http://www.nypdcea.org/pdfs/NYSP_Safe_Act_Field_Guide.pdf1. Definition: The Safe Act redefined the term “Assault Weapon” and created registration requirements for those who lawfully owned them before the enactment of the statute.
As of January 15, 2013, the term “Assault Weapon” has been redefined as:2
• A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following military characteristics:
a. Folding or Telescoping Stock
b. Protruding Pistol Grip
c. Thumbhole Stock
d. Second Handgrip or Protruding Grip that can be held by non-shooting hand
e. Bayonet Mount
f. Flash Suppressor
g. Muzzle Brake
h. Muzzle Compensator
i. A threaded barrel designed to accommodate the above
j. Grenade Launcher
• A semiautomatic shotgun having at least one of the following characteristics:
a. Folding or Telescoping Stock
b. Thumbhole Stock
c. Second Handgrip or Protruding Grip that can be held by non-trigger hand
d. Fixed magazine capacity in excess of seven rounds
e. An ability to accept a detachable magazine
• A semiautomatic pistol, able to accept a detachable magazine and has at least one of the following characteristics:
a. Folding or Telescoping Stock
b. Thumbhole Stock
c. Second Handgrip or Protruding Grip that can be held by non-trigger hand
d. Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip
e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer
f. 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
g. A manufactured weight of fifty ounces or more when the pistol is unloaded
2 There are some exceptions to this definition. For example a rifle, shotgun or pistol that is manually operated by bolt, pump, lever or slide action, an antique firearm, and those firearms, rifles and shotguns made at least 50 years ago are not classified as Assault Weapons. Officers seeking more specific information on these and other exceptions should check the information on the Internet at
http://www.governor.ny.gov/nysafeact/gun-reform or contact the state police Safe Act hotline at 1-855-LAW-GUNS.
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2. Registration Requirements
Anyone who lawfully possessed a weapon on or before January 15, 2013, that has been redefined as an Assault Weapon by the Act, may keep that weapon provided the person registers the weapon by April 15, 2014. The registration process is a quick, simple and free procedure that can be conducted over the Internet. The web site is
https://firearms.troopers.ny.gov/safeact/welcome.faces.
The registration for an assault weapon must be renewed every 5 years.
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4. Applicable Criminal Charges: (Chargeable after April 15, 2014)
Applies when a person lawfully possessed the assault weapon before January 15, 2013.
Failure to Register an Assault Weapon / PL 400.00 (16-a) (c) (class A misdemeanor)
A person who knowingly fails to register by April 15, 2014, may be charged with PL section 400.00 (16-a) (c) / “Knowingly Failing to Register an Assault Weapon,” a class A misdemeanor. This charge applies to a person who lawfully possessed the weapon prior to the Safe Act, knew that the weapon was of the type that must be registered and failed to register it.