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This appeared in today's Democrat & Chronicle... http://www.democratandchronicle.com/article/20130116/NEWS01/301160050/cuomo-gun-control-new-york-faq
I thought it might be helpful to list the Q&A that they provided, since so many of us are struggling to understand exactly what the fck is in this monumental piece of crap.
WARNING: I have simply cut and pasted from the article. I am in no way portraying the following to be accurate or complete.
Here are some answers to frequently-asked questions about the new gun laws:
Q: What types of guns are now banned?
A: The state's bolstered assault-weapons ban took effect as soon as Cuomo signed the bill around 5 p.m. Tuesday. The ban encompasses semiautomatic rifles, shotguns and pistols that contain a certain "military-style feature."
Semiautomatic rifles, shotguns and pistols are now illegal if they have a folding, telescoping or thumbhole stock. They are also banned if they have a pistol grip that extends beneath the action of the weapon, a second grip for the non-trigger hand, a bayonet mount, a grenade launcher or the ability to hold a flash suppressor.
Shotguns are banned if they are semiautomatic and contain a second grip, a fixed magazine that can hold more than seven rounds or the ability to hold a detachable magazine.
Semiautomatic pistols are also prohibited if they have the ability to hold a detachable magazine and have a second grip, the capacity for a magazine attached to the pistol outside of the grip, a threaded barrel for a flash suppressor, a shroud for the non-trigger hand or a weight of 50 ounces or more.
The new law requires the State Police to create a website with specific makes and models of weapons that are not permitted in New York. Any gun that requires a permit will need to be re-licensed every five years.
Q: What happens with assault weapons that are now banned?
A: Any semiautomatic guns that are now banned but were legal before Tuesday are grandfathered in.
Those guns, however, must be registered with State Police within one year. Any grandfathered guns can be sold out of state, but cannot be sold or transferred within New York.
If a gun owner knowingly does not register with the state within a year, that person faces a misdemeanor charge. If they unknowingly do not register, they face a warning from local police and would then have 30 days to register or surrender their weapon.
Q: Which magazines are now outlawed?
A: After the bill was signed, New Yorkers were no longer allowed to purchase a magazine with a capacity of more than seven rounds. New York's previous capacity limit was 10 rounds, though magazines manufactured before 1994 were not subject to the ban.
That changed on Tuesday. Those who own pre-1994 magazines that hold more than 10 rounds now have one year to either sell them out of state or surrender them to authorities.
Magazines purchased before Tuesday that can hold eight, nine or 10 bullets remain legal, but they become illegal if more than seven rounds are loaded in them at any one time.
The penalties for possessing an outlawed magazine vary. If someone possesses a pre-1994 high-capacity magazine after one year, they could be hit with a misdemeanor.
For a grandfathered-in magazine, the penalty for loading it with more than seven rounds in the owner's home is a $200 fine for a first violation and a misdemeanor for a second violation. If it's outside of the owner's home, the penalty is a misdemeanor.
Q: Is pistol permit information still public?
A: The new gun laws contain an "opt-out" clause for current and future handgun-permit holders that would allow them to keep their personal information from being released through requests for public records.
For the next 120 days, the law prohibits the disclosure of any personal information on a person's handgun permit or application. Within 30 days, State Police have to come up with a form that would allow a permit holder to request that their information be kept private.
Current permit holders would then have 60 days to fill out the form, while future applicants would have the option of filling it out. County officials would decide if the exemption is valid.
The bill would allow permit holders or applicants to request a privacy exemption for specific reasons, such as being an active or retired police officer, having an order of protection, having been a witness in a criminal proceeding or having been a juror or on a grand jury.
It includes broad language for others seeking an exemption, such as if the applicant "has reason to believe his or her life or safety may be endangered by disclosure" or "may be subject to unwarranted harassment."
Q: Are private gun sales still allowed?
A: The private sale of firearms - meaning any gun sold from an individual to an individual, rather than at a store -- remains legal. But for the first time, buyers in those sales must go through a background check.
