NY SAFE Act Frequently Asked Questions:

Below are FAQ intended to help gun owners in New York understand and comply with the NY SAFE Act enacted on January 15, 2013. If your question is not answered here, please continue to check back, as this list will be updated regularly. You can also call the NY Safe Act hotline at 1-855-LAWGUNS 8:00 AM - 9:00 PM for more information.

Q: What does this law do?

A: The NY SAFE Act is designed to make New York a safer place to live by reducing gun violence through common sense and reasonable reforms. The law respects the right to bear arms and the interest of hunters, sportsmen, and legal owners who use their guns appropriately.

The law protects New Yorkers by:

 Keeping guns out of the hands of convicted felons and potentially dangerous mental health patients.  Banning high capacity magazines and assault weapons.  Ensuring all gun purchases are subject to a background check.  Toughening criminal penalties on those who use illegal guns.

Assault Weapons

Q: I own a gun that I use for hunting, is it an assault weapon?

A: Most guns that are used for hunting are not assault weapons and are not affected by this law. Typical and hunting are exempt as the law specifies military style assault weapons by design characteristics. For example, any pump, lever, or bolt or cannot be an assault weapon. To confirm that your rifle is not an assault weapon and to see common models and characteristics click the links below:

 Rifles that are NOT classified as assault weapons  Rifles that are classified as assault weapons  Rifles: Banned Features  Images of Rifles that are NOT classified as assault weapons

To confirm that your shotgun is not an assault weapon and to see common models and characteristics click the links below:

 Shotguns that are NOT classified as assault weapons  Shotguns that are classified as assault weapons  Shotguns: Banned Features  Images of shotguns that are NOT classified as assault weapons

Q: I own a , is that an assault weapon?

A: Most 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 cannot be an assault weapon. To confirm that your handgun is not an assault weapon and to see common models and characteristics click the link below:

 Pistols that are NOT classified as assault weapons  Pistols that are classified as assault weapons  Pistols: Banned Features  Images of pistols that are NOT classified as assault weapons

Q: I am not sure if the gun I own is an assault weapon. How do I find out?

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:

Rifles:

 Rifles that are NOT classified as assault weapons  Rifles that are classified as assault weapons  Rifles: Banned Features  Images of Rifles that are NOT classified as assault weapons

Shotguns:

 Shotguns that are NOT classified as assault weapons  Shotguns that are classified as assault weapons  Shotguns: Banned Features  Images of shotguns that are NOT classified as assault weapons

Pistols:

 Pistols that are NOT classified as assault weapons  Pistols that are classified as assault weapons  Pistols: Banned Features  Images of pistols that are NOT classified as assault weapons

Q: I have an assault weapon. Do I have to give it up?

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. A form will be made available on this website 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.

Q: How does registering my gun compare to getting a handgun license?

A: It is much simpler. To register, all you need to do is fill out a basic form. You do not need to appear in person or provide references or other information that is typically provided during the handgun licensing process.

Q: What do I do if I don’t want to register my assault weapon?

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.

Q: If I modify my gun by removing all design characteristics that makes it an assault weapon, do I have to register it?

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.

Q: If I don’t currently own an assault weapon, how does the new ban on assault weapons affect me?

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.

Q: I have a pistol that appears on my pistol license that now qualifies as an assault weapon, do I still need to register it?

A: No, as long your pistol license includes this pistol, you do not need to separately register it.

Q: When I register my assault weapon, will my records be kept private?

A: Yes. The NY SAFE Act ensures that the privacy of gun owners is protected and keeps these records confidential.

Magazines

Q: How has the law changed for magazines?

A: Since the federal assault weapons ban in 1994, it has been illegal in New York State to buy, for any gun, a detachable , manufactured after the law took effect, that can contain more than ten rounds. This law does not change that. Starting April 15, 2013, only magazines that contain 7 rounds or less will be sold in New York, including permanently modified magazines. Q: Is there a limit to the number of magazines that I can buy at one time?

