New York Gun Laws
On January 15, 2103, Governor Andrew Cuomo signed into law the “NY Safe Act” which bans semi-automatic rifles, shotguns and pistols purchased after Jan. 15, 2013 that have more than one prohibited feature – such as a pistol grip, a folding stock or a flash suppressor. This is the state’s new definition of an assault weapon. The ban does not cover pistol grip shotguns. New York will define a large capacity magazine as any that holds more than seven rounds, down from 10. Anyone owning a magazine that holds more than 10 rounds will be required to sell it out-of-state within one year.
Semi-automatic weapons bought before January 15, 2013 must be registered with the New York State Police Department within one year, the registration of the weapon will trigger a background check of the registrant.
High-volume ammunition purposes will be tracked in real time
The penalties for crimes involving gun laws have also become harsher:
Killing a first responder responding to an emergency a first-degree murder charge.
A mandatory five-year minimum prison sentence will be imposed for anyone who uses a loaded firearm during a drug sale or violent felony.
A mandatory three-and-a-half year minimum prison sentence for using an unloaded gun during any drug sale or violent felony.
“Straw purchasers,” people who can easily pass a background check who buy guns for others will be upgraded from a misdemeanor to a Class D felony.
IT IS A FELONY TO POSSES A GUN ON SCHOOL GROUNDS OR A SCHOOL BUS.
Charges are upgraded for those who use community or shared guns to commit crimes.
The new law will now require mental health providers to report those that pose a danger to themselves or others to the County, which in turn reports to the NY Division of Criminal Justice Services.
Other gun control issues including storage of weapons, sale of firearms currently in your possession, sale of ammunition, Kendra’s law, and background checks are affected by the new law. We would encourage you to visit The NY GOVERNORS WEBSITE for more detailed information about the 39-page law and its implications.
As always, it is imperative that if you are charged with a weapons crime in NY State, that you immediately seek the advice of competant legal counsel experienced in gun and weapons defense. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
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