Cecily Zamora
New York's gun laws require AR-15 rifles to be modified to comply with the state's SAFE Act. The state considers any semi-automatic, centerfire rifle to be an assault weapon if it has certain features, such as a detachable magazine that holds more than five rounds of ammunition or a muzzle compensator. To be compliant, rifle owners must remove or replace certain features, such as the collapsible butt-stock, bayonet lug, and flash suppressor. New York law also requires magazines to be permanently fixed, allowing for only top or side loading. While most hunting handguns are not affected by New York's gun laws, some semi-automatic shotguns and rifles may need to be registered as assault weapons.
| Characteristics | Values |
|---|---|
| Law enforcement registration deadline for assault weapons | January 15, 2014 |
| Magazine capacity limit | 10 rounds |
| Safe Act restriction | 5 rounds in the magazine and 1 round in the chamber |
| Safe Act applicability | Center-fire, semi-automatic rifles, semi-automatic shotguns, and semi-automatic pistols with 8-inch or longer barrels |
| Registration requirement for assault weapons possessed before January 15, 2013 | Yes |
| Penalty for failure to register an assault weapon by the deadline | Class A misdemeanor |
| Penalty for transferring an assault weapon within New York without complying with requirements | Class A misdemeanor |
| Manufacturer of NY-compliant featureless rifles | Dark Storm Industries |
| Modifications for NY compliance | Replacing collapsible butt-stock with fixed stock, pinning the collapsible stock, removing the bayonet lug or replacing it with a full floating hand guard, removing the muzzle break or flash suppressor |
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What You'll Learn
- AR-15s are considered assault weapons if they are semi-automatic, centre-fire rifles with certain features
- New York's SAFE Act requires modifications to make rifles compliant
- Pre-2013 assault weapons must be registered with the Superintendent of State Police
- Failure to register an assault weapon is a Class A misdemeanour
- Magazines in New York are restricted to 10 rounds
AR-15s are considered assault weapons if they are semi-automatic, centre-fire rifles with certain features
AR-15s are semi-automatic rifles that are widely used for home defence, marksmanship competitions, and training. They are also used by hunters. AR-15s are often referred to as "assault weapons" by gun control advocates, but this is a politically-charged term, and these firearms are not fully-automatic, military-grade weapons. Semi-automatic firearms, like the AR-15, discharge one round each time the trigger is pulled, unlike automatic firearms, which discharge continually.
In the context of New York State (NYS) law, a semi-automatic rifle, shotgun, or pistol qualifies as an assault weapon if it was possessed before January 15, 2013, and meets certain criteria. These criteria include the ability to accept a detachable magazine that can hold more than five rounds of ammunition. If a firearm meets these criteria, it must be registered with the Superintendent of State Police.
The term "assault weapon" is not consistently defined, and there is disagreement over which firearms it should include. The focus on semi-automatic firearms by gun control advocates has led to accusations of scaremongering and spreading misinformation. However, it is important to note that New York's laws do place restrictions on certain firearms, including a limit on magazine capacity to ten rounds.
In summary, AR-15s are considered assault weapons by some due to their semi-automatic function and certain features, such as their magazine capacity. However, this classification is disputed, and AR-15s are legally owned by millions of Americans, with appropriate background checks in place for purchasers.
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New York's SAFE Act requires modifications to make rifles compliant
The NY SAFE Act has had a significant impact on gun laws in New York State. The Act broadened the legal definition of an assault weapon to include semi-automatic rifles, pistols, and shotguns with one or more military-style features. This change, known as the "one-feature test", was enacted to bar weapons with features such as telescoping stocks, bayonet mounts, flash suppressors, and grenade launchers. The Act also imposed restrictions on magazine capacity, originally limiting it to seven rounds, but this was later amended to ten rounds.
The SAFE Act introduced a universal background check provision, requiring all sellers or transferors of firearms and ammunition to conduct background checks on prospective purchasers. This closed the "private gun seller loophole" by making FBI background checks mandatory for individuals acquiring guns from private, unlicensed sellers. The Act also requires gun owners to report lost or stolen firearms and ammunition within 24 hours, with failure to do so resulting in a misdemeanor charge.
To comply with the SAFE Act, modifications may be necessary for certain rifles. For example, a semi-automatic rifle with a detachable magazine that can accept more than five rounds may need to be registered as an assault weapon. In some cases, this can be avoided by altering the appearance of the rifle or using devices to convert detachable magazines to fixed magazines, ensuring the rifle falls outside the ban.
The SAFE Act also affects hunters, although the impact is minimal beyond the restriction on magazine capacity to ten rounds. Most hunting handguns and shotguns are not considered assault weapons and are therefore exempt from the Act. However, semi-automatic shotguns may need to be registered, and hunters should be mindful of existing federal and state migratory fowl hunting requirements that limit magazine capacity to three rounds.
The SAFE Act has faced legal challenges, with the NYSRPA v. Bruen Supreme Court decision in 2022 striking down the Sullivan Act, a previous New York gun law. Despite this, the SAFE Act remains in place, and gun owners in New York must ensure their firearms comply with the Act's requirements to avoid legal consequences.
