The new crime for selling a semiautomatic rifle to someone who does not possess a license is written in strange way to make it clear that even if the seller thought that the buyer had a license the seller would still be guilty if the buyer did not actually have the license. In addition, it will be a class “E” Felony to sell a semiautomatic rifle to an unlicensed person. It will be a class “A” misdemeanor to purchase or obtain a semiautomatic rifle without the new license. This new law creates two new crimes under the penal law. The new licenses require recertification every five years. The new licenses appear to be issued by the same licensing officers using the same criteria as license for handguns and is almost certain to back up and slow down the already overwhelmed system for obtaining handgun licenses. Rather, the new law makes it a crime to purchase or obtain a new semiautomatic rifle without having the new type of license. The new law does not make it a crime to own or possess guns which were acquired before the effective date. Similar to licenses to carry pistols the new law says that a license to purchase a semiautomatic rifle obtained outside of New York City will not be valid inside of New York City unless a special permit giving validity is obtained from the New York City Police.
Under S.9458/A.10503 Article 400 of the Penal law was amended to create a new type of gun license called a license for a semiautomatic rifle.
Notwithstanding, that the Ninth Circuit Court of Appeals in California has already ruled a similar California ban on 18, 19 and 20 year old young adults is unconstitutional.
The intention seems to have been to prevent the purchase of rifles by 18, 19 and 20 year old individuals but the law does much more. New York’s New Type of License – Semi Automatic RiflesĪmong the new package of laws that were signed into law by Governor Kathy Hochul was the requirement to obtain a license before purchasing or acquiring a new semiautomatic rifle (other than an “ assault rifle“).
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