What exactly is the SAFE Act

NY SAFE Act

The New York Secure Ammunition and Firearms Enforcement Act of 2013 commonly known as the NY SAFE Act is a gun control law in the state of New York. The law was passed by the New York State Legislature on January 15, 2013, and was signed into law by Governor of New York Andrew Cuomo on the same day.[1]

The legislation was written in response to the Sandy Hook Elementary School shooting in Newtown, Connecticut.[2] It was sponsored by State Senator Martin Golden. It passed the New York State Senate on Monday, January 14, and the State Assembly on Tuesday, January 15.[3] Governor Andrew Cuomo signed the bill into law half an hour after it passed the legislature.[4] Cuomo described the law as the "toughest" gun control law in the United States.[2][5]

The NY SAFE Act contains a number of firearms regulations, and a severability provision, in case the broad prohibitions against weapons are invalidated by the courts.


Contents

1 Provisions
2 Criticisms
3 Legal challenges
4 Impact
5 See also
6 References

Provisions

The SAFE Act includes the following provisions:[6][7]

Bans possession of any "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for a detachable magazine is reduced from ten rounds to seven. Magazines owned before passage of the SAFE Act able to hold seven to ten rounds can be possessed, but cannot be loaded with more than seven rounds. .22 caliber tubular magazines are exempt from this limit. Previously legal "pre-1994-ban" magazines with a capacity of 30 rounds are not exempt, and must be sold within one year to an out-of-state resident or turned into local authorities. The magazine limit took effect April 15, 2013.[8] Ten round magazines can still be fully loaded at firing ranges or in shooting competitions. In March 2013, the magazine limit provision was scaled back, allowing ten round magazines to continue to be sold, but still only loaded with seven rounds outside of ranges and competitions.[9]
Ammunition dealers are required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup. Ammunition background checks will begin January 15, 2014.[10]
Requires creation of a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state. Registry began on April 15, 2013 and must be completed before January 15, 2014.[9]
Requires designated mental health professionals who believe a mental health patient made a credible threat of harming others to report the threat to a mental health director, who would then have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.
Stolen guns are required be reported within 24 hours. Failure to report can result in a misdemeanor.
Reduces definition of "assault weapon" from two identified features to one. The sale and/or transfer of newly defined assault weapons is banned within the state, although sales out of state are permitted. Possession of the newly-defined assault weapons is allowed only if they were possessed at the time that the law was passed, and must be registered with the state within one year.
Requires background checks for all gun sales, including by private sellers - except for sales to members of the seller's immediate family. Private sale background checks began March 15, 2013.[10]
Guns must be "safely stored" from any household member who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection.[10] Unsafe storage of assault weapons is a misdemeanor.
Bans the Internet sale of assault weapons.
Increases sentences for gun crimes, including upgrading the offense for taking a gun on school property from a misdemeanor to a felony.[11]
Increases penalties for shooting first responders (Webster provision) to life in prison without parole.
Limits the state records law to protect handgun owners from being identified publicly. However, existing permit holders have to opt into this provision by filing a form within 120 days of the law's enactment.[citation needed] There also may exist issues with respect to "registered" owners in the new regulations vs "permit" holders under previous law.
Requires pistol permit holders or owners of registered assault weapons to have them renewed at least every five years.

Criticisms

The law came under criticism immediately in the form of public protest in Albany, New York, on January 19, 2013, attended by several thousand protesters.[12]

The law was criticized as "rushed through" by the state legislature without consideration of whether it would criminalize Police and other law enforcement officers who carry firearms with magazines with a larger capacity than those allowed for civilians.[13] Police officers are not explicitly exempted from some of the law's provisions, and the governor's office is planning on working with the state legislature to amend the legislation. Technically, the pre-existing exemption from the previous 10 round limit may cover law enforcement.[11] On January 18, 2013, Governor Cuomo's spokesman said police officers possessing magazines with more than seven bullets would not be deemed to be in violation of the law.[14]

Retired police officers do not appear to be excluded from any of the laws provisions, but they are working to exempt them.[15]

