The Safe Act: New York's Ban on Assault Weapons and Large Capacity Magazines

Criminal Law Bulletin, Vol. 53 No. 1, 2017

NYU School of Law, Public Law Research Paper No. 16-21

31 Pages Posted: 29 Jun 2017

See all articles by James Jacobs

James Jacobs

New York University School of Law

Zoe Fuhr

New York University School of Law

Date Written: June 17, 2016

Abstract

NYS's 2012 SAFE Act includes tougher assault weapon and large capacity magazine bans than those enacted just 12 years earlier as part of NYS's omnibus 2000 gun control law. The SAFE Act outlaws semi-automatics that accept detachable magazines and have one or more military-like features. Current owners may keep their assault weapons if they register them with the State Police, but they may not transfer or bequeath them to a fellow New Yorker. Manufacturers and retailers quickly adjusted by modifying prohibited weapons so that they do not qualify as assault weapons although they are functionally identical. The SAFE Act's large capacity magazine ban initially limited magazine capacity to seven rounds, but had to be amended to ten because seven round magazines did not exist. The amendment's stipulation that a ten round magazine could not be loaded with more than seven cartridges was struck down by a federal court. This assesses what the two bans have so far achieved.

Suggested Citation

Jacobs, James B. and Fuhr, Zoe, The Safe Act: New York's Ban on Assault Weapons and Large Capacity Magazines (June 17, 2016). Criminal Law Bulletin, Vol. 53 No. 1, 2017, NYU School of Law, Public Law Research Paper No. 16-21, Available at SSRN: https://ssrn.com/abstract=2991795

James B. Jacobs (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Zoe Fuhr

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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