With the recent passage and signing of the NY SAFE Act (Secure Ammunition and Firearms Enforcement Act

) into law, there have been many questions about what the new law will actually do. There is no quick fix to the troubling issue of gun violence, nor is there only one way to approach it. The NY SAFE act provides concrete measures to tackle the issue. In the wake of the devastating gun violence that continues to shock the nation, doing nothing would be simply unacceptable. Please feel free to use this FAQ to help answer some of your questions and find the full text of the bill at: http://goo.gl/Vodjh The State of New York has also created an informational website and a hotline staffed by state police to educate New Yorkers about the new gun laws. The website can be accessed at www.nysafeact.com and the hotline can be reached by calling 1-855-LAW-GUNS. What is the NY SAFE Act? The NY SAFE Act is a comprehensive piece of legislation that protects our families, friends and communities from gun violence. Many of the bill’s important provisions were adopted from proposed legislation authored by Assemblyman Lavine, including the complete ban on high capacity magazines, the prohibition of the sale of ammunition without a proper permit, requiring permits for ammunition purchases, increased penalties on individuals who commit crimes with illegal guns and tracking large transfers of ammunition. When was the NY SAFE Act signed into law? The Act was signed into law on January 15, 2013 by Governor Andrew Cuomo. Why was the law passed? Following the mass murders at Columbine, Virginia Tech, Fort Hood, Oikos University, Tucson, Binghamton, a gym in Pittsburgh, a Sikh Temple in Wisconsin, a theater in Aurora, the murder of firefighters outside Rochester, at a school in Newtown located only sixty miles from Albany and again in Aurora just the other day, we can no longer continue to engage in the cowardice of complacency. How will this law keep our communities safe? The law has many provisions that will keep guns out of the hands of criminals and the mentally ill including, ● Ban on assault weapons ● Ban on high capacity magazines carrying more than seven bullets ● Universal instant background checks on every gun and ammunition sale ● State Police will be able to monitor large ammunition sales ● A statewide standard requiring recertification of pistol permits every five years ● Mandated reporting for mental health professionals of those who pose a danger to themselves or others ● Strengthening of Kendra’s Law ● Protection for those at risk of domestic violence ● Increasing school security

Establishes a statewide database to crosscheck the National Instant Criminal Background Check System (NICS) to determine if any current licensees have been legally disqualified from possessing firearms under the law ● Requires re-certification of gun licenses on a 5 year cycle Will I need to re-certify for my permit? Most likely. The NY SAFE Act requires that gun owners re-register and pass a background check every five years. A spokesman for Gov. Cuomo stated that there would be no fee associated with this re-registration What is an assault weapon? The definition of an assault weapon has been expanded through the NY SAFE Act. Any semiautomatic rifle with a detachable magazine is now legally considered an assault weapon if it has any of the following features: a folding/collapsible stock, a thumbhole stock, a flash suppressor, a pistol grip, a second handgrip for the non-trigger hand, a grenade launcher or bayonet mount. Similarly, any semiautomatic shotgun with any of these features is now also defined as an assault weapon. Any shotguns with revolving cylinders or a fixed capacity of over seven rounds, as well as any shotgun with a shroud that allows for the shooter to grasp the barrel also falls under the new definition of an assault weapon. Finally, any pistol with a folding stock, thumbhole stock, secondhand grip, the ability to accept a magazine outside of the grip, or a shroud or threaded barrel capable of accepting a silencer will now be banned. I currently believe I have a rifle that may be an assault weapon, how can I check? The New York State Police has assembled a list of rifles that are classified as assault weapons. You can view the list here:
http://www.governor.ny.gov/assets/documents/RiflesthatAREclassifiedasassaultweapons.pdf

The New York State Police has also assembled a list of rifles that are NOT classified as assault weapons. You can view the list here:
http://www.governor.ny.gov/assets/documents/Rifles_imagesoriflesthatareNOTclassifiedasassaultrifles.pdf

I currently believe I have a shotgun that may be an assault weapon, how can I check? The New York State Police has assembled a list of shotguns that are classified as assault weapons. You can view the list here:
http://www.governor.ny.gov/assets/documents/RiflesthatAREclassifiedasassaultweapons.pdf

The New York State Police has also assembled a list of shotguns that are NOT classified as assault weapons. You can view the list here:
http://www.governor.ny.gov/assets/documents/Imagesofshotgunsthatarenotclassifiedasassaultweapons.pdf

I currently believe I have a pistol that may be an assault weapon, how can I check? The New York State Police has assembled a list of pistols that are classified as assault weapons. You can view the list here:
http://www.governor.ny.gov/assets/documents/Pistolsthatareclassifiedasassaultweapons.pdf

