Allstar Tactical has just posted up on their blog that they are giving a 15% off discount on their SAFEMOD AR15 Compliance product.
I’m sure by now you have all read about the 2nd Circuit Decision in NYSRPA v. CUOMO. It’s unfortunate, but it’s not over. Furthermore, after reading Gov. Cuomo’s smug response to the decision, we have decided to offer a special 15% off sale on our SAFEMOD product through this weekend. Use coupon code THXCUOMO to get 15% off SAFEMODs and also get a FREE NYFirearms.com sticker as well as a FREE Allstar Tactical “Do You Even Pew Pew Pew Bro” sticker. Grab your SAFEMOD here.
The Allstar Tactical SAFEMOD is a mag button will modify your AR15 to no longer accept a detachable magazine and permanently affix an AR15 magazine in place. It works by preventing the button from being depressed once the magazine is inserted into the rifle. The SAFEMOD™ is made from aircraft-grade 6061 aluminum alloy and Type II anodized in matte black.
According to the NY SAFE ACT from the NYS Governor’s website on the SAFE ACT, “Rifles requiring registration are: Semiautomatic rifles capable of receiving a detachable magazines.” According to this definition of the law, but removing the capability of the rifle to receive “a detachable magazines” you no longer have to register the rifle and the banned features do not apply.
Remember, this is our interpretation of the law and we cannot be held responsible for a law enforcement official’s misinterpretation of the law or the legality of this product. We are working diligently to get word from the NYS Troopers that will assure us that this modification does in fact make your rifle legal.
TL;DR… What a smug asshole.
“Today, the U.S. Court of Appeals for the Second Circuit upheld what we have long known to be true – that the core provisions of the NY SAFE Act do not violate the Second Amendment. Today, common sense prevailed.
“When we passed the SAFE Act, just days after the tragedies in Newtown and Webster, New York proved to the nation that it is possible to enact sensible gun control that coexists with the Second Amendment. We showed that it can be done with bi-partisan support from both urban and rural communities. And we took a fundamental step forward to help end the stream of senseless killings by keeping guns out of the hands of criminals and the dangerously mentally ill.
“This case validates a simple, fundamental truth about gun control: that it is possible to have strong laws that keep our communities safe, while at the same time respecting the rights of law-abiding gun owners. New York has set the example – and it’s far past time for Washington to follow suit and pass a sensible national gun control policy.”
SOURCE :: NYS Governor Website
We hold that the core provisions of the New York and Connecticut laws prohibiting possession of semiautomatic assault weapons and large‐capacity magazines do not violate the Second Amendment, and that the challenged individual provisions are not void for vagueness. The particular provision of New York’s law regulating load limits, however, does not survive the requisite scrutiny. One further specific provision—Connecticut’s prohibition on the non‐semiautomatic Remington 7615—unconstitutionally infringes upon the Second Amendment right. Accordingly, we AFFIRM in part the judgment of the District Court for the District of Connecticut insofar as it upheld the prohibition of semiautomatic assault weapons and large‐capacity magazines, and REVERSE in part its holding with respect to the Remington 7615. With respect to Case 14-36, Document 330-1, 10/19/2015, 1621732, Page5 of 57 the judgment of the District Court for the Western District of New York, we REVERSE in part certain vagueness holdings, and we otherwise AFFIRM that judgment insofar as it upheld the prohibition of semiautomatic assault weapons and large‐capacity magazines and invalidated the load limit.
Read the full NYSRAP vs Cuomo OPINION 10192015.
SOURCE :: Paloma A. Capanna, Law and Policy
ALBANY – The state Legislature left the Capitol early Friday without making any changes to the controversial gun-control law installed in 2013.
After some Senate Republicans ran for office last year vowing to seek a repeal of the gun-control law, they were unable to reach a deal to reform the SAFE Act, drawing the ire of gun-rights groups.
“Am I disappointed? Absolutely, and I think the gun owners of New York state are going to be disappointed also,” said Thomas King, the president of the state Rifle & Pistol Association.
Senate Republicans passed a bill to make a variety of changes to the measure, which was championed by Gov. Andrew Cuomo. But Assembly Democrats and Cuomo showed no appetite to follow suit.
The lack of action on the SAFE Act will create further friction within the Republican Party: upstate GOP members loathe the law, but Long Island Republicans voted for it in 2013 — including new Senate Republican Leader John Flanagan, R-Suffolk County.
