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NY SAFE Act : ウィキペディア英語版
NY SAFE Act

The New York Secure Ammunition and Firearms Enforcement Act of 2013 commonly known as the NY SAFE Act is a gun regulation law in the state of New York. The law passed by the New York State Legislature on January 15, 2013, in the middle of the night under a "message of necessity", bypassing the state's 3 day required review period 〔(【引用サイトリンク】website=NYS Senate "How A Bill Becomes Law" )〕 and was signed into law by Governor of New York Andrew Cuomo on the next day.
The legislation was written in response to the Sandy Hook Elementary School shooting in Newtown, Connecticut. It was sponsored by State Senator Jeffrey Klein. It passed the New York State Senate on Monday, January 14, and the State Assembly on Tuesday, January 15. Governor Andrew Cuomo signed the bill into law half an hour after it passed the legislature. Cuomo described the law as the "toughest" gun control law in the United States.〔
The NY SAFE Act contains a number of firearms regulations, and a severability provision, in case the broad prohibitions against weapons are invalidated by the courts.
==Provisions==
The NY SAFE Act includes the following provisions:〔(New York passes major gun control law -- first since Newtown massacre ) - NBCNews.com, January 15, 2013〕
* Bans possession of any "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for all magazines is 10 rounds. .22 caliber tubular magazines are exempt from this limit. Previously legal "pre-1994-ban" magazines with a capacity of 30 rounds are not exempt, and must be sold within one year to an out-of-state resident or turned in to local authorities. The magazine limit took effect April 15, 2013.〔(Confusion sets in for gun dealers after NY SAFE Act is enacted ) - Poststar.com, January 19, 2013〕〔(Magazine limit, gun registration period to begin Monday ) - Democratandchronicle.com, April 13, 2013〕 Originally the law allowed only seven rounds to be loaded into a magazine, but this provision was struck down by a federal judge on December 21, 2013.〔Kaplan, Thomas (December 31, 2013). ("Federal Judge Upholds Majority of New York Gun Law" ), ''New York Times''. Retrieved December 31, 2013.〕
* Ammunition dealers are required to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup. Ammunition background checks were scheduled to begin January 15, 2014, but were put on hold indefinitely because the required "seamless" technology that would not inconvenience vendors or customers could not be put in place. The superintendent of state police, charged with creating such technology, is working on development, but a release date is still unknown.〔http://bearingarms.com/ny-safe-act-ammo-purchase-background-check-indefinitely-delayed-to-avoid-pulling-an-obamacare/〕 So while out-of-state vendors are required to ship ammunition to a NYS licensed dealer, the buyer can still pick it up with no check of any kind required, or walk into any registered ammunition dealer (now required under the act to sell ammunition) and buy ammunition providing he/she is over 18.
* Requires creation of a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state. Registration began on April 15, 2013 and must have been completed before April 15, 2014.〔
* Requires designated mental health professionals who believe a mental health patient made a credible threat of harming others to report the threat to a mental health director, who would then have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.
* Stolen guns are required to be reported within 24 hours. Failure to report can result in a misdemeanor.
* Broadens definition of "assault weapon" from two identified features to one. The sale and/or transfer of newly defined assault weapons is banned within the state, although sales out of state are permitted. Possession of the newly defined assault weapons is allowed only if they were possessed at the time that the law was passed, and must be registered with the state within one year.
* Requires background checks for all gun sales, including by private sellers - except for sales to members of the seller's immediate family. Private sale background checks began March 15, 2013.〔
* Guns must be "safely stored" from any household member who has been convicted of a felony or domestic violence crime, has been involuntarily committed, or is currently under an order of protection.〔 Unsafe storage of assault weapons is a misdemeanor.
* Mandates that all purchases of firearms go through a licensed firearm dealer(FFL), unless it is an exempted transfer between family members
* Increases sentences for gun crimes, including upgrading the offense for taking a gun on school property from a misdemeanor to a felony.〔
* The state Penal Law section on aggravated murder was amended to increase penalties for murdering a first responder (the "Webster" provision) to life in prison without parole.〔N.Y. Penal Law § 125.26 (1) (ii-a), found at (New York State government website ), retrieved September 17, 2014.〕
* Limits the state records law to protect handgun owners from being identified publicly. However, existing permit holders have to opt into this provision by filing a form within 120 days of the law's enactment. There also may exist issues with respect to "registered" owners in the new regulations vs "permit" holders under previous law.
* Requires pistol permit holders or owners of registered assault weapons to have them renewed at least every five years.
* Allows law enforcement officials to seize regulated types of firearms from an individual, provided the individual has been certified by a medical professional to be too mentally unstable to safely possess "spray" firearms, shotguns, or rifles.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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