After examining the amendments to the 2013 New York Secure Ammunition and Firearms Enforcement Act of 2013 (SAFE), Cheaper Than Dirt! has determined that citizens of New York State maintain a “user liability” when loading more than seven rounds in their gun magazines and will resume shipping 10-round magazines to New York state effective immediately.
The changes to the New York Safe Act read that New Yorkers are not prohibited from purchasing 10-round magazines, but cannot load more than seven rounds in the mag, unless the shooter is at an “incorporated firing range” or competition. It is the gun owners’ responsibility to follow all gun laws and restrictions of the New York SAFE Act.
The SAFE Act amendment specifically states:
“Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds. Magazines may only contain up to 7 rounds regardless of their capacity, unless you are at an incorporated firing range or competition, in which case you may load your magazine to its full capacity.”
Magazines shipping to New York City and Monroe County, New York will remain at a five-round minimum.
The New York SAFE Act passed the New York legislature on January 15, 2013 and Governor Andrew Cuomo signed the law into action the same day. The law:
- Banned “high capacity” magazines
- Requires background checks when purchasing ammunition
- Forces registration of “assault weapons”
- Requires background checks between private sales
- Expanded the definition of “assault weapons”
The law has pushed gun manufacturers out of New York, like Remington’s expansion into Alabama—including Bushmaster—and Kahr Arms move to Pennsylvania.
Since the law went into affect, many have filed lawsuits against the New York SAFE Act, including one by the Second Amendment Foundation citing that the seven-round magazine restriction is unconstitutional. Alan Gottlieb, SAF founder said, “The cartridge limit is arbitrary and serves no useful purpose other than to frustrate, and perhaps entrap, law abiding citizens who own firearms with standard capacity magazines that were designed to hold more than seven rounds.” A New York Judge ruled in the lawsuit in December 2013, stating the New York SAFE Act does not affect New Yorkers’ right to self-defense and therefore is not unconstitutional.
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