The New York Safe Ammunition and Firearms Act of 2013 commonly known as the NY SAFE Act is a weapon regulation law in the state of New York. The law was adopted by the State Legislature of New York and signed into law by New York Governor Andrew Cuomo in January 2013. The law was written in response to a photo shoot of Sandy Hook Elementary School in Newtown, Connecticut and Webster December 24, New York Shooting. Cuomo describes the law as the heaviest weapon control law in the United States.
The NY SAFE Act contains a number of firearms regulations. It also contains a provision of separation that allows other measures to remain in place if a broad ban on weapons is not authorized by the court.
Video NY SAFE Act
Legislative history
The State Senate of New York approved action on 43-18 votes on January 14, 2013. The vote was bipartisan, with nine Republican Senate votes in favor. State Senator Jeffrey D. Klein sponsors the law.
The next day (the second full day of the 2013 legislative session), the New York State Assembly approved the law with a 104-43 vote, and Governor Andrew Cuomo signed the bill into law less than an hour later. The passage of the law makes New York the first time to breach the arms laws since the Sandy Hook massacre. Cuomo describes the law as the heaviest weapon control law in the United States.
The bill was passed under the procedural "requirement message", a tool in the New York State Constitution where the governor can speed up voting on bills, beyond the usual three-day wait period. Although nominally used for emergencies, the procedure "message of necessity" has been frequently used in New York to pass many laws (it has been used at least 415 times since 1938).
Maps NY SAFE Act
Terms
Support for the SAFE Act is highly polarized by the region, with strong support in New York City and surrounding areas, but opposition in upstate New York. Fourteen months after its journey, Siena College polls show that 63% of New York state-registered voters say they support the SAFE Act, but only 45% of northern voters do so. The New York Times reported that in Upstate New York, "County, towns and villages have passed a resolution that denounces the law, and some districts even demand that their official seal is not used on any related document with them.In response to an open record request, the governor's office shared hundreds of pages of such resolutions, from far-off places such as the Adirondack town of North Hudson, with 238 residents, to more populous areas such as Erie County. "Instead, the Attorney Manhattan District, Cyrus R. Vance, Jr. strongly support the law, saying that "it will provide law enforcement with stronger tools to protect our communities from armed violence, including provisions that allow us to combat the arms trafficking and violent gangs, and others that closing the gap of state showrooms and managing the sale of ammunition and weapons in large numbers. "
Following the passage of the Act, the New York State Sheriff's Association (NYSSA) wrote a letter offering mixed opinions on the SAFE Act. NYSSA prefers legal sections that increase penalties for violent armed violations, expanded background checks, and secure weapons storage mandates in households that include members who are not eligible to use weapons legally. NYSSA opposes legal sections that expand the definition of assault weapons, the use of limited magazines, and the sale of limited ammunition via the Internet.
Criticism
A number of anti-SAFE rallies have been held at the New York State Capitol in Albany; one in 2014 featuring Donald Trump, Rob Astorino, and Carl Paladino, and attracted some 3,000 gun fans. Rally of SAFE Pro-NY action has also taken place in Albany.
The law was criticized as "rushing through" by state legislatures without consideration whether it would criminalize police and other law enforcement officers carrying firearms with magazines with a capacity larger than those allowed for civilians.
The Republican Party in the New York Legislature has made a number of unsuccessful attempts over the years to revoke the Act; these efforts have been led by State Senator Kathleen A. Marchione and State Councilor Marc Butler.
Some mental health experts have expressed concern that the law may disrupt their treatment of potentially dangerous individuals, or prevent such people from seeking treatment. The Veterans Health Administration of the United States (VA) has said that they will not comply with any provision requiring the release of certain mental health records for violating federal patient secrecy laws.