The New York State Sheriffs' Association issued a statement criticizing several aspects of the legislation. Included among them is their belief that "the new definition of assault weapons is too broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense." The new seven round magazine limit was also criticized, but the statement did express support on the issue of tougher penalties for illegal use of firearms.[16]

Some mental health experts have expressed concerns that the law might interfere with their treatment of potentially dangerous individuals, or discourage such people from seeking treatment.[17]

Others have claimed that this is a back door ban on handgun sales, noting that seven round magazines simply do not exist for many popular models.[18] After realizing seven-round magazines do not exist for most firearms, New York governor Andrew Cuomo reversed his position on the seven-round limit, stating, "There is no such thing as a seven-bullet magazine [sic]. That doesn't exist, so you really have no practical option." He went on to say the state needs to allow the sale of handguns and rifles with ten-round magazines, but requires the people of New York only load seven rounds in them, except at shooting ranges and competitions. He claimed the law is still enforceable.[19] Cuomo and New York State Senate leaders planned an indefinite suspension of the seven-round magazine limit until they could rewrite the measure.[20] In March 2013 during budget negotiations, Cuomo and lawmakers agreed to continue to allow 10-round magazines to be sold, but could still only be loaded with 7 bullets.[9]

As of May 11, 2013, 52 of New York's 58 counties (when counting New York City's five boroughs as a single entity) have passed official resolutions in direct opposition of the NY SAFE Act; some of these counties have directed their law enforcement officials to not enforce the SAFE Act within their jurisdictions. In addition Albany county had a proclamation by the minority also opposing. At least 170 local municipalities in upstate New York have also voiced opposition. Nassau, Suffolk and Westchester counties have yet to act in any official manner. [21] While no official proclamation has been made, New York City is not expected to offer any opposition given Mayor Michael Bloomberg's public support of the bill and help in drafting the legislation. [22]

Legal challenges

On Tuesday, January 29, 2013, attorney James D. Tresmond, Esq. of Hamburg, NY filed a lawsuit in New York State Supreme Court before the Honorable Diane Devlin, making this the first legal challenge to the NY SAFE Act to be heard in any court. Further proceedings are scheduled for April 25, 2013 at 9:30 a.m.[23] Also on the same day The New York State Rifle and Pistol Association filed a notice of legal claim.[24]

On February 28, 2013, the New York State Supreme Court issued an order saying that the state must show that the law does not violate the constitution. If the state is unable to do so, the court will issue an injunction against its implementation on April 29, 2013.[25][26]

On March 11, 2013, the United States Department of Veterans Affairs announced that it would not follow the provision of the NY SAFE Act requiring mental health professionals to report patients who seem more likely to hurt themselves or others. A Department spokesman stated that federal laws protecting the privacy of veterans take precedence over state laws. Advocates for military veterans had expressed concern that the reporting requirement would deter some people from seeking needed treatment.[27]

Robert L. Schulz from "We the People of New York" filed a lawsuit asking for an injunction against the law, saying that the law was passed in violation of the New York constitution. The suit alleges that Governor Cuomo's use of a "message of necessity" to waive the 3 day waiting period for passing legislation was improper. State supreme court judge Thomas McNamara denied the injunction saying "Concerns raised should be issues raised in elective process. This is not a judicial issue." and "The Court of Appeals has been clear, is clear, that judicial intervention or judicial review of a message of necessity is not allowed" [28] Another judge has ordered both sides to argue their case in the Appellate Division of the State Supreme Court.[29][30]

Impact

In 2013, Serbu Firearms refused to sell their model BFG-50A semi-automatic .50 rifles to the New York City Police Department after the passage of the NY SAFE Act that classified their weapon as an assault rifle.[31][32]

