New York law has recently been updated to reflect a ban on certain types of weapons. If you are a gun owner, prospective gun owner, dealer, or manufacturer, it’s highly advisable to consult an attorney. The Long Island criminal defense attorney’s at Schalk, Ciaccio & Kahn can help you learn about the new parameters of gun ownership in NY and what you must do to be in compliance with the law. In the event that you do face a weapons charge, be sure to contact our office at 516-858-1266 or at SCKESQ.COM for legal representation right away.
Which Guns are Affected by the SAFE Act?
As your attorney can explain to you, not all guns are affected by the SAFE Act, which is the new NY legislation concerning gun regulation. If you are already in compliance with other existing gun laws, you may not necessarily need to take any additional steps. Most handguns, hunting rifles, and shotguns are not considered assault weapons and are therefore not affected. An assault weapon is one that is semiautomatic and has a military characteristic. A military characteristic includes features such as a folding stock, thumbhole stock, or protruding grip.
What Happens if I Already Own an Assault Weapon?
Gun owners who already owned an assault weapon before the SAFE Act was passed do not necessarily need to surrender it. You could have registered the weapon with the state police. However, the deadline for registering an assault weapon has already passed. If you meet certain criteria, you are not allowed to own any type of gun, including assault weapons. These criteria include being a convicted felon, being under a current order of protection, or having been involuntarily committed.
What Happens if I Failed to Register an Assault Weapon?
If you did not meet the April 15, 2014 deadline for registering your assault weapon, it’s in your best interests to contact a criminal defense lawyer who has experience with weapons charges. This is a Class A Misdemeanor. In addition to penalties upon conviction, you face forfeiture of the weapon.
What Happens After I Register an Assault Weapon?
You need to recertify your gun every five years with the state police. If any of your information changes before that time, you need to complete an amendment form. If you give up ownership of the gun through any means, either voluntarily or otherwise, you must report it to the state police within 72 hours.