A: No. The NY SAFE Act does not put any limitations on the amount of magazines that can be purchased.

Q: Can modified magazines be sold by dealers or individuals?

A: Yes, anyone can sell a modified magazine.

Q: Going forward, what magazines can I buy?

A: As of April 15, 2013, only magazines that can contain 7 rounds or less will be sold in New York, including permanently modified magazines.

Q: What can I do with a ten round magazine that I buy before April 15, 2013?

A: You can keep it. Starting on April 15, 2013, you are limited to putting in seven rounds, unless you are at an incorporated firing range or competition recognized by the National Rifle Association or International Handgun Metallic Silhouette Association, in which case the limit is ten.

Q: Do I have to modify the ten round magazine that I buy before April 15, 2013?

A: No.

Ammunition

Q: Is there a limit to the amount of ammunition that I can buy at one time?

A: No. The NY SAFE Act does not put any limitations on the amount of ammunition that can be purchased.

Q: Will I be limited on the amount of ammunition I can buy in a year from now?

A: No. The NY SAFE Act does not put any limitation on the amount of ammunition that can be purchased.

Q: Do I have to go through a background check to buy ammunition today?

A: No. Starting January 15, 2014, a background check will be conducted by dealers before ammunition is sold.

Antique Guns & Magazines

Q: Is there any exception for historic or antique guns and magazines? A: Yes, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon it must be registered.

Q: What qualifies as an antique gun or magazine?

A: Any magazine or gun manufactured more than 50 years ago.

Q: I have an antique gun that now qualifies as an assault weapon. Can I transfer it?

A: Yes. As long as the gun is registered, it can be freely transferred to anyone.

Q: I have an antique gun with a magazine that can contain more than ten rounds. Can I keep the magazine?

A: Yes, provided that you register both the gun and magazine using the same simple registration process that is used for assault weapons.

Private Sales

Q: I want to sell my gun to someone who is not a dealer. What do I have to do?

A: A NICS check must be performed on the prospective buyer by a dealer.

Q: What if I want to sell my gun out of state, does a dealer need to perform a NICS check?

A: No. You can sell your gun out of state, provided you follow the laws of the state. Federal law has certain restrictions on shipping guns between states that you should consult before making a transfer.

Safe Storage

Q: When am I required to safely store my gun?

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.

Q: What do I have to do to safely store my gun?

A: You can use an appropriate locking device including a lock, a gun safe, or a secure gun cabinet.

Dealers

Q: I have guns in my inventory that are now defined as assault weapons and magazines that can contain more than ten rounds. What can I do with them?

A: You can transfer them to another dealer or sell them out of state or to law enforcement. You can also permanently modify these guns and magazines and sell them in state. Q: If someone paid for a gun before January 15, 2013 that is now classified as an assault weapon, but the gun hasn’t been delivered to the buyer, what do I do?

A: You may still give the gun to the buyer, but it must be registered by April 15, 2014.

Q: If I sell ammunition, can I keep selling it?

A: Yes. Currently the law does not add any obligations on sellers. Sellers of ammunition will have to register by January 15, 2014. A form will be made available and you will not need to appear in person or wait for a background check.

Q: Do I have to do a NICS check for someone that is privately selling a gun?

A: No, there is no legal obligation for you to agree to conduct a NICS check on a transaction between two private parties. It is up to your discretion. If you choose to do so, you may charge no more than $10.

Q: Is there any background check required for purchasers of ammunition?

A: No. The background check requirement does not take effect until January 15, 2014.

Q: I am a dealer that sells guns that are now classified as assault weapons to law enforcement; can I continue doing this under the new law?

A: Yes. Nothing in this law changes the ability of dealers to sell to law enforcement or to transfer weapons to other dealers or out of state.

Privacy

Q: I have a pistol license, will my records be kept private?

A: Starting on February 15, 2013, a form will be available for you to submit requesting that your records be kept confidential. Regardless of whether a form has been filed out, no records will be released from now until May 15, 2013. Before the NY SAFE Act, there was no method for licensees to request confidentiality.