See also

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References

^ Glaser, Howard (January 15, 2013). "Cuomo Gun Safety Legislation Passes NY State Senate With Bipartisan Support, Assembly Action Today". The Huffington Post. Retrieved 25 January 2013.
^ a b "New York passes first U.S. gun control bill since Newtown massacre". CBS News. 15 January 2013. Retrieved 16 January 2013.
^ Campbell, John (15 January 2013). "N.Y. first state to tighten gun laws after Newtown". USA Today. Retrieved 16 January 2013.
^ Virtanen, Michael (15 January 2013). "NY passes first US gun control law since massacre". Philadelphia Media Network. Retrieved 16 January 2013.
^ Walshie, Shushannah (15 January 2013). "New York Passes Nation's Toughest Gun-Control Law". ABC News. Retrieved 16 January 2013.
^ New York passes major gun control law -- first since Newtown massacre - NBCNews.com, January 15, 2013
^ Cuomo Signs NY SAFE Act: 13 Provisions Of The New Gun Control Law - Huffingtonpost.com, January 16, 2013
^ Confusion sets in for gun dealers after NY SAFE Act is enacted - Poststar.com, January 19, 2013
^ a b c Magazine limit, gun registration period to begin Monday - Democratandchronicle.com, April 13, 2013
^ a b c NYSAFE Act Gun Reform | Governor Andrew M. Cuomo
^ a b Berger, Judson (January 18, 2013). "NY Guv Looks to Clarify Gun Law After Concern About Exemption for Police". Fox News. Retrieved January 19, 2013.
^ "Thousands protest NY SAFE Act at Capitol". WRGB-TV. 20 January 2013. Retrieved 25 January 2013.
^ Elzufon, Rachel (January 23, 2013). "NY SAFE Act Faces Changes". WWKB. Retrieved 25 January 2013.
^ New York Law Enforcement Exempt From Safe Act - Wetmtv.com, January 18, 2013
^ NY Gun Control Laws Anger Retired Police Who Believe They Should Be Exempted From Some Restrictions
^ Sheriffs’ Response to NY SAFE Act | New York State - Sheriffs Association
^ Associated Press (January 15, 2013). "Experts Fear Proposed N.Y. Gun Law Might Hinder Therapy". USA Today. Retrieved January 19, 2013.
^ [You must be registered and logged in to see this link.] link]
^ [You must be registered and logged in to see this link.]
^ KRISS, ERIK (March 22, 2013). "State’s new limit on gun magazines put on hold because 7-bullet magazines don’t exist". New York Post. Retrieved March 22, 2013.
^ Resolution quick list | NY SAFE Resolutions
^ Cuomo Blames Bloomberg, Brady Campaign for SAFE Act | The Truth About GunsThe Truth About Guns
^ Lawsuit Filed Challenging New York Gun Control | wgrz.com
^ Joseph Spector, Gannett Albany (N.Y.) Bureau (January 29, 2013). "Opponents take N.Y. gun law to court". USA Today. Retrieved January 29, 2013.
^ "State Supreme Court Wants NYS to Show Good Cause that Gun Law is Constitutional", WKTV, February 27, 2013. Retrieved March 2, 2013.
^ "Court to Consider Whether Speedy Approval of NY Gun Controls Violated Constitution", Fox News, March 2, 2013. Retrieved March 2, 2013.
^ Virtanen, Michael (March 11, 2013). "VA Says It Won't Follow New York Gun Law", Huffington Post. Retrieved March 11, 2013.
^ Judge denies injunction of NY SAFE Act, saying not a 'judicial i - NEWS10 ABC: Albany, New York News, Weather, Sports
^ WNYT.com - NY Safe Act heads back to court
^ Judge refuses to block N.Y. gun law
^ Berman, Jillian (2013-04-03). "Larry Thomas, 'Soup Nazi' Actor, Pushes Serbu Firearms To Pull Pro-Gun T-Shirt Featuring His Face". The Huffington Post. Retrieved 2013-04-25.
^ Higginbotham, David (2013-04-09). "No Serbu For You, Soup Nazi Wants His Image Back". guns.com. Retrieved 2013-04-25.

• Restriction on FOIL requests about pistol permit holders. By granting citizens the option of having their names and addresses withheld from public disclosure, the new law does provide a mechanism to allow people to decide for themselves whether their personal information should be accessible to the public. We believe, however, that no one should have to explain why their personal information should remain confidential. A better procedure, we believe, is simply to exempt all this personal information from FOIL disclosure.