In order to purchase a gun privately, the buyer must go to a registered gun dealer and have his or her name put through the National Instant Check System. The gun dealer can charge up to $10 to perform the check.
If the buyer is approved, the gun dealer must provide him or her with a form certifying the results. The buyer then has to present the form to the person selling the gun.
The background check requirement for private sales will take effect in 60 days, according to the new law.
Q: What happens when I buy ammunition?
A: Under the new state gun laws, sellers will soon have to check with a yet-to-be-created state database before selling ammunition to an individual.
State Police have one year to create a statewide database of gun permit holders and records. Those records would then be checked against state criminal and mental-health records to ensure the permit holders remain in good standing and can legally keep a firearm.
Within 30 days after it is completed, all ammunition sales will have to be run through the database before the sale can be final.
Q: What happens with assault weapons that are now banned?
A: Any semiautomatic guns that are now banned but were legal before Tuesday are grandfathered in.
Those guns, however, must be registered with State Police within one year. Any grandfathered guns can be sold out of state, but cannot be sold or transferred within New York.
If a gun owner knowingly does not register with the state within a year, that person faces a misdemeanor charge. If they unknowingly do not register, they face a warning from local police and would then have 30 days to register or surrender their weapon.
Q: Which magazines are now outlawed?
A: After the bill was signed, New Yorkers were no longer allowed to purchase a magazine with a capacity of more than seven rounds. New York's previous capacity limit was 10 rounds, though magazines manufactured before 1994 were not subject to the ban.
That changed on Tuesday. Those who own pre-1994 magazines that hold more than 10 rounds now have one year to either sell them out of state or surrender them to authorities.
Magazines purchased before Tuesday that can hold eight, nine or 10 bullets remain legal, but they become illegal if more than seven rounds are loaded in them at any one time.
The penalties for possessing an outlawed magazine vary. If someone possesses a pre-1994 high-capacity magazine after one year, they could be hit with a misdemeanor.
For a grandfathered-in magazine, the penalty for loading it with more than seven rounds in the owner's home is a $200 fine for a first violation and a misdemeanor for a second violation. If it's outside of the owner's home, the penalty is a misdemeanor.
Q: Is pistol permit information still public?
A: The new gun laws contain an "opt-out" clause for current and future handgun-permit holders that would allow them to keep their personal information from being released through requests for public records.
For the next 120 days, the law prohibits the disclosure of any personal information on a person's handgun permit or application. Within 30 days, State Police have to come up with a form that would allow a permit holder to request that their information be kept private.
Current permit holders would then have 60 days to fill out the form, while future applicants would have the option of filling it out. County officials would decide if the exemption is valid.
The bill would allow permit holders or applicants to request a privacy exemption for specific reasons, such as being an active or retired police officer, having an order of protection, having been a witness in a criminal proceeding or having been a juror or on a grand jury.
It includes broad language for others seeking an exemption, such as if the applicant "has reason to believe his or her life or safety may be endangered by disclosure" or "may be subject to unwarranted harassment."
Q: Are private gun sales still allowed?
A: The private sale of firearms - meaning any gun sold from an individual to an individual, rather than at a store -- remains legal. But for the first time, buyers in those sales must go through a background check.
In order to purchase a gun privately, the buyer must go to a registered gun dealer and have his or her name put through the National Instant Check System. The gun dealer can charge up to $10 to perform the check.
If the buyer is approved, the gun dealer must provide him or her with a form certifying the results. The buyer then has to present the form to the person selling the gun.
The background check requirement for private sales will take effect in 60 days, according to the new law.
Q: What happens when I buy ammunition?
A: Under the new state gun laws, sellers will soon have to check with a yet-to-be-created state database before selling ammunition to an individual.
State Police have one year to create a statewide database of gun permit holders and records. Those records would then be checked against state criminal and mental-health records to ensure the permit holders remain in good standing and can legally keep a firearm.