Q: When I register my assault weapon, will my records be kept private?

A: Yes. The NY SAFE Act ensures that the privacy of gun owners is protected and keeps these records confidential.

Crimes

Q: What are the changes in the law when it comes to crimes performed with illegal guns?

A: The law establishes tougher penalties for those who use illegal guns as well as measures to help combat gang violence. Tougher penalties under the law include:  Murder of a first responder who is engaged in his or her duties will become a Class A-1 felony, with a mandatory penalty of life in prison without parole.  Possession of a firearm on school grounds or a school bus will be increased from a misdemeanor to a Class E Felony.  Possession of an unloaded gun will be raised from a misdemeanor to a Class E felony.  Recklessly injuring a child by a firearm will become a Class D felony.  The purchase of a gun for someone the buyer knows to be disqualified because of a conviction of a crime, an involuntary commitment or other disqualifier, will be raised to a Class D felony from a misdemeanor. This also raised to a class D felony the sale or transfer of a firearm to an individual known to be prohibited from possessing a gun.  Tougher penalties to permit more effective gang prosecutions, allowing a prosecutor to ask for 25 to life (previously was just 15 years) for an entire group when a gang is involved in murder.  Using or carrying a firearm during drug trafficking or a violent felony will include a 5 year mandatory minimum sentence if the gun is loaded and a 3½ year mandatory minimum if unloaded. (The Court could impose a lower sentence in drug trafficking cases depending on mitigating factors).  Sharing a gun with an individual who is not authorized to possess a gun and commits a crime will constitute criminal facilitation.

Please note: This website is informational only and does not constitute legal advice. Please note this list is not exhaustive and only includes some of the most common models

ATI FX45 Browning Buck Mark Handgun Series Only – All Revolver Models (Buck Mark Series Rifles are Assault Beretta – 84FS Weapons) Beretta – 85FS Charter Arms Bulldog Beretta – 92A1 Charter Arms Mag Pug Beretta - 92FS Charter Arms Pathfinder Beretta – 96A1 Charter Arms Pitbull Beretta -3032 Tomcat Charter Arms Undercover Beretta – BU9 Nano Charter Arms Undercoverette Beretta – M9 Colt 70 Beretta – Model 21 Colt 1991 Beretta – PX4 Storm Colt Cobra Beretta – PX4 Sub Colt Combat Elite Browning 1911-22 Series Colt Defender Colt Gold Cup Dan Wesson Specialist Colt New Agent Dan Wesson Valor Colt New Frontier Dan Wesson V-Bob Colt Mustang Detonics Combat Master Colt Single Action Army Detonics DTX Colt Rail Detonics MTX Colt XSE Detonics Nemesis Dan Wesson CCO Model G17 Dan Wesson CZ Glock Model G19 Dan Wesson ECO Glock Model G21 Dan Wesson Guardian Glock Model G22 Dan Wesson Pointman Nine Glock Model G23 Dan Wesson Razorback Dan Wesson RZ-45 Heritage Glock Model G26 Heckler&Koch USP Compact Glock Model G27 Heckler&Koch USP Tactical Glock Model G30 Hi-Point C-9 Glock Model G33 Hi-Point CF-380 Glock Model G34 Hi-Point JCP 40 Glock Model G35 Hi-Point JHP 45 Glock Model G37 Kahr PM40 Glock Model G39 Kahr PM45 Heckler&Koch HK45 Kel-Tec PF-9 Heckler&Koch Mark 23 Kel-Tec P-11 Heckler&Koch P30 Kel-Tec P-32 Heckler&Koch P30L

