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The NYS SAFE ACT


 
A short note on Title 1 Firearms commonly referenced as "OTHER":

Under the 1911 Sullivan Law which is what New York State's Firearms restrictions and permissions are valued upon, a greater than 26" OAL Semiautomatic with a barrel less than 16" rifles or 18" smooth or even non-spiral rifled, which possesses 1 of the following as detailed under Section C below, falls under the jurisdiction of your local licensing authority. It doesn't matter that you have a forward grip, it still falls under the jurisdiction of the Local Licensing authority. Now add an arm brace (any arm brace by any manufacture), to which the Office of Legal Council of the State Police has opined, is a shoulder stock on a short barreled rifle or shotgun. It doesn't have to fold or collapse. If it can be pressed into the shooter's shoulder and enhances one's aiming ability, it's a shoulder stock in NYS.  Pretending that the Penal Law doesn't recognize an "OTHER" will not save you before a jury.
A state defined "FIREARM" (not a defined Rifle or Shotgun) does fall under local licensing discretion. Each individual Licensing Authority has been vested under the Sullivan law with the power to declare any firearm a Public Nuisance and a threat to Public Safety.
It doesn't matter that an upstate Sheriff's Department informally permits the possession of such, downstate says no.
As of 01/19/2013. the Penal law has been officially updated online.

22. "Assault weapon" means

(a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a thumbhole stock;
(iv) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(v) a bayonet mount;
(vi) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;
(vii) a grenade launcher; or

(b) a semiautomatic shotgun that has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(iv) a fixed magazine capacity in excess of seven rounds;
(v) an ability to accept a detachable magazine; or

(c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;
(iv) capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;
(v) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(vi) 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;
(vii) a manufactured weight of fifty ounces or more when the pistol is unloaded; or
(viii) a semiautomatic version of an automatic rifle, shotgun or firearm;

(d) a revolving cylinder shotgun;

(e) 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;

(f) 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;

(g) provided, however, that such term does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon;
(v) any weapon validly registered pursuant to subdivision sixteen-a of section 400.00 of this chapter. Such weapons shall be subject to the provisions of paragraph (h) of this subdivision;
(vi) any firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof that is validly registered pursuant to subdivision sixteen-a of section 400.00 of this chapter;
(h) Any weapon defined in paragraph (e) or (f) of this subdivision and any large capacity ammunition feeding device that was legally possessed by an individual prior to the enactment of the chapter of the laws of two thousand thirteen which added this paragraph, may only be sold to, exchanged with or disposed of to a purchaser authorized to possess such weapons or to an individual or entity outside of the state provided that any such transfer to an individual or entity outside of the state must be reported to the entity wherein the weapon is registered within seventy-two hours of such transfer. An individual who transfers any such weapon or large capacity ammunition device to an individual inside New York state or without complying with the provisions of this paragraph shall be guilty of a class A misdemeanor unless such large capacity ammunition feeding device, the possession of which is made illegal by the chapter of the laws of two thousand thirteen which added this paragraph, is transferred within one year of the effective date of the chapter of the laws of two thousand thirteen which added this paragraph.

