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Assault Weapons Ban

The State of New York has recently enacted the SAFE Act. The acronym SAFE stands for the Secure Ammunition and Firearms Enforcement. The purported intention and motivation of the law was to make New York safer through many provisions such as preventing criminals and the mentally ill from purchasing guns, enforcing the prohibitions on illegal guns, and banning “assault weapons” deemed to be the most dangerous. The law is complex and has many provisions and requirements for gun and ammunition owners based on the owner’s status and the gun or ammunition the person owns.

If you or a person you know may be affected through the New York Assault Weapons Ban, call our experienced team of New York criminal attorneys now.

The New York SAFE Act classifies a weapon as an assault weapon if it is a semiautomatic rifle, semiautomatic shotgun, or a semiautomatic pistol. Semiautomatic rifles that are able to accept a detachable magazine and have certain characteristics such as a folding or telescopic stock are considered assault weapons in New York.

Semiautomatic shotguns that have characteristics such as a fixed magazine capacity exceeding seven rounds and semiautomatic pistols that are able to accept a detachable magazine and have certain characteristics such as a capacity to accept an ammunition magazine which attaches to the pistol out of the pistol grip, and a revolving cylinder shotgun can also be considered assault weapons. Many other specified features are included in the SAFE act as well including flash suppressors, the weight of a handgun, bayonet lugs, heat shields and other items which don’t generally interfere with the function of the weapon but are cosmetic in nature. Owners of semi-automatic weapons that are specified in the SAFE Act are required to register ownership of their firearms with the New York State Police as required by the law. There is no cost to register an assault weapon. If an owner of an assault weapon alters the weapon to make it not an assault weapon, the owner does not have to register it, but the alteration must be permanent. The ban on the sale and purchase of assault weapons bans one from acquiring assault weapons.

A person who fails to register an assault weapon can be charged with a class A misdemeanor, which is punishable with up to one year in jail, and forfeiture of the weapon. An owner of an assault weapon must re-certify the weapon with the New York State Police every five years. If an owner of an assault weapon alters their contact information, the owner must file a registration amendment form.

Our team of Second Amendment Lawyers are the most experienced and knowledgeable about firearms law. Two of our lawyers are NRA Certified Firearms Instructors and they have vast experience in handling gun and Second Amendment issues and cases. Our lawyers will be able to advise you on your specific situation, such as whether you are required to register your assault weapon, If you have questions about or think you may be in a situation where the New York Assault Weapons Ban directly affects you, call our experienced team of New York firearms attorneys now.

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