Heckler&Koch P2000 Heckler&Koch P2000SK Heckler&Koch USP Kel-Tec P-3AT Sig Sauer P239 Kimber Aegis II Sig Sauer P290 Kimber CDP II Smith & Wesson 22A Kimber Covert II Smith & Wesson 27 Kimber Crimson Carry II Smith & Wesson 36 Kimber Custom Kimber Eclipse II Smith & Wesson 41 Kimber Gold Match Smith & Wesson 58 Kimber Raptor II Smith & Wesson 60 Kimber Solo Smith & Wesson 67 Kimber Super Carry Smith & Wesson 317 Kimber Tactical II Smith & Wesson 340PD Kimber Team Match Smith & Wesson 351 Kimber Ultra Carry II Rossi R35102 Smith & Wesson 442 Smith & Wesson M&P Smith & Wesson 460XVR Smith & Wesson SD9 Smith & Wesson 500 Smith & Wesson SD40 Smith & Wesson 617 Springfield Armory 1911 Smith & Wesson 625 Springfield Armory XD Smith & Wesson 629 Springfield Armory XDM Smith & Wesson 637 Sturm Smith & Wesson 638 Sturm Smith & Wesson 642 Sturm Ruger Smith & Wesson 647 Sturm Ruger GP100 Smith & Wesson 649 Sturm Ruger LC380 Smith & Wesson 1911 Sturm Ruger LC9 Smith & Wesson Bodyguard Smith & Wesson Governor Sturm Ruger LCP Taurus Tracker Sturm Ruger LCR Sturm Ruger P95 Sturm Sturm Ruger Super Redhawk Sturm Ruger Single-Six Sturm Ruger SP101 Sturm Ruger SR9 Sturm Ruger SR40 Sturm Ruger SR40C Sturm Ruger SR45 Sturm Ruger SR1911 Sturm Taurus Model 617 Please note this list is not exhaustive and only includes some of the most common models

Advance Armament Inc. M‐11 Bushmaster Pistol Calico M‐950 Encom MP‐9 and MP‐45 Intratec TEC‐9 Military Armament Corp. Ingram M‐11 RPB Industries Inc. o sM10 o sM11 Sites Spectre Sterling MK‐7 SWD Incorporated M11

Please note this list is not exhaustive and only includes some of the most common models