• Killing of emergency first responders. The new law makes killing of emergency first responders aggravated or first degree murder, enhancing penalties for this crime and requiring life without parole. First responders need this protection, evidenced all too often by attacks on them when they attempt to provide help, and in special recognition of the terrible attacks on two firefighters in Webster, NY and attacks on first responders in Jefferson County.



• Requirement of NICS checks for private sales (except between immediate family). We believe that this will ensure that responsible citizens will still be able to obtain legal firearms through private transactions, with the added assurance that private buyers are approved by the federal National Instant Criminal Background Check System. We remain concerned that this provision will be very difficult to enforce and will likely only affect law abiding citizens.



• Comprehensive review of mental health records before firearms permits are granted and review of records to determine if revocation of permits is required. Sheriffs believe that there is an urgent need to increase funding for mental health care. The new law imposes reporting requirements on many mental health care professionals and others who may make a determination that a person is a danger to himself or others. The law further gives needed authority to courts or others who issue firearms permits to deny permit applications or to revoke permits already issued. We believe that this issue demands a much more full and detailed discussion about how to keep guns out of the hands of such people. The Sheriffs of New York want to pursue these issues with the Governor and the State Legislature.



• Safe storage of firearms. The new law provides that guns must be safely stored if the owner lives with someone who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection. We agree that firearms owners should have the responsibility to make sure that their weapons are safeguarded against use or access by prohibited persons, and the new law adds these protections to ensure that weapons are safely and securely stored.



• Increased penalties for illegal use of weapons. The new law adds several increased sanctions for violation of New York gun laws and creates new gun crimes which did not previously exist. These new provisions will provide added tools for law enforcement to prosecute such crimes. We further believe that the new provisions should help deter future misuse of firearms. We also suggest that the legislature consider limitations on plea bargaining for all gun crimes.



We have reviewed other provisions of the new law, and strongly believe that modifications are needed to clarify the intent of some of these new provisions and that revisions are needed to allow Sheriffs to properly enforce the law in their counties.



•Assault weapon ban and definition of assault weapons. We believe that the new definition of assault weapons is too broad, and prevents the possession of many weapons that are legitimately used for hunting, target shooting and self defense. Classifying firearms as assault weapons because of one arbitrary feature effectively deprives people the right to possess firearms which have never before been designated as assault weapons. We are convinced that only law abiding gun owners will be affected by these new provisions, while criminals will still have and use whatever weapons they want.



• Inspection of schools by state agencies. The new law transfers to state agencies the responsibility to review school safety plans. We expect that funding will be transferred to these state agencies to implement safety proposals. Sheriffs and local police provide this service in all parts of the state and can perform these duties efficiently. As the chief law enforcement officer of the county, Sheriffs are in the best position to know the security needs of schools in their own counties, and the state should help to fund these existing efforts by Sheriffs and local police departments to keep our schools safe. Because Sheriffs and local police are already deeply involved with school safety plans, have developed emergency response plans, and are familiar with structural layouts of schools in their counties, they should be included along with state counterparts in any effort to review school safety plans.



• Reduction of ammunition magazine capacity. The new law enacts reductions in the maximum capacity of gun magazines. We believe based on our years of law enforcement experience that this will not reduce gun violence. The new law will unfairly limit the ability of law‐abiding citizens to purchase firearms in New York. It bears repeating that it is our belief that the reduction of magazine capacity will not make New Yorkers or our communities safer.



•Five-year recertification of pistol permit status and registration of existing assault weapons. The new law delegates to the State Police the duty to solicit and receive updated personal information of permit holders every five years in order to maintain these permits. Further, the law requires owners of certain existing firearms now classified as assault weapons to register these with the State Police within one year. The recertification and registration conflict with Sheriffs’ duties regarding issuance of pistol permits. All records should be maintained at the local, and not the state level. This information should be accessible to those who are responsible for initial investigation of permit applications. Pistol permit information should be maintained in one file at the local level, and forwarded to a statewide database for law enforcement use. It bears repeating that it is our belief that pistol permit and any registration information required by the law should be confidential and protected from FOIL disclosure.



