Red Flag Law and Weapon Limits in New York
Whether New York has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes (CPLR Article 63-A). Petitioners: a law enforcement agency, police officer or district attorney; 'a family or household member'; 'a school administrator'; N.Y. CPLR §§ 6340(2), 6343(3)(c)
| Red flag law | Yes (CPLR Article 63-A). Petitioners: a law enforcement agency, police officer or district attorney; 'a family or household member'; 'a school administrator'; or a licensed physician, psychiatrist, psychologist, registered nurse (and other listed clinicians) 'who has treated the person against whom the order is sought in the six months immediately preceding the filing of the petition.' A final extreme risk protection order runs 'for a period of up to one year from the date of the issuance of such order' (measured from the temporary order if one was issued). Duration: https://www.nysenate.gov/legislation/laws/CVP/6343 . Source: N.Y. CPLR §§ 6340(2), 6343(3)(c) |
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| Assault weapons and magazine limits | Both. 'Assault weapon' includes 'a semiautomatic rifle that has an ability to accept a detachable magazine' and at least one listed feature (folding or telescoping stock, protruding pistol grip, thumbhole stock, second handgrip, bayonet mount, flash suppressor, muzzle brake or compensator or threaded barrel, grenade launcher), with parallel definitions for shotguns and pistols. A 'large capacity ammunition feeding device' is one that 'has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.' |
More New York gun laws
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FAQ
Does New York have a red flag law?
Yes (CPLR Article 63-A). Petitioners: a law enforcement agency, police officer or district attorney; 'a family or household member'; 'a school administrator'; or a licensed physician, psychiatrist, psychologist, registered nurse (and other listed clinicians) 'who has treated the person against whom the order is sought in the six months immediately preceding the filing of the petition.' A final extreme risk protection order runs 'for a period of up to one year from the date of the issuance of such order' (measured from the temporary order if one was issued).
Does New York ban assault weapons or high-capacity magazines?
Both. 'Assault weapon' includes 'a semiautomatic rifle that has an ability to accept a detachable magazine' and at least one listed feature (folding or telescoping stock, protruding pistol grip, thumbhole stock, second handgrip, bayonet mount, flash suppressor, muzzle brake or compensator or threaded barrel, grenade launcher), with parallel definitions for shotguns and pistols. A 'large capacity ammunition feeding device' is one that 'has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.'
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.