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Gun Owners

The SAFE Act protects law- abiding citizens right to bear arms and does not restrict New Yorkers ability to buy, sell, keep or use their guns.The SAFE Act prevents criminals and the dangerously mentally ill from buying guns, cracks down on illegal guns and bans only the most dangerous assault weapons. The SAFE Act protects law- abiding citizens right to bear arms and does not restrict New Yorkers' ability to buy, sell, keep or use their guns.

Frequently Asked Questions:

Assault Weapons
A: Most guns that are used for hunting are not assault weapons and are not affected by this law. Typical shotguns and hunting rifles are exempt as the law specifies military style assault weapons by design characteristics. For example, any pump, lever, or bolt action rifle or shotgun cannot be an assault weapon. To confirm that your rifle is not an assault weapon and to see common models and characteristics click here. To confirm that your shotgun is not an assault weapon and to see common models and characteristics click here.
A: Most handguns are not assault weapons and are not affected by this law. A traditionally designed handgun is not an assault weapon. For example a single shot pistol or a revolver cannot be an assault weapon. To confirm that your handgun is not an assault weapon and to see common models and characteristics click here.
A: Most guns are not assault weapons and are not affected by this law. There are different military characteristics of guns that determine whether they qualify as assault weapons. To help you know whether or not your gun is affected by this law, please click on your gun type below:

Pistols Rifles Shotguns
A: No. If you have an assault weapon, you can register it with the State Police. You have until April 15, 2014 to register your weapon. 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.
A: It is much simpler. To register, all you need to do is fill out a basic form. To fill out the online form, click here. You do not need to appear in person or provide references or other information that is typically provided during the handgun licensing process.
A: You can sell it to a New York State dealer or anyone out of state by January 15, 2014. Federal law has certain restrictions on shipping guns between states that you should consult before making a transfer.
A: No. If you modify your gun so that it is not an assault weapon, you do not have to register it. The modification must be permanent however. This includes, for example, removing the bayonet lug by cutting or grinding, grinding off the threads on the barrel, removing the foregrip so that it cannot be readily reattached, or any change that cannot be reversed through reasonable means.
A: The ban on selling assault weapons mainly affects dealers and manufacturers. Newly banned assault weapons may not be sold in New York and dealers and manufacturers will know what weapons can and cannot be sold.


Assault Weapon Registration
A: A form for online registration is available here. Paper forms will be available at the State Police stations throughout the state (a list of the stations is available at www.troopers.ny.gov), and may be returned to New York State Police, Pistol Permit Bureau, 1220 Washington Avenue, Building 22, Albany, New York 12226-2252.
A: There is no charge for registering.
A: If you are registering online, simply fill in the online form and click "submit registration."

 

If you are registering by mail, simply fill out the paper form and return it to New York State Police, Pistol Permit Bureau, 1220 Washington Avenue, Building 22, Albany, New York 12226-2252.

A: If you submitted your form electronically, you will immediately receive an acknowledgement and tracking number (this is NOT confirmation that your registration has been approved). You will then be notified subsequently by e-mail and/or U.S. mail whether your registration was successful.

 

If you mailed in your form to the State Police, you will receive notification either through the e-mail address you provided, or, if no e-mail was provided, by mail.

 

In either case, please allow at least three business days for notification.

A: All assault weapons must be registered by April 15, 2014.
A: Failure to register an assault weapon by the deadline is punishable as a class A misdemeanor and forfeiture of the weapon. If failure to register is deemed to be unintentional, a 30-day amnesty period will be extended for purposes of registering the weapon.
A: No. The registration database is exempt from New York’s Freedom of Information Law.
A: Yes. You must recertify your weapon with the State Police every five years. The failure to recertify your weapon results in the revocation of your registration.
A: Yes. If you change any of your identifying or contact information (e.g., name, address, e-mail) after you submitted your registration form, you must complete the amendment form, which is accessible here.
A: Yes. If you transfer your assault weapon to an out-of-state resident, a firearms dealer, or a law enforcement agency or officer, you must report such transfer to the New York State Police within seventy-two hours by completing the transfer form, which is accessible here. You must also complete this form if your assault weapon has been stolen, lost, or destroyed.


