NY SAFE: REGISTERING "ASSAULT WEAPONS"

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Mar 19

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“What The Law-Abiding New York Firearms’ Owner Must Know About Governor Andrew Cuomo’s NYSAFE Act”

SUMMARY

In my previous post I laid out the NYSAFE Act definitions of ‘assault weapon,’ and I showed how they work. I pointed out that you should think of “assault weapons” as categories, not gun types. NYSAFE mentions four major categories of “assault weapons” and not three: one for rifles, one for pistols and two for shotguns. I also pointed out two more categories that I call quasi-categories. The two quasi-categories are important. They are important to New York firearms owners who have firearms NYSAFE defines as “assault weapons.” Firearms owners who lawfully have firearms that NYSAFE calls “assault weapons” now have to register those weapons. I discuss the two quasi-categories of assault weapons in this post. I then discuss registration. Let’s begin.

THE TWO QUASI-CATEGORIES OF ASSAULT WEAPONS

Two categories of assault weapon appear in Section 37 of NYSAFE and aren't commonly discussed. But they are important. They are legitimate categories. They appear in Section 37 of NYSAFE. And they look like "assault weapon categories" but they seem redundant. So I call them quasi-categories. I’ll first give you the language of the Act. I’ll second, discuss these two quasi-categories.

SECTION 37(E) (QUASI-CATEGORY FIVE): RIFLES, PISTOLS AND SHOTGUNS THAT ARE ASSAULT WEAPONS

“‘Assault weapon’ means a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of subdivision twenty-two of Section 265.00 of this Chapter as added by chapter one hundred eighty-nine of the laws of two thousand and otherwise lawfully possessed pursuant to such Chapter of the laws of two thousand prior to September fourteenth, nineteen hundred ninety-four.”

SECTION 37(F) (QUASI-CATEGORY SIX): RIFLES, PISTOLS AND SHOTGUNS THAT ARE ASSAULT WEAPONS

“‘Assault weapon’ means a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in paragraph (A), (B) or (C) of this subdivision, possessed prior to the date of enactment of the Chapter of the laws of two thousand thirteen which added this paragraph.”

WHAT DO THESE QUASI-CATEGORIES SAY?

They tell New York owners they have guns now banned under NYSAFE. Section 37(E) refers to firearms laws of 2000 that classified certain firearms as assault weapons – weapons that New Yorkers lawfully had before September 14, 1994. And Section 37(F) refers to NYSAFE. NYSAFE creates new definitions for assault weapons. Section 37(F) says those weapons New Yorkers lawfully had before 2013 are banned firearms. Other Sections of NYSAFE place checks on their continued use. Section 37 (H) of NYSAFE restricts the transfer of assault weapons. And Section 48 of NYSAFE, Subdivision 16, lays out the steps for keeping them.

WHAT DO THESE QUASI-CATEGORIES MEAN?

Sections 37 (E) and (F) of NYSAFE are “grandfather” or “exemption” sections. Since “assault weapons” are illegal, New York residents can no longer lawfully get them. New York residents who had them before the firearms laws of 2000 or before the firearms laws of 2013 -- NYSAFE -- are subject to constraints to keep or transfer them.I have discussed firearms transfers in an earlier post. I'll have more to say about transfers in a later post. But, for now, let’s look at Section 48 of NYSAFE. Section 48 talks, in part, about registration of “assault weapons.”

REGISTRATION OF “ASSAULT WEAPONS”

Section 48 Subdivisions 16-A and 16-B of NYSAFE are codified in Section 400 of the Penal Code of New York. These are the registration Subdivisions of Section 48 of NYSAFE you need to know. I first give you the express language of Subdivisions 16-A and 16-B. I then explain important parts.

SUBDIVISION 16-A HAS THREE SUBSECTIONS.

“Registration. (A) An owner of a weapon defined in paragraph (E) or (F) of subdivision twenty-two of Section 265 of this Chapter, possessed before the date of the effective date of the Chapter of the Laws of two thousand thirteen which added this paragraph, must make an application to register such weapon with the superintendent of the State Police, in the manner provided by the Superintendent, or by amending a license issued pursuant to this Section within one year of the effective date of this subdivision except any weapon defined under subparagraph (VI) of paragraph (G) of subdivision twenty-two of Section 265.00 of this Chapter transferred into the State may be registered at any time provided such weapons are registered within thirty days of their transfer into the State. Registration information shall include the registrant’s name, date of birth, gender, race, residential address, social security number and description of each weapon being registered. A registration of any weapon defined under subparagraph (VI) of paragraph (G) OF SUBDIVISION TWENTY-TWO OF Section 265.00 or a feeding device as defined under subdivision twenty-three of Section 265.00 of this Chapter shall be transferable, provided that the seller notifies the State Police within seventy-two hours of the transfer and the buyer provides the State Police with information sufficient to constitute a registration under this Section. Such registration shall not be valid if such registrant is prohibited or becomes prohibited from possessing a firearm pursuant to State or Federal Law. The Superintendent shall determine whether such registrant is prohibited from possessing a firearm under State or Federal Law. Such check shall be limited to determining whether the factors in 18 USC 922 (G) apply or whether a registrant has been convicted of a serious offense as defined in subdivision Sixteen-B of Section 265.00 of this Chapter, so as to prohibit such registrant from possessing a firearm and whether a report has been issued pursuant to Section 9.46 of the Mental Hygiene Law. All registrants shall recertify to the Division of State Police every five years thereafter. Failure to recertify shall result in a revocation of such registration.” “(B) The Superintendent of State Police shall create and maintain an internet website to educate the public as to which semiautomatic rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are illegal as a result of the enactment of the Chapter of the Laws of two thousand and thirteen which added this paragraph, as well as such assault weapons which are illegal pursuant to Article two hundred sixty five of this Chapter. Such website shall contain information to assist the public in recognizing the relevant features proscribed by such Article two hundred sixty-five, as well, as which make and model of weapons that require registration.” “(C) A person who knowingly fails to apply to register such weapon as required by this Section, within one year of the effective date of the Chapter of the Laws of two thousand thirteen which added this Paragraph shall be guilty of a Class A Misdemeanor and such person who unknowingly fails to validly register such weapon within such one year period shall be given a warning by an appropriate law enforcement authority about such failure and given thirty days in which to apply to register such weapon or to surrender it. A failure to apply or surrender such weapon within such thirty day period shall result in such weapon being removed by an appropriate law enforcement authority and declared a nuisance.”

