class A misdemeanor.
Does the SAFE Act Violate the 2nd Amendment?
New York’s SAFE Act is currently the subject of a number of lawsuits brought by individuals and organizations who believe that its restrictions violate the “right to bear arms” included in the Second Amendment to the Constitution. These lawsuits may (or may not) result in some of the provisions of the SAFE Act being invalidated by the Court. The State Legislature, of course, is always free to revisit the law and make any changes it deems appropriate. As New York’s gun control laws continue to evolve, gun owners need to stay informed of their current rights and obligations.