“Flanagan had a chance to unite the Republican Party, but he didn’t,” Assemblyman Bill Nojay, R-Pittsford, Monroe County, a gun-rights advocate, said.
Nojay said Flanagan should have pressed harder in negotiations for SAFE Act changes, saying Flanagan had leverage when it came to New York City Democrats who wanted rent-control laws.
“This is a huge disappointment for the Second Amendment community, and it’s not a good omen for the Republicans in the state Senate,” Nojay said. “They always ask for our support for the past two and a half years. They have failed to deliver on anything.”
Flanagan and other senators, however, said they tried to get an agreement with Democrats, but were unsuccessful. Some Assembly Democrats want more gun-control laws.
“For the first time since it became law, we’ve made real headway. However, because the bills failed to pass in the Assembly, there is still clearly work to be done to fully restore our Second Amendment rights,” Sen. Sue Serino, R-Hyde Park, Dutchess County, said in a statement.
Serino, along with Sens. Rich Funke of the Rochester area and George Amedore of the Albany area, were among new state GOP senators who pledged to try to get a repeal of the law as they successfully beat incumbent Democratic senators last November.
Among the changes approved by the Senate would have dropped a requirement that every purchaser of ammunition undergo a background check. The ammunition database that was part of the SAFE Act has yet to function, and the state allocated $27.7 million in 2013 to implement the law, including the creation of the database.
“I will be the first to acknowledge that there is unfinished business – further economic development, more mandate relief, SAFE Act repeal and reform – are all issues that I will continue push,” Sen. James Seward, R-Milford, Otsego County, who sponsored the bill, said in a statement.
A Siena College poll last month found that 62 percent of voters supported the SAFE Act.
Leah Gunn Barrett, executive director of New Yorkers Against Gun Violence, said the law has worked to limit gun violence, require greater registration of weapons and kept guns out of the hands of the mentally ill.
“None of the parties are inclined to anything about it. And the reason they are not is because it is actually working,” Barrett said. “People support it because it’s commonsense: It’s background checks on all guns sales; it’s an assault weapons ban; it’s a five-year renewable permit; tougher penalties for bringing guns on school grounds. These are all commonsense measure. We have an epidemic of gun violence in this country.”
Flanagan narrowly beat out Syracuse Sen. John DeFrancisco for the Senate leadership post last month after the resignation of Dean Skelos as leader amid corruption charges. Six upstate senators went with Flanagan over their fellow upstate member, which irked upstate leaders and led Flanagan to pledge to revisit the SAFE Act.
The Republicans who voted for Flanagan behind closed doors were: Cathy Young of the Southern Tier; Michael Nozzolio of the Finger Lakes; Hugh Farley of the Albany area; Seward of the Mohawk Valley; and William Larkin and John Bonacic of the Catskills.
Stephen Aldstadt, president of the Shooters Committee on Public Education, said talk of primaries against Senate Republicans who backed Flanagan will likely grow after the SAFE Act was left untouched.
“There are a lot of people angry” over the law, Aldstadt said. “They are still as angry as they ever were.”
SOURCE :: Poughkeepsie Journal
With the State Police declining to appeal an earlier trial court decision ordering them to release the data, the number of people who have registered assault style weapons under the SAFE Act became public on Monday.
“I’m grinning from ear to ear,” said Rochester lawyer Paloma Capana, who successfully sued on behalf of a client for the information.
The bottom line: 23,847 people since the 2013 law took effect have applied to register assault style weapons. A total of 44,485 weapons have been registered.
Here’s a breakdown by county of applications to register assault weapons since Jan. 15, 2013:
Kings (Brooklyn) 54
New York (Manhattan) 1,640
Richmond (Staten Island) 52
Saint Lawrence 259
(Source: New York State Police)
And here is the court document with the registration data. Registration statistics are in the last five pages or so: NYSP Gun Stats PDF
The data had been withheld following an earlier request under the state’s Freedom of Information Law.
She had filed suit on behalf of Rochester radio host Bill Robinson under Article 78, a proceeding that allows legal actions against the state. She argued in State Supreme Court in Albany County that there was no reason the simple number of registrations should be kept secret.
