Editors’ Note: This article has been updated to reflect a Correction.
On Jan. 15, 2013, Governor Andrew Cuomo signed into law the NY SAFE Act (Secure Ammunition and Firearms Enforcement Act) that has been depicted as the toughest gun law in the country. (Last week, Connecticut passed legislation that, in many ways, mirrors the New York statute.) Much attention has been paid to several of the New York provisions: tougher restrictions on gun licenses; stronger regulations on ammunition; statewide re-certification of handguns and assault weapons; universal background checks; mandatory reporting by mental health professionals; and safe storage of weapons. However, prosecutors, defense counsel and judges should be aware that the new legislation, which was tweaked a bit in the recent budget bill, also creates a number of new crimes, upgrades certain existing crimes, and enhances the criminal penalties for other conduct. Most of these changes were effective on March 16, 2013.1
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