SUBDIVISION 16-B HAS NO SUBSECTIONS.

Subdivision 16-B says: “The Cost of the software, programming and interface required to transmit any record that must be electronically transmitted by the dealer or licensing officer to the Division of State Police pursuant to this Chapter shall be borne by the State.”

REGISTRATION REQUIREMENTS

Let’s examine the Law.To keep an “assault weapon” you must register it. But first decide if it’s an “assault weapon.” In my previous post, I gave you tests for examining your firearms. If you aren’t sure, err on the side of caution. Register it.I’ll assume here you’ve examined your firearms. If you don’t have “assault weapons,” you needn’t worry. Section 48, Subdivision 16 of NYSAFE applies only to “assault weapons.” Assuming you have “assault weapons,” Section 48, Subdivision 16-A (A) says in part: “An owner of a weapon defined in paragraph (E) or (F) of subdivision twenty-two of Section 265 of this Chapter, possessed before the date of the effective date of the Chapter of the Laws of two thousand thirteen which added this paragraph, must make an application to register such weapon with the Superintendent of the State Police, in the manner provided by the Superintendent.”This Subdivision passed on April 15, 2013, so you have until April 15, 2014 to “make application to register such weapon.” Forms are available on line, or you can contact the Superintendent of State Police at: “New York State Police, Pistol Permit Bureau, 1220 Washington Avenue, Building 22, Albany, New York 12226-2252.” Keep in mind, the State Police alone handles this. Registration is the responsibility of the Superintendent of State Police because NYSAFE says so. Don’t go to any other New York Police Department to register your "assault weapons."

SUPPOSE YOU FAIL TO TIMELY REGISTER YOUR ASSAULT WEAPONS.

Subdivision 16 of NYSAFE applies only to “assault weapons.” Assuming you have “assault weapons,” Section 48, Subdivision 16-A (C) says: “A person who knowingly fails to apply to register such weapon as required by this Section, within one year of the effective date of the Chapter of the Laws of two thousand thirteen which added this Paragraph shall be guilty of a Class A Misdemeanor and such person who unknowingly fails to validly register such weapon within such one year period shall be given a warning by an appropriate law enforcement authority about such failure and given thirty days in which to apply to register such weapon or to surrender it. A failure to apply or surrender such weapon within such thirty day period shall result in such weapon being removed by an appropriate law enforcement authority and declared a nuisance.” If you “knowingly” fail to timely “register such weapon or surrender it,” “you shall be guilty of a Class A Misdemeanor.” NYSAFE says you’ll lose that weapon. But, you’ll likely lose more. You’ll lose your pistol license and long arm permit. That means you’ll lose all your firearms if you knowingly fail to register your assault weapons.

DO NOT IGNORE “ASSAULT WEAPON” REGISTRATION REQUIREMENTS!

In N.Y. State Rifle & Pistol Ass’n vs. Cuomo, 2013 WL 6909955 (W.D.N.Y. 2013) the Federal Court ruled essentially for Defendant Cuomo, for the validity of NYSAFE. The Court found “the challenged provisions of the SAFE Act — including the Act’s definition and regulation of assault weapons and its ban on large-capacity magazines — further the state’s important interest in public safety, and do not impermissibly infringe on Plaintiffs’ Second Amendment rights.” Unless the Plaintiff-Appellant can get a reversal of the District Court’s decision on appeal or the New York State Legislature repeals the Act, NYSAFE is valid law. Don’t ignore NYSAFE!

A QUESTION ABOUT SECTION 48 SUBDIVISION 16-A (B) OF NYSAFE

Section 48, Subdivision 16-A (B) of NYSAFE says in part: “The Superintendent of State Police shall create and maintain an internet website to educate the public as to which semiautomatic rifle, semiautomatic shotgun or semiautomatic pistol or weapon that are illegal as a result of the enactment of the Chapter of the Laws of two thousand and thirteen which added this paragraph, as well as such assault weapons which are illegal pursuant to Article two hundred sixty five of this Chapter.” As I have mentioned in an earlier post, Section 37(D) of NYSAFE says that revolving cylinder shotguns are “assault weapons.” Revolving cylinder shotguns are not semiautomatics. Section 37 of NYSAFE clearly calls some non-semiautomatic firearms “assault weapons.” If you have a revolving cylinder shotgun, it isn’t a semiautomatic. But, Section 37 of NYSAFE says it is an “assault weapon.” So, Subdivision 16-A (B) of Section 48 of NYSAFE isn’t consistent with Section 37 of NYSAFE because Subdivision 16-A (B) suggests that semiautomatics alone may be “assault weapons.” And that's wrong. Various parts of NYSAFE are vague, ambiguous and internally inconsistent. So be careful![separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"]