Within 30 days after it is completed, all ammunition sales will have to be run through the database before the sale can be final.
I thought it might be helpful to list the Q&A that they provided, since so many of us are struggling to understand exactly what the fck is in this monumental piece of crap.
WARNING: I have simply cut and pasted from the article. I am in no way portraying the following to be accurate or complete.
Here are some answers to frequently-asked questions about the new gun laws:
Q: What types of guns are now banned?
A: The state's bolstered assault-weapons ban took effect as soon as Cuomo signed the bill around 5 p.m. Tuesday. The ban encompasses semiautomatic rifles, shotguns and pistols that contain a certain "military-style feature."
Semiautomatic rifles, shotguns and pistols are now illegal if they have a folding, telescoping or thumbhole stock. They are also banned if they have a pistol grip that extends beneath the action of the weapon, a second grip for the non-trigger hand, a bayonet mount, a grenade launcher or the ability to hold a flash suppressor.
Shotguns are banned if they are semiautomatic and contain a second grip, a fixed magazine that can hold more than seven rounds or the ability to hold a detachable magazine.
Semiautomatic pistols are also prohibited if they have the ability to hold a detachable magazine and have a second grip, the capacity for a magazine attached to the pistol outside of the grip, a threaded barrel for a flash suppressor, a shroud for the non-trigger hand or a weight of 50 ounces or more.
The new law requires the State Police to create a website with specific makes and models of weapons that are not permitted in New York. Any gun that requires a permit will need to be re-licensed every five years.
Q: What happens with assault weapons that are now banned?
A: Any semiautomatic guns that are now banned but were legal before Tuesday are grandfathered in.
Those guns, however, must be registered with State Police within one year. Any grandfathered guns can be sold out of state, but cannot be sold or transferred within New York.
If a gun owner knowingly does not register with the state within a year, that person faces a misdemeanor charge. If they unknowingly do not register, they face a warning from local police and would then have 30 days to register or surrender their weapon.
Q: Which magazines are now outlawed?
A: After the bill was signed, New Yorkers were no longer allowed to purchase a magazine with a capacity of more than seven rounds. New York's previous capacity limit was 10 rounds, though magazines manufactured before 1994 were not subject to the ban.
That changed on Tuesday. Those who own pre-1994 magazines that hold more than 10 rounds now have one year to either sell them out of state or surrender them to authorities.
Magazines purchased before Tuesday that can hold eight, nine or 10 bullets remain legal, but they become illegal if more than seven rounds are loaded in them at any one time.
The penalties for possessing an outlawed magazine vary. If someone possesses a pre-1994 high-capacity magazine after one year, they could be hit with a misdemeanor.
For a grandfathered-in magazine, the penalty for loading it with more than seven rounds in the owner's home is a $200 fine for a first violation and a misdemeanor for a second violation. If it's outside of the owner's home, the penalty is a misdemeanor.
Q: Is pistol permit information still public?
A: The new gun laws contain an "opt-out" clause for current and future handgun-permit holders that would allow them to keep their personal information from being released through requests for public records.
For the next 120 days, the law prohibits the disclosure of any personal information on a person's handgun permit or application. Within 30 days, State Police have to come up with a form that would allow a permit holder to request that their information be kept private.
Current permit holders would then have 60 days to fill out the form, while future applicants would have the option of filling it out. County officials would decide if the exemption is valid.
The bill would allow permit holders or applicants to request a privacy exemption for specific reasons, such as being an active or retired police officer, having an order of protection, having been a witness in a criminal proceeding or having been a juror or on a grand jury.
It includes broad language for others seeking an exemption, such as if the applicant "has reason to believe his or her life or safety may be endangered by disclosure" or "may be subject to unwarranted harassment."
Q: Are private gun sales still allowed?
A: The private sale of firearms - meaning any gun sold from an individual to an individual, rather than at a store -- remains legal. But for the first time, buyers in those sales must go through a background check.