• Sale of ammunition. The new law imposes several new provisions regarding how, and from whom, ammunition can be lawfully purchased. The law should be clarified about the use of the Internet as a vehicle for these sales, out‐of‐state sales to New York residents, and other issues. Businesses have said that they do not understand the new provisions and are concerned that they will have to cease operations.



• Law enforcement exemptions must be clarified. The new law has many provisions that might apply to law enforcement officers and there has been much confusion about whether existing law enforcement exemptions continue to apply. We understand that the Governor and Legislature have already agreed to review and modify these provisions where necessary, and the Sheriffs want to be part of the discussion to make the changes effective. Additionally, the exemptions should apply to retired police and peace officers, and to others in the employ of the Sheriff and other police agencies who perform security duties at public facilities and events.



•Method of bill passage. It is the view of the Sheriffs’ Association that anytime government decides it is necessary or desirable to test the boundaries of a constitutional right that it should only be done with caution and with great respect for those constitutional boundaries. Further, it should only be done if the benefit to be gained is so great and certain that it far outweighs the damage done by the constriction of individual liberty. While many of the provisions of the new law have surface appeal, it is far from certain that all, or even many, of them will have any significant effect in reducing gun violence, which is the presumed goal of all of us. Unfortunately the process used in adoption of this act did not permit the mature development of the arguments on either side of the debate, and thus many of the stakeholders in this important issue are left feeling ignored by their government. Even those thrilled with the passage of this legislation should be concerned about the process used to secure its passage, for the next time they may find themselves the victim of that same process. Fortunately, the Governor has shown himself open to working with interested parties to address some of the problems that arose due to the hasty enactment of this law. We will work with the Governor and the Legislature on these issues.



• Sheriffs understand their Constitutional obligations and the concerns of constituents Sheriffs and other law enforcement officers are not called upon by this new legislation to go door‐to‐door to confiscate any weapons newly classified as assault weapons, and will not do so.



Sheriffs represent all the people, and we take an oath to uphold the Constitution of the United States and the Constitution of the State of New York. Sheriffs will continue to enforce all laws of the state and will protect the rights of all citizens, including those rights guaranteed by the Constitution of the United States and the Constitution of the State of New York.

That's quite the post you have here. Well done. I stickied it for you Rum.

The amendments include the following changes to the law:



1) Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds. Magazines may only contain up to 7 rounds regardless of their capacity, unless you are at an incorporated firing range or competition, in which case you may load your magazine to its full capacity.

2) Clarifying that active law enforcement continues to be exempt from the prohibitions on the possession of high capacity magazines, assault weapons, and magazines containing more than 7 rounds, as well as the law prohibiting weapons on school grounds.

3) Ensuring that local safe storage laws are not preempted by the SAFE Act.

