The New York Secure Ammunition and Firearms Enforcement Act, or NY SAFE Act, was a piece of legislation passed in New York in 2013. It is widely regarded as one of the strictest gun control laws in the United States. This bill was put forth in the New York State legislature in response to the Sandy Hook Elementary School shooting, and was signed into law purportedly to reduce firearm-related violence and crimes while enhancing public safety.
The key takeaways from the NY SAFE Act can be found below, and are the ones that affect most people.
Assault Weapon Ban:
The SAFE Act criminalized possession of various types of firearms, including those commonly used by law-abiding persons for the purposes of self-defense.
A list of the weapons banned by the New York SAFE Act is provided at the end of this article. A separate article will be created for all the weapons banned in New York City.
Magazine capacity restrictions:
A common question asked is, “Can I own magazines with a capacity of over 10 rounds?”
The short answer is: No.
Initially, the SAFE Act banned any magazine with a capacity of over 7 rounds of ammunition, but this provision was later overturned by both a Federal Judge in SDNY and the Second Circuit Court of Appeals.
Thus, in New York state you may possess handgun and rifle/shotgun magazines of up to 10 rounds.
You may also possess handgun, rifle or shotgun magazines that were previously high-capacity, and that are no longer readily restored, or converted to accept, more than ten rounds of ammunition.
This also applies to New York City gun owners. However, New York City Rifle / Shotgun permit holders are limited to rifles and shotguns with 5 round capacities.
Universal Background Checks:
Any firearm, rifle, or shotgun sales in New York State must go through a licensed dealer who will conduct a New York NICS background check on the buyer.
There is an exception for immediate family members, if the seller knows that the person they would be transferring the firearm to is able to legally possess the firearm.
Background check requirements A semi-auto permit is required for any semi-automatic rifles, and a handgun license is required for any handgun. There is no permit requirement for shotguns as long as the buyer does not live in New York City.
New York City residents are required to have a handgun permit to possess/obtain any handgun and a Rifle/Shotgun permit to obtain any rifle or shotgun. There is no requirement for a semi-auto permit for New York City residents.
Mental Health Reporting:
Mental health professionals are required to report individuals who, in their professional judgment, are likely to cause serious harm to themselves or others. Such individuals may have their firearms seized, and their names added to a database that prohibits them from purchasing firearms.
Ammunition Background Checks:
No direct sales of ammunition.
When enacted, the NY SAFE Act called for background checks for ammunition. However, this was not possible until the CCIA was enacted in 2022.
As of the writing of this post (2024), all ammunition sales in New York must be done through a New York FFL, or Seller/Holder of Ammunition Certificate holder.
Statewide Gun Owner Database:
The act established a statewide registry of all assault weapons and a database of gun owners to facilitate law enforcement's ability to track firearms.
Safe Storage Requirements:
The law imposed safe storage requirements for firearms, particularly in households where someone ineligible to own a firearm resides.
Stricter Penalties:
The SAFE Act introduced stricter penalties for firearm-related crimes, including those involving illegal guns or attempts to bring firearms into prohibited locations such as schools.
Pistol Permit Recertification:
Pistol permit holders must recertify their licenses every three years for concealed carry, or five years for premise permits ensuring that outdated or invalid permits are removed from circulation.
Web-Based Firearm Recertification:
The act introduced an online system for pistol permit holders to recertify their licenses, streamlining the process and improving record-keeping.
New York City, Westchester, Nassau and Suffolk residents all recertify with their own local police departments. All other county residents recertify with the New York State Police.
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Banned Features for Semi-Automatic Rifles:
Folding or telescoping stock
Pistol grip that protrudes conspicuously beneath the action of the weapon
Thumbhole stock
Second handgrip or a protruding grip that can be held by the non-trigger hand
Bayonet mount
Flash suppressor, muzzle brake, muzzle compensator, or threaded barrel designed to accommodate such a device
Grenade launcher
If a semi-automatic rifle has any of these features and accepts a detachable magazine, it is classified as an assault weapon and is banned under the SAFE Act.
Banned Features for Semi-Automatic Shotguns:
Folding or telescoping stock
Thumbhole stock
Second handgrip
Bayonet mount
Detachable magazine
A semi-automatic shotgun with one or more of these features is considered an assault weapon.
Banned Features for Semi-Automatic Pistols:
Folding or telescoping stock
Thumbhole stock
Second handgrip
Barrel shroud
The ability to accept a magazine outside of the pistol grip
A threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer
a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned
A manufactured weight of over 50 oz when the pistol is unloaded
A semi-automatic pistol with one or more of these features and a detachable magazine is classified as an assault weapon.
A semiautomatic version of an automatic rifle, shotgun or firearm;
A revolving cylinder shotgun;
Any and all of the above items are banned by the NY SAFE act, and if they were not registered prior to the grace period ending in 2013 are a class E felony to possess.
