The Safe Act: New York's Controversial Gun Law

The New York Secure Ammunition and Firearms Enforcement Act, commonly known as the NY SAFE Act, was passed by the New York State Legislature and signed into law by Governor Andrew Cuomo in January 2013. The law was written in response to the Sandy Hook Elementary School shooting in Newtown, Connecticut, and the Webster, New York, shooting.

The NY SAFE Act was passed in response to the Sandy Hook Elementary School shooting

On December 14, 2012, a school shooting at Sandy Hook Elementary School in Newtown, Connecticut, took the lives of 20 children and six educators. The Sandy Hook Elementary School shooting renewed the debate about gun control and led to the proposal of multiple gun laws at the federal and state levels.

In response to the shooting, New York became the first state to act with the passing of the New York Secure Ammunition and Firearms Enforcement Act, commonly known as the NY SAFE Act. The legislation was written in response to the Sandy Hook Elementary School shooting and the Webster, New York, shooting. The NY SAFE Act was passed by the New York State Legislature and was signed into law by Governor Andrew Cuomo in January 2013.

The NY SAFE Act includes a number of firearms regulations, such as broadening the legal definition of assault weapons to include semi-automatic rifles, pistols, and shotguns with one or more "military-style features." It also includes a severability provision that allows other measures to remain in place if the broad prohibitions against weapons are invalidated by the courts.

The Act also addresses the issue of mental health by requiring mental health professionals to report individuals who are likely to engage in conduct that would result in serious harm to themselves or others. It increases penalties for the use of illegal guns and mandates life in prison without parole for anyone who murders a first responder. The Act also imposes the toughest assault weapons ban in the country.

The NY SAFE Act faced opposition and was criticized as being rushed through by the state legislature. There have been several unsuccessful efforts by Republicans in the New York Legislature to repeal the Act. Despite this, the Act remains in place and continues to be a subject of debate in the ongoing discussion about gun control in the United States.

The Act contains a 'message of necessity' procedure, which allows the governor to expedite a vote on a bill

The New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the NY SAFE Act, was passed by the New York State Legislature and was signed into law by Governor of New York Andrew Cuomo in January 2013. The Act contains a message of necessity procedure, which allows the governor to expedite a vote on a bill. This procedure is a device in the New York State Constitution that allows the governor to bypass the usual three-day waiting period. Although nominally used for emergencies, the message of necessity procedure has been frequently used in New York to pass many pieces of legislation. It has been used at least 415 times since 1938.

The Act broadens the legal definition of an 'assault weapon'

The New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the NY SAFE Act, was signed into law by Governor of New York Andrew Cuomo in January 2013. The Act broadens the legal definition of an assault weapon to include those semi-automatic rifles, semi-automatic pistols (handguns), and semi-automatic shotguns with one or more "military-style features".

The Act's "one-feature test" replaced the previous "two-feature test", enacted in New York in 2000, which barred weapons with two or more of the enumerated features. The new test classifies weapons as assault weapons if they have one or more of the following features:

• A telescoping stock
• A bayonet mount
• A flash suppressor
• A grenade launcher
• A folding or adjustable stock
• A threaded barrel
• A second handgrip or a protruding grip that can be held by the non-trigger hand
• A fixed magazine capacity in excess of seven rounds
• A manufactured weight of fifty ounces or more when the pistol is unloaded

The Act also includes a "grandfathering" provision, allowing those with an assault weapon to keep the weapon, but requiring that it be registered with the New York State Police.

The Act includes a high-capacity magazine provision

The New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the NY SAFE Act, was signed into law by Governor Andrew Cuomo in January 2013. The Act includes a high-capacity magazine provision that prohibits the manufacture, transportation, disposal, and possession of any large-capacity ammunition feeding device that can hold more than ten rounds of ammunition.

Prior to the SAFE Act, New York allowed individuals to possess large-capacity ammunition feeding devices manufactured before September 13, 1994, that had a capacity of, or could be readily restored or converted to accept, more than ten rounds of ammunition. The SAFE Act eliminated this legacy provision. However, individuals who had a reasonable belief that they were allowed to possess such devices and surrendered them within 30 days of being notified of their illegality were not held criminally liable.

The Act also provided exceptions for "attached tubular devices designed to accept and capable of operating only with .22 caliber rimfire ammunition" and "feeding devices that are a curio or relic." These devices are defined as those manufactured at least 50 years before January 15, 2013, that can only be used exclusively in firearms manufactured at least 50 years prior to that date (not including replicas), that are possessed by individuals who are not prohibited by state or federal law from possessing a firearm, and that are registered with the Division of State Police.

The Act imposed restrictions on the transfer and registration of large-capacity ammunition magazines. Magazines lawfully possessed before January 15, 2013, could only be transferred to authorized purchasers within New York or outside the state. An exception allowed individuals to transfer a lawfully possessed pre-ban large-capacity magazine within one year of January 15, 2013, without criminal liability. The Act also allowed for the transfer of feeding devices that qualified as curios or relics through a licensed dealer, who must conduct a background check of the transferee. Additionally, curios or relics transferred into New York from outside the state must be registered within 30 days.

Registrations of large-capacity ammunition magazines are transferable, but the state must confirm that the transferee is not prohibited from possessing them. Registrations must be recertified every five years.

Notably, the original draft of the 2013 SAFE Act would have prohibited the loading of a magazine with more than seven rounds of ammunition. However, this provision was struck down in a court decision, allowing New York gun owners to legally load ten rounds in a 10-round magazine.

The Act requires ammunition dealers to conduct background checks

The New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the NY SAFE Act, was signed into law by Governor of New York Andrew Cuomo in January 2013. The Act requires ammunition dealers to conduct background checks on ammunition purchases.

The Act contains a provision requiring ammunition dealers to conduct background checks (similar to those for gun buyers) for ammunition purchases. This provision has never been implemented as of August 2019 because a state database that would make such checks possible has not been created.

The Act also includes a ban on direct internet sales of ammunition. While online ammunition sales to New Yorkers remain legal, online buyers are required to purchase ammunition through a licensed dealer in the state and obtain the ammunition in person.

The Act also requires ammunition sellers to keep records of ammunition transactions. This includes the date, name, age, occupation, and residence of any person from whom ammunition is received or to whom ammunition is delivered, as well as the amount, calibre, manufacturer's name, and serial number of the ammunition.

Frequently asked questions