Browning A‐Bolt David Pedersoli 1886 Browning A‐Bolt III Henry .22 Browning BAR Henry Pump Octagon Browning BAR LongTrac Series Marlin 308 Series Browning BAR ShortTrac series Marlin 336C (Except ShortTrac Hog Stalker Realtree Max-1) Marlin 338 Series Browning BAR Stalker Series Marlin 795 Browning BL 22 Marlin 1894 Browning BLR Series Marlin Model Golden 39A BAR Safari Marlin X7 Series Browning Semi‐Auto 22 Marlin XLR Series Browning T‐Bolt Series Marlin XT CZ 527 Varmint Mossberg 30‐30 Remington Model 40 Mossberg 702 Remington Model 121 Fieldmaster Remington Junior Target 521TL Remington Model 141 Remington Keene rifle Remington 270 Remington rifle Remington 336 Remington Model 5 Remington Model 504 Remington Model 6 Remington Model 511 Scoremaster Remington Model 7 Remington Model 512 Sportmaster Remington Model 513 Fieldmaster Remington Model 34 Remington 7600 Remington Modular Rifle Remington Model 673 Remington XM2010 ESR Remington Woodmaster Savage 11/111 BTH Hunter Series Savage 11/111 FCNS Hunter Series Remington Model 722 Savage 12 BTCSS Varmint Series Remington Model 725 Savage 12 BVSS Varmint Series Remington 760 Savage 12 FCV Varmint Series Savage 12 FLV Varmint Series Savage 12 FV Varmint Series Remington Model 798 Remington Model 799 Savage 12 LRPV Left Port Varmint Series Savage 17 Series 93R17 FVSS Savage VLP DBM Varmint Series Savage 17 Series 93R17 GLV Savage 14/114 American Classic Savage 17 Series 93R17 GV Savage 14/114 American Classic Stainless Savage 17 Series 93R17 TR Savage 17 Series 93R17 BRJ Savage 17 Series 93R17 TRR‐SR Savage 17 Series 93R17 BSEV Savage 25 Lightweight Varminter Savage 17 Series 93R17 BTV Savage 25 Lightweight Varminter‐ T Savage 17 Series 93R17 BTVLSS Savage 25 Walking Varminter Savage 17 Series 93R17 BTVS Savage 64 F Savage 17 Series 93R17 BVSS Savage 64 FSS Savage 17 Series 93R17 Camo Savage 64 G Savage 17 Series 93R17 F Savage 17 Series 93R17 FSS Savage 17 Series 93R17 FV Savage 93 BRJ Magnum Series Savage Axis XP Camo Savage 93 BSEV Magnum Series Savage Axis XP Youth Savage 93 BTVS Magnum Series Savage Axis XP Youth Camo Savage 93 F Magnum Series Savage Axis XP Youth Muddy Girl Savage 93 FSS Magnum Series Savage Axis Youth Savage 93 FV Magnum Series Savage Mark II BRJ Savage 93 FVSS Magnum Series Savage Mark II BSEV Savage 93 G Magnum Series Savage Mark II BTV Savage 93 GL Magnum Series Savage Mark II BTVLSS Savage Axis 7mm Savage MARK II BTVS Savage Axis Camo Savage Mark II BV Savage Axis SR Savage MARK II Camo Savage Axis Stainless Savage Axis Stainless XP Savage Axis XP Savage Mark II F Savage Weather Series 16/116 FCSS Savage Mark II FSS Savage Weather Series 16/116 FHSS Savage Mark II FV Savage Weather Series 16/116 FLHSS Savage Mark II FV‐SR Savage Weather Series 16/116 FSS Savage Mark II FVT Springfield 30‐06 Savage Mark II G Uberti 1866 Yellowboy Savage Mark II GL Savage Mark II GLY Winchester Model 71 Savage Mark II GY Winchester Model 76 Savage Mark II TR Winchester Model 94 Savage Mark II TRR‐SR Winchester Model 1873 Savage Target Series 12 Bench Rest Winchester Model 1885 Savage Target Series 12 F Class Winchester Model 1892 Savage Target Series 12 F/TR Winchester 1907 Savage Target Series 12 Long Range Precision Savage Target Series Palma Please note this list is not exhaustive and only includes some of the most common models

Armalite AR‐180 Fabrique Nationale: Beretta AR‐70 o CAL o F2000 Calico M‐900 o SCAR Century Arms MAS 223 o PS90 CETME Sporter o FAL Daewoo: o LAR o FNC o K‐1 o 308 Match o K‐2 o Max 1 o Max 2 o AR 100 o AR 110C

HK‐91, HK‐93, HK‐94, HK‐PSG‐1 Valmet J&R ENG M‐68 o M62S o M71S Norinco 84S, and 86S o M78S Poly Technologies AKS and AK47 Weaver Nighthawk RPB Industries Inc. sM10 and sM11 SIG AMT o PE‐57 o SG 550 o SG 551 Sterling MK‐6 Steyer AUG SWD Incorporated M11 UZI and Galil

Any AR‐15 variant designed to fire Ameetec ammunition in any manufactured by American Spirit Arms the firms listed below: American Tactical AAC Anderson Manufacturing Accurate Tool & Manufacturing Anvil Arms Adams Ardel Engineering & Manufacturing Adcor Arizona Armory Addax Tactical ArmaLite ‐ Ad Tek ATI Aero Precision Barnes Precision Machine AFM Barrett Firearms Manufacturing AGP Arms Alexander Arms