The New York State Police has also assembled a list of pistols that are NOT classified as assault weapons. You can view the list here:
http://www.governor.ny.gov/assets/documents/Pistolsimagesofpistolsthatarenotclassifiedasassaultweapons.pdf

I do not have a rifle that is on the assault weapons list but I do have features that were added to the gun. What features would make my rifle an assault weapon? The New York State Police has assembled a list of features that if one of them is added to your rifle, it becomes an assault weapon. You can view the list and pictures here:
http://www.governor.ny.gov/assets/documents/RiflesBannedFeatures.pdf

I do not have a shotgun that is on the assault weapons list but I do have features that were added to the gun. What features would make my shotgun an assault weapon? The New York State Police has assembled a list of features that if one of them is added to your shotgun, it becomes an assault weapon. You can view the list and pictures here:
http://www.governor.ny.gov/assets/documents/Shotgunsbannedfeatures.pdf

I do not have a pistol that is on the assault weapons list but I do have features that were added to the gun. What features would make my pistol an assault weapon? The New York State Police has assembled a list of features that if one of them is added to your pistol, it becomes an assault weapon. You can view the list and pictures here:
http://www.governor.ny.gov/assets/documents/Pistolsbannedfeatures.pdf

What if I currently own an assault weapon? You have until April 15, 2014 to register your weapon. A form will be made available on http://www.governor.ny.gov/2013/gun-reforms no later than April 15, 2013. Under state and federal law, some people are not allowed to possess a weapon, such as convicted felons, individuals who have been involuntarily committed, or individuals currently under an order of protection. These people will not be able to register. There is no fee for registering. What if I fail to register it? You can be guilty of a class A misdemeanor punishable by up to a year in jail. What if I currently have a magazine that can hold more than seven bullets? It is unlawful to posses any magazine that accepts more than ten rounds of ammunition. Owners of these magazines must dispose of them by selling them to a licensed dealer or out of state. Magazines that hold between seven and ten rounds of ammunition are still legal so long as seven or fewer bullets are loaded. If such a magazine is found with more than seven bullets, the punishment depends on where law enforcement finds it. Within the owner’s home, the first offense is punished by a fine. However, if this weapon is outside of the owner’s home or the owner is a repeat offender, it is considered a misdemeanor charge. Will I need a background check to buy ammunition? Yes. For the first time all ammunition must be purchased through a licensed dealer who performs background checks. Ammunition sales records will be recorded in a new database, created by the state. Will I be able to sell my gun? Yes. Guns can still be sold to a licensed retailer within the state. You can also sell your gun to a private citizen but an instant background check must be administered.

What if I have an antique gun? Authentic antique firearms produced more than fifty years ago may be kept by owners; however modern replicas of these weapons are now banned. How will this law address guns falling into the hands of the mentally ill? Under the legislation, mental health professionals will be required to report to local mental health officials when there is reason to believe a patient is likely to engage in conduct that will cause serious harm to themselves or others. This information will then be crosschecked against the new comprehensive, and regularly updated, gun registration database. If the patient possesses a gun, the license will be suspended and law enforcement will be authorized to remove the person's firearm. What is Kendra’s Law? The law allows an adult (18 years or older) roommate of a person; the parent, spouse, adult child or adult sibling of a person; medical professional; social service official, and parole or probation officer to petition a court to require an individual receive outpatient mental health treatment. The individual will undergo the outpatient treatment if they, ● are unlikely to survive in the community without supervision based on a clinical determination and ● has a history of non-compliance with treatment for mental illness which has led to 2 hospitalizations for mental illness in the preceding 3 years or resulted in at least 1 act of violence toward self or others, or threats of serious physical harm to self or others, within the preceding 4 years (time period may be extended in the event of current or recent hospitalizations) and ● is, as a result of his or her mental illness, unlikely to voluntarily participate in outpatient treatment that would enable him or her to live safely in the community and ● based on treatment history and current behavior, is in need of outpatient treatment to prevent a relapse or deterioration likely to result in serious harm to self or others and ● will likely benefit from Assisted Outpatient Treatment. How was Kendra’s Law changed? Kendra’s law will be extended for two years – through 2017 – and the period of mandatory outpatient treatment will be extended from 6 months to one year. In addition a review will be required before a mentally ill inmate is released. Will the bill help schools increase security? The NY SAFE Act increases the penalty for possession of a firearm on school grounds or a school bus, from a misdemeanor charge to a Class E Felony. The state’s SAVE Act (Safe Schools Against Violence in Education) now requires school districts to come up with their own safety plans in the event of a violent incident or other school emergency. Schools must now be prepared to evacuate or dismiss students in the case of an emergency. In addition to evacuation plans, schools must also have safety plans in place that address community response, including alerting families and law enforcement. The legislation will allow schools to submit these plans to the newly created New York State School Safety Improvement Team, which will review them as well as assist localities in developing these safety plans.