Our elected officials thought that they could pull a fast one by narrowly defining a rifle as an assault weapon based on it's characteristics.

The State Police are trying desperately to undo the damage caused by our legislators since the original Federal Assault Weapon ban of 1994, left no wiggle room and had no gray area as to what was an assault weapon.

Citizens of New York, the State Police can not change the law. They can not interpret the law. They can not render a legal opinion. They can not define what they think an assault weapon is. They can not use strong arm tactics against law abiding citizens.

They can only enforce the law as it is written.

The New York SAFE Act Definition of an Assault Weapon

EXPLANATION -- Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

The  People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 37. Subdivision 22 of section 265.00 of the penal law, as  added  by
      chapter 189 of the laws of 2000, is amended to read as follows:

      22.  "Assault  weapon"  means

a  semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:

    (i)    a folding or telescoping stock;
    (ii)   a pistol grip that protrudes conspicuously beneath the action  of the weapon;
    (iii)  a thumbhole stock;
    (iv)  a  second  handgrip or a protruding grip that can be held by the non-trigger hand;
    (v)   a bayonet mount;
    (vi)  a flash suppressor, muzzle break, muzzle compensator, or threaded
           barrel designed to accommodate a  flash  suppressor,  muzzle  break,  or
           muzzle compensator;
    (vii)  a grenade launcher;

The Federal Assault Weapon Ban of 1994 Definition

22.  "Assault  weapon"  means  

     (a)  a semiautomatic rifle that has an
        ability to accept a detachable magazine and has  at  least  two  of  the
        following characteristics:
          (i) a folding or telescoping stock;
          (ii)  a pistol grip that protrudes conspicuously beneath the action of
          the weapon;
          (iii) a bayonet mount;
          (iv) a flash suppressor or threaded barrel designed to  accommodate  a
          flash suppressor;
          (v) a grenade launcher; or

     (b)  a  semiautomatic  shotgun  that has at least two of the following
        characteristics:
          (i) a folding or telescoping stock;
          (ii) a pistol grip that protrudes conspicuously beneath the action  of
          the weapon;
          (iii) a fixed magazine capacity in excess of five rounds;
          (iv) an ability to accept a detachable magazine; or

     (c)  a semiautomatic pistol that has an ability to accept a detachable
        magazine and has at least two of the following characteristics:
          (i) an ammunition magazine that attaches to the pistol outside of  the
          pistol grip;
          (ii)  a  threaded barrel capable of accepting a barrel extender, flash
          suppressor, forward handgrip, or silencer;
          (iii) a shroud that is attached to, or partially or completely  encir-
          cles,  the  barrel and that permits the shooter to hold the firearm with
          the nontrigger hand without being burned;
          (iv) a manufactured weight of fifty ounces or more when the pistol  is
          unloaded;
          (v) a semiautomatic version of an automatic rifle, shotgun or firearm;or
          
     (d)  any  of  the  weapons, or functioning frames or receivers of such
         weapons, or copies or duplicates of such weapons, in any caliber,  known
         as:
           (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
               models);
           (ii) Action Arms Israeli Military Industries UZI and Galil;
           (iii) Beretta Ar70 (SC-70);
           (iv) Colt AR-15;
           (v) Fabrique National FN/FAL, FN/LAR, and FNC;
           (vi) SWD M-10, M-11, M-11/9, and M-12;
           (vii) Steyr AUG;
           (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
           (ix)  revolving  cylinder shotguns, such as (or similar to) the Street
                 Sweeper and Striker 12;