The plaintiff’s FOIL was submitted on Jan. 27, 2014, and prompted the standard letter from a State Police Records Access Officer noting its receipt and promising another response within 20 days.
But then the State Police fell silent, ignoring two letters from Robinson sent in April and June. In July, he filed an appeal based on the contention that the non-response was a denial, and the judge agreed.
One of the highlights of the SAFE, or Secure Ammunition and Firearms Enforcement Act is a ban on ”assault-style” weapons, which are defined as having military-type features such as a pistol grip or flash suppressor.
Weapons such as civilian versions of the M16 military rifle, or the Soviet-designed AK47 are popular examples of the guns banned under the law.
Gov. Andrew Cuomo pushed the bill though at the start of 2013, just weeks after the Newtown, Conn. school massacre.
People who already owned assault style weapons, though, were grandfathered but they were supposed to register them with the State Police in April 2014.
Critics believed that was an intrusion into their privacy, and as the logistics of tracking the registration became clear, many predicted that only a handful of people would actually register their guns.
Capanna said that appears to be the case, with fewer than 45,000 weapons being registered.
While there is no firm count, observers have estimated there could be hundreds of thousands or even a million assault-style weapons in New York.
In Connecticut, which later passed a similar registration law, 50,016 weapons have been registered.
But with a population five times that of the Nutmeg State, fewer weapons have been registered in New York, suggesting widespread non-compliance.
Additionally, local police including several county sheriffs, have opposed parts of the SAFE Act and suggested that enforcement of the registration component was not a priority.
The trial court decision, from Acting Supreme Court Justice Thomas McNamara, directed the State Police to release 15 categories of information related to the state registry, including detailed geographic breakdowns (including county and ZIP code) and the number of applications as opposed to actual registrations.
There is also a breakdown of pistols, shotguns and rifles that were registered.
Source: Times Union
New York City RENT CONTROL expired at midnight last night. Assemblyman Peter Lopez, NYS Assembly District 102, has a Bill pending for FULL REPEAL of the ‘SAFE Act’ tied to rent control extensions: Bill A08215
For a bill in the NYS Legislature to become law, it must pass both the Assembly and the Senate in identical form; the Senate bill must be “same as” the Assembly bill. Therefore; a bill must be introduced in the NYS Senate that is exactly the “same as” Bill A08215.
It’s up to us! We have to make a mighty noise to the NYS Senate Republican Conference NOW!
If you can make only two phone calls; Please call Senator Flanagan: (518) 455-2071 and Senator Nozzolio: (518) 455-2366
Ask them to sponsor a “same as” bill to Assembly Bill A08215 for the FULL REPEAL of the ‘SAFE Act’ and to put it up for immediate vote.
Please also call your individual Senator and ask them to vote on the ‘same as’ bill by the end of Tuesday, June 16th.
Make your voice heard for FULL REPEAL
For more information visit scopeny.org
We have updated our NYS Gun Laws section of our website. The information we had on there was written several years ago and was basically an interpretation of the law from one of our admins. Because of the NY SAFE Act and the numerous changes that it included, we decided it would better server our readers to include the law verbatim from the NYS Penal Code website. We will try to stay on top of any updates that New York State pushes out as this can be a great resource for people who may be visiting for hunting or competition.
If you have any thing else that you’d like us to add, please feel free to contact us!
Assemblyman Pete Lopez introduced a bill last Thursday that would extend New York City’s current rent laws for four years. The best part of this bill is that Part B of the legislation would repeal Chapter 1 of the Laws of 2013, also know as the NY SAFE Act.
In an interview, Lopez said that this was an attempt to draw attention to what he said was “a huge disconnect between cultures,” referring to the people that live in the five boroughs versus the people living in upstate rural New York. He said that upstate residents in general place the same importance on the preservation of Second Amendment rights that New York City dwellers reserve for the preservation of affordable housing.
Lopez also said the controversial 2013 gun control law was a failure as an attempt to stop violence, and said that he’s not ignorant of the root causes of crime.