This is the list as provided to state senators for the drafting of the bill as provided by NYSP-GIU.
Note: it wasn't included in the law.
Any AR-15 variant designed to fire ammunition in any caliber manufactured by the firms listed below
 Alexander Arms Frankford Arsenal RND Machining
AAC Floro International Corporation Rock River Arms
Accurate Tool & Manufacturing Firebird Precision Rocky Mountain Arms
Adams Fulton Armory Roggio Arsenal
Ad-Tek GATITO Arms Sabre Defense/Manroy USA
Addax Tactical Good Times Outdoors Schmeisser
AFM Gunsmoke Seekins
Adcor Head Down Products Sendra
Ameetec Heckler and Koch Sharps
AGP Arms Hesse Arms Sig Sauer
Ardel Engineering & Manufacturing Hero-Guns Sionics
American Spirit Arms High Standard Manufacturing Company SI Defense
ArmaLite Hogan SLR-15
American Tactical Hughes Precision Products Smith & Wesson
 Anderson Manufacturing Huldra Spikes Tactical
Anvil Arms Iron Ridge Arms SOG Armory
Aero Precision JD Machine Tech SMOS
ATI JP Rifles, Inc. Stag Arms
Arizona Armory Kaiser Sturm, Ruger
Barnes Precision Machine Kies Surplus Ammo & Arms
Barrett Firearms Manufacturing Knight's Armament Company STI
 Bartlett Enterprises LAR Stinger Arms
Battle Born LaRue Superior Arms
BCM Lauer Custom Weaponry Sun Devil
Black Heart International (BHI) Legion Firearms Tactical Innovations
Black Hole Weaponry Les Baer Tactical Machining
Black Rain Ordnance Lewis Machine and Tool Company TNW
Blackthorne Land Warfare Resources Corp. Int'l. (LWRCI) United Defense Manufacturing Corp.
BOHICA Lone Wolf USA Tactical Firearms
 Bushmaster Firearms International Loki Weapons Systems Vltor
C3 Defense LMT Vulcan
Carolina Mountain Tactical LRB Arms Windham
Cavalry Arms M2 Corporation YHM Corp
CD Defense Magpul Industries Z-M Weapons
Century Arms McKay Enterprises, LLC. Zombie Defense
Centurion Arms MGI Intentionally left blank for future use
Continental Machine & Tool (CMT) Mega Machine Intentionally left blank for future use
Charles Daly firearms Mohawk Armory Intentionally left blank for future use
Christensen Arms Mossberg Intentionally left blank for future use
CMMG New Frontier Arms Intentionally left blank for future use
Colt's Manufacturing Company Next Generation Intentionally left blank for future use
Colt Canada (previously Diemaco) Nodak Spud Intentionally left blank for future use
Core 15 Rifles Systems Norinco Intentionally left blank for future use
Crusader Weaponry Noveske Intentionally left blank for future use
Dalphon Olympic Arms Intentionally left blank for future use
Dane Armory Ordnance, Inc. Intentionally left blank for future use
Daniels Defense Palmetto Intentionally left blank for future use
Dedicated Technology Patriot Intentionally left blank for future use
Del-Ton Para-Ordnance (Para-USA) Intentionally left blank for future use
Delaware Machinery PAW Arms Intentionally left blank for future use
Denny's Guns Plum Crazy Intentionally left blank for future use
Diamondback POF Intentionally left blank for future use
Dlask Predator Custom Shop Intentionally left blank for future use
Double Diamond Professional Ordnance, Inc. Intentionally left blank for future use
Double Star PWA Intentionally left blank for future use
Dreadnaught Industries PWS Intentionally left blank for future use
DSC/J&P Dist. Quality Arms Intentionally left blank for future use
DPMS Panther Arms Quentin Defense Intentionally left blank for future use
DS Arms R-Guns Intentionally left blank for future use
DSG Arms Red Jacket LLC. Intentionally left blank for future use
Eagle Arms Red River Tactical Intentionally left blank for future use
Essential Arms Remington Arms Intentionally left blank for future use
Ferfrans RGM Intentionally left blank for future use
FN Rip Tactical Intentionally left blank for future use
 
 Manufacturers identified by the NYSP-GIU as sources for Prohibited Firearms:
Hesse Century Arms
Norinco Ewbank Manufactureing
AK Concepts Krebs Custom Inc.
Hungarian Arsenal Inc AK USA Manufacturing
Styer Marshall Arms
Piece of History Firearms LLC Vector Arms
PolyTech Red Jacket Firearms
Dragunov Sniper Rifles Romarms
Poly Technologies State Armory in Radom-Poland
B-West Lucznik in Radom-Poland
Cugir Arsenal Suhl Factory-East Germany
Sadu Arsenal Ernst Thaelmann VEB-East Germany
Bulgarian Arsenal Firing Line
Global Trades Robinson Armament Co.
Armory USA Vulcan Arms
Horn Custom Rifle Krinks
Izhevsk Factory - Russia Tapco
MLS99 Tula Arsenal - Russia
Ohio Ordnance Works Precision Metal Works
Ohio Rapid Fire  
Polyany Arsenal - Russia  

Prohibited by Model Name specifically in the SAFE Act.:

SEMIAUTOMATIC RIFLES:
* Norinco 84S, and 86S
* Poly Technologies AKS and AK47
* UZI and Galil
* Beretta AR-70
* CETME Sporter
* Daewoo
   o K-1
   o K-2
   o Max 1
   o Max 2,
   o AR 100
   o AR 110C
* Fabrique Nationale
   o CAL
   o F2000
   o SCAR
   o PS90
   o FAL
   o LAR
   o FNC
   o 308 Match
* Century Arms MAS 223
* HK-91, HK-93, HK-94, HK-PSG-1
* RPB Industries Inc. sM10 and sM11
* SWD Incorporated M11
* SIG AMT
   o PE-57
   o SG 550
   o SG 551
   o Sterling MK-6
* Steyer AUG
* Valmet
   o M62S
   o M71S
   o M78S
* Armalite AR-180
* Calico M-900
* J&R ENG M-68
* Weaver Arms Nighthawk

PISTOLS:
* UZI
* Encom MP-9 and MP-45
* RPB Industries Inc.
   o sM10
   o sM11
* SWD Incorporated M11
* Advance Armament Inc. M-11
* Military Armament Corp. Ingram M-11
* Intratec TEC-9
* Steyr Spectre
* Sterling MK-7
* Calico M-950
* Bushmaster Pistol

SHOTGUNS:
* Franchi SPAS 12 and LAW 12
* Striker 12
* The Streetsweeper type S/S Inc. SS/12
* Saiga semi-automatic shotgun
* FN Herstal SLP MK1 TACT
* Benelli M-2 Tactical
* Remington 81059 Versa Max Tactical
* Remington Model 81404 Tactical
* SRM Tactical Semi-Auto Shotgun
* RAAC MKA1919 SEMI AUTO
* Remington Model 1100 TACTICAL

 
       


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