In order to purchase a gun privately, the buyer must go to a registered gun dealer and have his or her name put through the National Instant Check System. The gun dealer can charge up to $10 to perform the check.
If the buyer is approved, the gun dealer must provide him or her with a form certifying the results. The buyer then has to present the form to the person selling the gun.
The background check requirement for private sales will take effect in 60 days, according to the new law.
Q: What happens when I buy ammunition?
A: Under the new state gun laws, sellers will soon have to check with a yet-to-be-created state database before selling ammunition to an individual.
State Police have one year to create a statewide database of gun permit holders and records. Those records would then be checked against state criminal and mental-health records to ensure the permit holders remain in good standing and can legally keep a firearm.
Within 30 days after it is completed, all ammunition sales will have to be run through the database before the sale can be final.
Q: What happens with assault weapons that are now banned?
A: Any semiautomatic guns that are now banned but were legal before Tuesday are grandfathered in.
Those guns, however, must be registered with State Police within one year. Any grandfathered guns can be sold out of state, but cannot be sold or transferred within New York.
If a gun owner knowingly does not register with the state within a year, that person faces a misdemeanor charge. If they unknowingly do not register, they face a warning from local police and would then have 30 days to register or surrender their weapon.
Q: Which magazines are now outlawed?
A: After the bill was signed, New Yorkers were no longer allowed to purchase a magazine with a capacity of more than seven rounds. New York's previous capacity limit was 10 rounds, though magazines manufactured before 1994 were not subject to the ban.
That changed on Tuesday. Those who own pre-1994 magazines that hold more than 10 rounds now have one year to either sell them out of state or surrender them to authorities.
Magazines purchased before Tuesday that can hold eight, nine or 10 bullets remain legal, but they become illegal if more than seven rounds are loaded in them at any one time.
The penalties for possessing an outlawed magazine vary. If someone possesses a pre-1994 high-capacity magazine after one year, they could be hit with a misdemeanor.
For a grandfathered-in magazine, the penalty for loading it with more than seven rounds in the owner's home is a $200 fine for a first violation and a misdemeanor for a second violation. If it's outside of the owner's home, the penalty is a misdemeanor.
Q: Is pistol permit information still public?
A: The new gun laws contain an "opt-out" clause for current and future handgun-permit holders that would allow them to keep their personal information from being released through requests for public records.
For the next 120 days, the law prohibits the disclosure of any personal information on a person's handgun permit or application. Within 30 days, State Police have to come up with a form that would allow a permit holder to request that their information be kept private.
Current permit holders would then have 60 days to fill out the form, while future applicants would have the option of filling it out. County officials would decide if the exemption is valid.
The bill would allow permit holders or applicants to request a privacy exemption for specific reasons, such as being an active or retired police officer, having an order of protection, having been a witness in a criminal proceeding or having been a juror or on a grand jury.
It includes broad language for others seeking an exemption, such as if the applicant "has reason to believe his or her life or safety may be endangered by disclosure" or "may be subject to unwarranted harassment."
Q: Are private gun sales still allowed?
A: The private sale of firearms - meaning any gun sold from an individual to an individual, rather than at a store -- remains legal. But for the first time, buyers in those sales must go through a background check.
In order to purchase a gun privately, the buyer must go to a registered gun dealer and have his or her name put through the National Instant Check System. The gun dealer can charge up to $10 to perform the check.
If the buyer is approved, the gun dealer must provide him or her with a form certifying the results. The buyer then has to present the form to the person selling the gun.
The background check requirement for private sales will take effect in 60 days, according to the new law.
Q: What happens when I buy ammunition?
A: Under the new state gun laws, sellers will soon have to check with a yet-to-be-created state database before selling ammunition to an individual.
State Police have one year to create a statewide database of gun permit holders and records. Those records would then be checked against state criminal and mental-health records to ensure the permit holders remain in good standing and can legally keep a firearm.
Within 30 days after it is completed, all ammunition sales will have to be run through the database before the sale can be final.