From the justification memo for the Lopez bill:
The SAFE Act has been surrounded by controversy since its enactment in 2013. The bill, riddled with errors and omissions, was passed with no time for public input or thoughtful consideration by the Legislature. The provisions contained within the SAFE Act, have been roundly criticized as an attack on Second Amendment rights guaranteed by the United States Constitution. Consequently, it is no surprise that key provisions of the SAFE Act have not been implemented and several court cases challenging its constitutionality are pending. While many agree more needs to be done to keep guns out of the hands of criminals and those suffering from mental illness, the SAFE Act does not, and has not, addressed these societal challenges but instead has targeted law-abiding citizens who use firearms for sport and self-defense. New York City rent regulation has been equally controversial and viewed by some as a violation of private property rights of building owners. The passage of rent regulation legislation has been contentious, with the last four-year extender passed at the very close of Legislative Session in 2011. Missing from any discussion surrounding the SAFE Act has been the collective call to address the root causes of violence in our society. Understandably, urban and inner-city populations might look at a fire arm as a threat but what has been failed to be addressed is the acknowledgment that a fire arm is only a weapon when used as such. In today’s culture of violence, a rock, a stick, or even someone’s bare hands, could have the same devastating impact as a gun when used with malicious intent. The sponsor believes our collective challenge is to provide a framework that gives people hope and opportunity; in combination, education, job skills, job placement, clean decent housing, and mental health and other counseling services, can have a marked impact on shaping people’s lives. This legislation simply seeks to bring the priorities of two very different cultures to the forefront in an effort to get both sides to talk to each other both meaningfully and sincerely. It is hoped the dialogue fostered by this bill can help New Yorkers find common ground that promotes freedoms and offers protections and security to those in need.
We will have to wait and see if this will gain any traction.
From WRGC (Joseph Spector, Albany Bureau Chief):
The Republican-led state Senate on Monday approved a bill that would make a variety of changes to New York’s controversial gun-control law.
The measure faces an uphill fight in the Democratic-led Assembly as Senate Republicans look to reform the SAFE Act, which Gov. Andrew Cuomo and Democrats championed when it was approved in 2013.
Among the changes would include a repeal of a requirement that every purchaser of ammunition undergo a background check. The ammunition database that was part of the SAFE Act has yet to function, and the state allocated $27.7 million in 2013 to implement the law, including the creation of the database.
The bill, introduced late Friday, is sponsored by Sen. James Seward, a central New York Republican whose district includes the major gun manufacturing plant owned by Remington Arms. The bill passed the Senate, 35-26.
“These are commonsense changes, administrative changes to the SAFE Act,” Seward said on the Senate.
Seward was one of six Republican senators from upstate who supported Sen. John Flanagan, R-Suffolk County, to succeed indicted Majority Leader Dean Skelos last month.
Flanagan, who voted for the SAFE Act, has pledged to look at possible changes to the law as a nod to the upstate members.
The bill also includes several other reforms to the law.
It would amend the law to allow for the gifting of registered semiautomatic long guns to family members, who would then be required to undergo a background check.
Another change would no longer allow for gun registrations to be made public. Currently, the gun licenses are public unless, as part of the SAFE Act, a gun owner applies to the information kept private.
The change would no longer consider the information public, yet the bill makes it explicit that statistical data on the number of registrations and recertifications would be public. Gun groups have successfully sued to have statistical information made public, but State Police have fought the requests.
Another provision of the SAFE Act that requires reporting mental-health issues involving gun owners would also be clarified. The bill would aim to make the reporting of such cases more accurate by identifying reported people, changing the guidelines and simplifying the appeal process.
Another reform would give counties and the state Division of Criminal Justice Services more oversight of the license recertification process — not State Police. The recertification is required as of 2018 every five years, but State Police handling the process instead of counties has wrangled gun-rights groups.
Sen. Daniel Squadron, D-Brooklyn, criticized the bill, saying the SAFE Act has proven successful in better reporting and monitoring gun ownership and sales.
“This bill is not a reasoned and considered amendment to the SAFE Act,” he said during the Senate debate. “This bill undermines some provisions that are working, such as the registration of ammo dealers.”
Last month, Assembly Speaker Carl Heastie, D-Bronx, doubted whether Democrats have the appetite to revisit the SAFE Act. Some Democrats want more gun-control laws.
“That would probably be very challenging, but if it comes up, we’ll bring it to the conference,” Heastie said. “But I don’t really foresee too many changes coming from us in the SAFE Act.”
Allstar Tactical, one of our website sponsors, has posted a press release, announcing it’s position on the NY SAFE Act. Head over to their website and check it out: Our Official Position On The Attacks On Our Freedoms