Others claim that this is a backdoor ban on gun sales, noting that the seven-round magazine does not exist for many popular models. After realizing that the seven-round magazine did not exist for most firearms, New York Governor Andrew Cuomo reversed his position on the seven-lap limit, stating, "There is no such thing as a seven-bullet magazine [sic].That's not there, so you're right "He went on to say the country needs to allow the sale of weapons and rifles with ten-round magazines, but requires the New Yorkers to carry only seven rounds in it, except for firing range and competition. He claims the law can still be enforced. The Senate leaders Cuomo and New York plan a mere seven-round magazine limit delays until they can rewrite their size. In March 2013 during budget negotiations, Cuomo and MPs agreed to continue allowing 10-round magazines to be sold, but could still be filled with 7 cartridges.
Legal challenge
On March 11, 2013, the United States Department of Veterans Affairs announced that it would not follow the terms of the SAFE NY Act which requires mental health professionals to report patients who seem more likely to hurt themselves or others. A Department spokesman stated that federal laws that protect veteran privacy take precedence over state law. Supporters of military veterans have expressed concern that reporting requirements will prevent some people from seeking the necessary treatment.
Robert L. Schulz and several hundred other weapons-rights activists pursued legal challenges to the NY SAFE Act in a New York state court, arguing that the act was unconstitutional as the use of "demand message" by Governor Cuomo to rule out a three-day waiting period has been violates the New York State Constitution. Judge Thomas J. McNamara of the New York Supreme Court rejected the plaintiff's request for an order and then denied the challenge, found no constitutional violation.
A separate challenge takes place in federal courts. In December 2013, US District Court Judge William M. Skretny, of the Federal District Court in Buffalo, upheld most of New York's SAFE Act, saying that its provision "further the state's important interest in public safety.... really disarming New Yorkers, and that does not mean jeopardizing their right to self-defense. " But he dropped the provision that only seven rounds of ammunition could be loaded into a ten-round magazine, calling it an "arbitrary restriction" that violated the Second Amendment, and said that it could lead to "pitting criminals completely - loaded magazines against law-abiding citizens up to seven rounds. "
The New York State Rifle and Pistol Association dropped his lawsuit in March 2016. After the death of Judge Antonin Scalia, it was decided that it was impossible to win favorable views of the Supreme Court.
Next amendment
The SAFE NY Act as originally passed does not explicitly exclude the police from some legal provisions, such as the seven-round limit, although older law (not withdrawn by the NY SAFE Act) does indeed provide such exceptions. This caused some initial confusion, but the office of Governor Andrew Cuomo said immediately after the section that "Police officers who have amber clips [sic] with more than seven bullets do not violate this law and they will never, period." In July 2013, Cuomo signed the law as an act that clearly excludes retired law enforcement officers who qualify from certain provisions of the Act. These exceptions allow retired officers (who served at least ten years and leave in a good position) to keep the weapons and magazines purchased as part of official duties, provided they are registered with the state within 60 days of retirement.
Impact on weapon manufacturers
In 2013, Moon Kook-jin's Kahr Arms of Pearl River, a weapons manufacturer, announced that it will move its headquarters from New York to Pennsylvania after passing the NY SAFE Act. The company also announced that it will build a manufacturing facility in Pennsylvania, rather than in Orange County, New York, as has been studied.
In 2014, Remington Arms Co. decided to open a manufacturing plant in Huntsville, Alabama. President of United Mine Workers Local 717, representing workers at Remington's existing plant in Ilion, New York expressed concern about the future of the New York facility and blames the NY SAFE Act for the company's decision to expand in Alabama rather than New York. However, "Remington has not given any indication of the public that they plan to exit Ilion, in fact, has spent more than $ 20 million on new equipment for its plant in Ilion and added 560 jobs at the plant" within a few years before 2014. Next, about 100 jobs Remington was moved from New York to Alabama; Remington Outdoor Company CEO said that the SAFE Act (along with other factors such as "quality of labor, business environment, tax and economic incentives, and existing infrastructure") to shift.
See also
- Legal weapons in New York
- Country hunting license
References
Source of the article : Wikipedia
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