New York has amended the NY SAFE Act to:
- Allow sales of magazines with ten or fewer rounds. This change was prompted by Governor Cuomo’s realization that seven-round magazines were not generally available for many popular brands of firearms. The ban on loading a magazine with more than seven rounds, unless at a qualified range or shooting competition, will continue in force effective April 15, 2013.
- Add exemptions for police officers, distributors, dealers, manufacturers, etc. To fix a drafting oversight, exemptions for police officers, distributors, dealers, manufacturers, and other exempt persons have been added for the following provisions of New York’s firearm laws:
NY Penal Law 265-01 – ban on carrying a firearm onto school grounds.
NY Penal Law 265-01-B – ban on possessing an assault weapon.
NY Penal Law 265.36 – ban on possession of a magazine loaded with more than seven rounds.
NY Penal Law 265.37 – ban on possession of a greater than 10 round magazine.
Not included were amendments to address the other ambiguities and inconsistencies in the NY SAFE Act that we and others have identified. Several of these ambiguities and inconsistencies were identified in the recent complaint filed in NYSRPA v Cuomo as failing to provide adequate notice in violation of the Due Process clause. Also, allowing the sale of ten round magazines but requiring that they only be loaded with seven rounds, even within the home, fails to address the Second Amendment and Equal Protection arguments made by the plaintiffs in that case.
Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring developments about the NY SAFE Act closely and publishing regular updates which are available by e-mail and on this website. Any questions you may have about the NY SAFE Act should be directed to John F. Renzulli or Christopher Renzulli.