SAFE Act Questions? Call 1-855-LAW-GUNS
1-855-529-4867

You can also go to this link to read more on the SAFE Act

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The "SAFE" (Secure Ammunition and Firearms Enforcement) Act was debated in closed session without committee hearings, and Gov. Andrew Cuomo signed it into law within an hour of its passage -- after waiving the required three-day public comment period. This 80 page legislation was passed late into the night... literally and figuratively under the cover of darkness. There existed no exigent need as claimed, of the Act’s 60 sections, only three (3) took effect on its adoption into law. Cuomo bragged that New York now has the "toughest assault weapons ban" in the country but claimed that the law respects the Second Amendment and preserves the rights of "hunters and sportsmen." The former is true; the latter is not.
The most widely reported provision of the law is the total ban on the sale of military-style rifles classified as "assault weapons," effective Jan. 15. The provision forever prohibits anyone other than a law enforcement agency from acquiring such weapons, including the popular hunting and target variants of the AR-15 rifle. Current owners of such rifles must register them with the state by 2014, and the registration must be renewed every five years. Current owners of such rifles may never sell them to another New York State resident in the future or pass them down to members of their family.
Shockingly enough, in many ways the "assault weapons ban" is actually one of the statute's lesser infringements on the Second Amendment. The statute criminalizes, potentially criminalizes, or places under state surveillance even the most innocuous, banal, and pedestrian forms of gun ownership, and it restricts the right of self-defense. The new law prohibits the sale of any quantity of ammunition by anyone other than a licensed dealer and requires that such dealer perform a criminal background check on the purchaser and forward the purchaser's name, address, age, and occupation, and the quantity, caliber, and make of the ammunition, to a State Police database. Thus, the ammunition database creates a de facto universal long gun registry. A hunter who purchases a box of five 12-gauge deer slugs will have the effect of documenting ownership of a 12-gauge shotgun.
The law affirmatively requires that a person's firearms must be confiscated if any order of protection is filed against them -- no matter how meager the complaint may be. It also requires that a "mental health professional" (including a physician) who believes that an individual is a danger to himself or others must report his or her diagnosis to the police for purposes of firearm confiscation. Such a diagnosis is highly subjective. But the law exempts such "professionals" from civil liability; thus, any "mental health professional can initiate the confiscation of a person's firearms, and the gun owner is forbidden to file a civil suit to challenge the "diagnosis."
The SAFE Act also severely infringes on the right of self-defense from criminal predation. Although Article 35 of New York Penal law allows the use of deadly force in the event of a home invasion, the SAFE Act restricts the ammunition capacity of all arms to seven rounds. If you possess a magazine loaded with more than seven rounds in your own home, you are guilty of a criminal offense. If a criminal with a stolen handgun and an illegal 15-round magazine invades your home and you shoot at him with more than eight rounds, you will be criminally charged, and your magazine (and possibly your firearm) will be confiscated and destroyed without compensation, because you have now used it in the commission of a crime.
The seven-round magazine limit effectively bans or severely restricts the use of perhaps 75% of the firearms designed in the past 100 years. Seven-round magazines simply do not exist for common firearms such as the popular 10-shot Ruger 10/22 rifle, five million of which have been manufactured since the 1960s. Although the Act "grandfathers" existing ten-round magazines, it forbids owners to put more than seven rounds in them, and it requires lawful owners of magazines capable of holding more than ten rounds to sell them out of state, surrender them, or destroy them. This is clearly an unconstitutional deprivation of private property, in violation of the Fifth Amendment.
The law also prohibits the private "sale" or "exchange" of any firearm to any person unless a licensed dealer performs the "sale" and a background check. You may not give your brother or nephew a .22 rifle on Christmas Eve. The law does not clarify how long someone must be in possession of a firearm before such possession is understood to be an "exchange"; thus, it is possible that lending a rifle to your brother-in-law for deer season without a dealer transfer and a background check could be construed as an illegal exchange." You would then be a criminal, and the gun used in the "crime" could be confiscated and destroyed.
Finally, the SAFE Act requires that gun owners report any "loss or theft" of a firearm or ammunition to the police within 24 hours. Failure to do so is a criminal offense. Read literally, a deer hunter who drops a single 12-gauge slug in the snow and cannot find it is a criminal unless he reports the loss to the police.
The New York SAFE Act is one of the most brazen assaults on the Constitution and on individual liberty in the history of the United States. Cuomo has thumbed his nose at the Supreme Court's Heller and McDonald decisions in 2008 and 2010 affirming the right to keep and bear arms. The intent of the law is to suppress and criminalize the common use of firearms, including guns not defined as "assault weapons." This legislation does not have the support of our law enforcement community, which Cuomo failed to consult or exempt, despite being tasked with its enforcement. In fact, the NY State Sheriffs Association has specifically opposed the act. The New York State Association of County Clerks and the New York State Association of Counties have also passed resolutions opposing the NY SAFE act. More significantly, 51 of New York's 62 counties have either passed, or are in the process of passing, resolutions calling for the repeal of the SAFE Act, that list continues to grow. New York has the highest taxes in the nation. It is ranked as the least "business-friendly" state in the country. The implementation of this legislation is not only going to cost NY state 36 million dollars a year, it has created a hostile environment for both in-state and out of state sports men and women who now risk committing crimes for the countless technical criminal violations created by the SAFE Act for possessing items which can be purchased over the counter in all our neighboring states.