Magazines
A: Since 1994, magazines sold in New York could contain up to 10 rounds. This continues to be true today. You may buy, sell, and possess any magazine that can hold up to 10 rounds, regardless of when it was manufactured. If you have a magazine that can contain more than 10 rounds, you have until January 15, 2014 to permanently modify the magazine so that it holds no more than ten rounds, responsibly discard it, transfer it to a law enforcement agency or officer, or sell it to a dealer or an out of state purchaser
A: Yes, the SAFE Act does not affect your ability to continue to buy 10 round magazines.
A: While at a recognized range, whether you are there for recreation or for participating in shooting competitions, you may load the full ten rounds into any magazine you have. Starting on April 15, 2013, you are limited to putting 7 rounds in the magazine in all other locations.
A: Hunters should remember that for many years there have been round limitations when it comes to guns used during hunting. In New York you may not hunt with a semi-automatic gun that can contain more than 6 rounds unless it uses .22 or .17 caliber rimfire ammunition, is an autoloading pistol with a barrel length of less than eight inches, or has been altered to reduce its capacity to no more than 6 rounds in the magazine and chamber combined. For more information please click here.


Antique Guns & Magazines
A: Yes, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon or the magazine holds over ten rounds it must be registered.
A: Any magazine or gun manufactured more than 50 years ago.
A: Yes. As long as the gun is registered, it can be freely transferred to anyone.
A: Yes, provided that you register both the gun and magazine using the same simple registration process that is used for assault weapons. Click here to register your antique gun and magazine.


Private Sales
A: Starting on March 15, 2013, all private handgun, rifle or shotgun sales or transfers (with the exception of those sales or transfers to and between certain family members) will require a background check of the buyer.
A: Sales or transfers to and between spouses, domestic partners, children and step-children, are exempt from the private sale/transfer provision.
A: The background check must be performed by a dealer. Federal law and guidelines govern the process that dealers must follow if they choose to conduct a background check for a private sale.

 

You, the seller/transferor, bring the weapon to any dealer that agrees to facilitate the sale or transfer. The dealer conducts an instant background check of the buyer/transferee—the same check run for all retail firearm sales. The dealer may not charge more than $10 for this service.

 

You may visit the dealer along with the buyer/transferee and complete the sale or transfer together, or you may leave your firearm with the dealer to complete the sale or transfer on your behalf.
A: No background check is required for sales or transfers to spouses, domestic partners, children and step-children.
A: No, dealers in New York are not required to facilitate private firearm sales or transfers. However, if they do, they may not charge more than $10 per firearm to complete the sale or transfer. It is up to the private parties to decide who is responsible for paying the dealer.
A: Failure to comply with the provision is punishable as a class A misdemeanor.


Safe Storage
A: You are required to safely store your gun if you live 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.
A: You can use an appropriate locking device including a trigger lock, a gun safe, or a secure gun cabinet. Click here for more information on how to safely store your gun.


Organizations
A: Yes. Any assault weapons owned by an organization must be registered by April 15, 2014. Any such weapons must have been owned by the organization prior to January 15, 2013; as of that date, acquisition of new assault weapons is prohibited.
A: The organization can designate any individual owner and/or employee as the "Responsible Party" for purposes of assault weapon registration. It is recommended that the individual be someone with responsibility for supervising use of the weapon(s), such as a head of security or range captain.
A: No. Click HERE to download form. The form must to be mailed to the address indicated.
A: No, the registration is free.
A: The organization must designate a new responsible party, who must complete a new registration.
A: The primary business location of the responsible party.


Please note: This website is informational only and does not constitute legal advice.

Assault Weapon Registry
Governor Andrew M. Cuomo Official Web Site New York Rising: Governor Cuomo 2013 Initiatives
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