New Crimes Created by the New York State SAFE Act

A number of new crimes were created with the passage of the SAFE (Secure Ammunition and Firearms Enforcement Act) when it was passed by the New York State Legislature and signed into law by Gov. Andrew Cuomo.

Criminal possession of a firearm: (P.L. § 265.01-b) – makes it a class “E” felony for anyone to possess a firearm where they know is not registered pursuant to the state’s firearm registration requirements.

Aggravated criminal possession of a weapon: (P.L. § 265.19) – makes it a class “C” felony for a person to commit the crime of criminal possession of a weapon in the second degree while, at the same time, committing a violent felony offense (defined by statute) or a drug trafficking felony (defined by statute).

Aggravated Enterprise Corruption: (P.L. § 460.22) — makes it a class “A-I” felony to commit the crime of enterprise corruption where two or more of the acts are class B felonies and at least two acts are armed felonies.

Safe storage of rifles, shotguns and firearms: (P.L. § 265.45) — makes it a class “A” misdemeanor for someone that resides with a person prohibited from possessing firearms to fail to securely lock said firearms or render them incapable of firing so as to prevent an unauthorized person from obtaining access to said firearms.

Unlawful possession of a large capacity ammunition feeding device: (P.L. § 265.36) (declared partially unconstitutional by NYS Rifle & Pistol Association v. Cuomo) makes it a class A misdemeanor to knowingly possess a large capacity ammunition feeding device manufactured before September 13, 1994.

“Mark’s Law”: (P.L. § 125.26) – creates a new category for aggravated murder where the victim is a first responder; and adding it as a category of first degree murder.

In addition to these newly created crimes, a number of existing criminal offenses have been enhanced or modified.