Bartlett Enterprises Century Arms Battle Born Charles Daly firearms BCM Christensen Arms Black Heart International (BHI) CMMG Black Hole Weaponry Colt Canada (previously Diemaco) Black Rain Ordnance Colt's Manufacturing Company Blackthorne Continental Machine & Tool (CMT) BOHICA Core 15 Rifles Systems Bushmaster Firearms International Crusader Weaponry C3 Defense Dalphon Carolina Mountain Tactical Dane Armory Cavalry Arms Daniels Defense CD Defense Centurion Arms Dedicated Technology Essential Arms Delaware Machinery Ferfrans Del‐Ton Firebird Precision Denny's Guns Floro International Corporation Diamondback FN Dlask RIFLES Frankford Arsenal Double Diamond Fulton Armory Double Star GATITO Arms DPMS Panther Arms Good Times Outdoors Dreadnaught Industries Gunsmoke DS Arms Head Down Products DSC/J&P Dist. Heckler and Koch DSG Arms Eagle Arms Hero‐Guns LaRue Hesse Arms Lauer Custom Weaponry High Standard Manufacturing Company Legion Firearms Hogan Les Baer Hughes Precison Products Lewis Machine and Tool Company Huldra LMT Iron Ridge Arms Loki Weapons Systems JD Machine Tech Lone Wolf JP Rifles, Inc. LRB Arms Kaiser M2 Corporation Kies Knight's Armament Company Land Warfare McKay Enterprises, LLC. Resources Corporation International (LWRCI) LAR Mega Machine Plum Crazy MGI POF Mohawk Armory Predator Custom Shop RIFLES Mossberg Professional Ordnance, Inc. New Frontier Arms PWA Next Generation PWS Nodak Spud Quality Arms Norinco Quentin Defense Noveske Red Jacket LLC. Olympic Arms Red River Tactical Ordnance, Inc Palmetto RGM Para‐Ordnance (Para‐USA) R‐Guns Patriot Rip Tactical PAW Arms RND Machining STI Rock River Arms Stinger Arms Rocky Mountain Arms Sturm, Ruger RIFLES Roggio Arsenal Sun Devil Sabre Defence/Manroy USA Superior Arms Schmeisser Surplus Ammo& Arms Seekins Tactical Innovations Sendra Tactical Machining Sharps TNW SI Defense United Defense Manufacturing Corporation Sig Sauer USA Tactical Firearms Sionics Vltor SLR‐15 Vulcan Smith & Wesson Wilson Combat SMOS Windham SOG Armory YHM Corp Spikes Tactical Z‐M Weapons Stag Arms Zombie Defense Any AK‐ 47variant designed to fire Ewbank Manufactureing ammunition in any caliber manufactured by Firing Line the firms listed below: Firing line AK Concepts Global Trades AK USA Manufacturing Global Trades/Armory USA American Arms Hesse Armory USA Hesse Arms Arsenal Horn Custom rifle Bulgarian Arsenal Hungarian Arsenal Inc ‐ B West Inter Ordnance ‐ B West Izhevsk Factory ‐ Russia Century Arms Kalashnikov USA Cugir Arsenal Krebs Custom Inc. Dragunov Sniper Rifles Ernst Thaelmann VEB – East Germany Krinks Red Jacket Firearms Lucznik in Radom – Poland Robinson Armament Co. MAADI CO Romarms MARS Russian American Arms Marshall Arms Sadu Arsenal Mitchell Arms, Inc State Armory in Radom – Poland MLS99 Styer Norinco Suhl Factory – East Germany Ohio Ordnance Works Tapco Ohio Rapid Fire Tula Arsenal ‐ Russia Piece of History Firearms LLC Valmet Poly Technologies Vector Arms Polyany Arsenal ‐ Russia Vulcan Arms PolyTech WUM

Precision Metal Works

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FN Herstal SLP MK1 TACT Franchi SPAS 12 and LAW 12 RAAC MKA1919 SEMI AUTO Remington 81059 Versa Max Tactical TACTICAL Saiga semi‐automatic shotgun SRM Tactical Semi‐Auto Shotgun Striker 12 The Streetsweeper type S/S Inc. SS/12 1. It is semiautomatic AND 2. It has one of the following military characteristics:

 Folding or Telescoping Stock  Thumbhole Stock  Second Handgrip or Protruding Grip that can be held by non shooting hand  Fixed magazine capacity in excess of seven rounds  An ability to accept a detachable magazine

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