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Pre-2013 assault weapons must be registered with the Superintendent of State Police
In New York, any semi-automatic rifle, semi-automatic shotgun, or semi-automatic pistol that qualifies as an assault weapon and was possessed before January 15, 2013, must be registered with the Superintendent of State Police. This registration process involves applying to register the assault weapon with the Superintendent of State Police or amending an existing firearms license. The deadline for this registration was January 15, 2014, and failure to do so by this date is considered a Class A misdemeanor.
The registration information must include the registrant's personal details, such as name, date of birth, gender, race, residential address, and social security number. A description of each weapon being registered is also required. It is important to note that registration will not be valid if the registrant is prohibited from possessing a firearm under state or federal law.
The Superintendent of State Police is responsible for determining whether the registrant is eligible to possess a firearm. This includes checking for factors outlined in 18 U.S.C. § 922(g) and whether the registrant has been convicted of a serious offense as defined by the New York Penal Code. Additionally, the Superintendent must maintain a website to educate the public about which semi-automatic weapons are illegal and require registration.
All registrants must recertify with the Division of State Police every five years to maintain their registration status. Failure to recertify within the specified time frame will result in the revocation of the registration. It is important to be aware of the specific requirements and restrictions in your state regarding assault weapons and their registration.
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Failure to register an assault weapon is a Class A misdemeanour
New York's assault weapon law prohibits the manufacturing, transportation, disposal, or possession of assault weapons in the state. The law defines an assault weapon as any semi-automatic rifle, semi-automatic shotgun, or semi-automatic pistol that can accept a detachable magazine with a capacity of more than 10 rounds. It is important to note that the law does not affect most commercially available semi-automatic shotguns.
If an individual owns a weapon that falls under the category of an assault weapon and was possessed before January 15, 2013, they must register it with the Superintendent of State Police or amend their firearms license by January 15, 2014. Failure to do so is considered a Class A misdemeanour. The law provides a warning and a 30-day grace period for those who unknowingly fail to register their assault weapon. However, if they do not register or surrender the weapon within this period, it will be declared a nuisance and removed by law enforcement.
It is important to note that the registration requirements do not apply to antique firearms, as defined by federal law, or any handgun, rifle, or shotgun manufactured at least 50 years before the current date. Additionally, muzzle compensators are unrestricted on manually-operated rifles or semi-automatic rifles with fixed magazines. However, if a semi-automatic rifle with a detachable magazine has a muzzle compensator, it may need to be registered as an assault weapon if the magazine can hold more than five rounds.
The New York State Police are responsible for creating and maintaining a website that educates the public about which semi-automatic weapons are illegal and provides information on their relevant features and makes and models requiring registration. This resource is intended to help gun owners understand their obligations under the law and prevent accidental violations.
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Magazines in New York are restricted to 10 rounds
In New York, magazines could hold up to 10 rounds since 1994. This law continues to be in effect, and magazines with a capacity of more than 10 rounds were banned in the state. However, before the SAFE Act was passed in 2013, New York allowed individuals to possess large-capacity ammunition feeding devices, which were manufactured before September 13, 1994, and could hold or be converted to hold more than 10 rounds of ammunition.
The SAFE Act eliminated this provision, and individuals with such devices had until January 15, 2014, to permanently modify their magazines to hold no more than 10 rounds, discard them, transfer them to law enforcement, or sell them to a dealer or out-of-state purchaser. The Act also made it illegal to load more than seven rounds into a magazine capable of holding 10 rounds. However, a court decision in late 2013 by Chief U.S. District Judge William M. Skretny in Erie County struck down this component, creating a situation where Western New York allowed 10 rounds, while Eastern New York remained at seven.
The Second Circuit of the United States Court of Appeals upheld the lower court's ruling, but it is important to note that a judge or court ruling does not change the law. The law stands until it is amended. As a result, while individuals in New York can possess magazines that hold up to 10 rounds, they are advised to limit their magazines to seven rounds to avoid potential legal issues.
It is worth noting that New York's laws on magazine capacity do not impose additional restrictions on hunters beyond limiting the magazine capacity to 10 rounds. Most hunting handguns are not affected by the state's gun laws, and hunters can continue to use magazines with a capacity of up to 10 rounds for their rifles and shotguns.
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Frequently asked questions
This was the deadline for registering or modifying assault weapons to comply with New York's gun laws.
A semi-automatic rifle, shotgun, or pistol with specific military characteristics, such as a detachable magazine capable of holding more than 5 rounds.
No, law enforcement officers are subject to the same restrictions as civilians regarding assault weapons. However, they can possess high-capacity magazines if they were manufactured before 1994.
You can replace the collapsible butt-stock with a fixed stock or pin the collapsible stock to render it useless. You must also remove features such as the bayonet lug, grenade launcher, and muzzle break/flash suppressor.
Failing to register an assault weapon by the deadline of January 15, 2014, is considered a Class A misdemeanor. Law enforcement authorities may issue a warning and provide 30 days to register or surrender the weapon.
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