Across the state, New York enforces various gun bans, many of which are also listed in the now-expired federal assault weapons ban. [10] [11] [12] On January 15, 2013, the NY SAFE Act made the assault weapons ban more restrictive. Certain rifle magazines are prohibited: (a) manufactured after 1994; and (b) the magazine contains more than 10 rounds of ammunition (including small arms). In December 2013, a federal judge ruled that the seven-round magazine restriction was “poor, narrow and unsubstantiated” and therefore unconstitutional. Any semi-automatic rifle (with removable magazine) or shotgun (without pump) with only one of these characteristics is prohibited: 1) pistol grip; (2) bayonet lock; (3) telescopic or folded material; 4) flash suppressors; (5) threading; or 6) grenade launchers. [13] [14] [15] The SAFE Act extended the prohibition to include the following features: 7) muzzle brake (December 2014 Federal Supreme Court All references to the mouth “break [sic]” are deleted); (8) mouth compensator; 9) thumbhole shaft; and 10) front handle. [16] All semi-automatic versions of assault rifles and shotguns purchased before January 15, 2013 are grandfathered, but must be registered within one year of the passage of the SAFE Act. [17] Since the mid-70s, there was a law in New York that made it illegal to possess nunchucks. However, the law was passed by a U.S. District Judge in 2018 after a nearly four-decade legal battle for martial arts enthusiasts. The judge ruled that the Nunchuck ban was a violation of the Second Amendment right to bear arms. Criminal possession of a fourth-degree firearm, criminal section 265.01, is the only firearm charge in New York that is a misdemeanor. Criminal possession of a fourth-degree weapon can be charged in 7 different circumstances.
The 2 most common charges are when a person possesses: In November 2012, then-Mayor Michael Bloomberg (D-NY) denied a request from the New York National Guard to its members to carry service weapons to maintain order in the devastated parts of the city after Hurricane Sandy, calling the presence of members of the armed forces in Brooklyn a “bad idea.” “The NYPD is the only person we want on the street with guns.” [45] In New York City, firearms charges often result from a search and seizure of a person, a car or a person`s home. In such cases, the United States Constitution and the Constitution of the State of New York provide protection against unlawful searches. State ban on assault weapons: New York`s ban is one of the most restrictive in the country. In fact, there is a misconception about most of the following weapons. Many people consider them illegal and lead to arrest simply because they are in your possession. But, as explained below, one of the following means can be used to protect yourself from a violent or fatal attack and is completely legal to wear in most circumstances in New York State. Small blades are often very sharp and can be used to repel an attacker. Everyone is legal to possess in New York as long as they are carried in the way intended: hidden under a key or folded into your wallet.
In June 2022, Gov. Kathy Hochul (D-NY) signed a bill banning anyone under the age of 21 from buying or owning semi-automatic rifles, banning civilian soft body armor, and requiring gun owners to obtain a license before legally possessing new semi-automatic rifles. Individuals between the ages of 18 and 21 can continue to purchase other rifles (bolt, pump, lever or single shot) and can generally purchase all categories of shotguns. Also, as is the case with many items on the list, while the item may be legal to own and carry, you can`t necessarily own it everywhere. Example: on the plane. According to Legal Beagle: There are 3 categories of gun charges in New York City. First, there are the weapons themselves. This is a specific list of weapons whose possession is illegal in all circumstances. Second, it is an undefined category of weapon that applies when a weapon is presumed to be possessed with intent to use it illegally against another person. For the purposes of this section, “high-capacity ammunition magazines” manufactured at least 50 years before the current date are referred to as “old newspapers”. [37] Magazines that are not legally limited to 10 cartridges and that are manufactured at any given time are referred to as “standard capacity magazines”.