text size SAFE Act: Missing The Mark?

Updated: Thursday, April 30 2015, 11:29 PM EDT

East Rochester, N.Y. – After the New York SAFE Act took effect on April 15, 2013, gun shops across state stopped selling gun magazines that hold more than ten rounds.

Beikirch’s in East Rochester cleared its shelves of these high-capacity magazines.

But at Beikirch’s Pennsylvania store, high-capacity magazines are both sold and bought.

Beikirch’s owner, Hans Farnung, says he does have New Yorkers come in looking to unload their now-illegal magazines.

“We see quite a bit on the rifle end…not as much on the handgun end,” Farnung said.

Selling high-capacity magazines out of state is one way people can comply with the SAFE Act, but when we checked with several Pennsylvania gun shops, all of them told 13WHAM the number of New Yorkers looking to sell is noticeably low.

“I think they’re putting them away and hoping the Safe Act will be overturned and things will go back the way it was,” Farnung said.

Another option for gun owners is to turn the magazines over to police.

Law enforcement agencies 13WHAM spoke with say that is not happening.

“My guess is there are probably a ton of magazines out there that would be considered non-compliant in New York State,” said Chemung County Sheriff Christopher Moss.

Proving that is nearly impossible because people could be selling their magazines online to people in other states.

They could also be modifying them, which is an option provided in the Safe Act.

“It should be a permanent fix to the magazine,” Moss said. “But I haven’t seen any permanently-modified magazines by Chemung County residents.”

Former State Senator Ted O’Brien, a Democrat, voted for the Safe Act.

He reacted to the possibility many New Yorkers who own high-capacity magazines are not listening to the law.

“My friends who are gun owners in almost every instance don’t have high-capacity magazines, but to the extent that people do have them if they’re not turning them, I think that’s a problem,” O’Brien said.

The New York State Police provided this statement:

“When SAFE Act was enacted, there were a number of ways that gun owners could lawfully dispose of these magazines including being sold out of state, sold online, modified, or destroyed. Keeping a high capacity magazine is a crime and the vast majority of gun owners are responsible and would not want to do anything to jeopardize their ability to own a gun.”

If caught with a high-capacity magazine, New Yorkers have 30 days to get rid of it or permanently modify it without consequence.

If they do neither, they could face a misdemeanor charge.

Also, the high-capacity magazines that became illegal in New York in 2013 were manufactured before 1994.

All high-capacity magazines made from 1994 on were illegal in New York prior to the Safe Act.

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2 Timothy 3:1-4 “But know this, that in the last days perilous times will come: 2 For men will be lovers of themselves, lovers of money, boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, 3 unloving, unforgiving, slanderers, without self-control, brutal, despisers of good, 4 traitors, headstrong, haughty, lovers of pleasure rather than lovers of God, 5 having a form of godliness but denying its power.”
10 Finally, my brethren, be strong in the Lord, and in the power of his might .11 Put on the whole armour of God, that ye may be able to stand against the wiles of the devil. 12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. 13 Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand. 14 Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness; 15 And your feet shod with the preparation of the gospel of peace; 16 Above all, taking the shield of faith, wherewith ye shall be able to quench all the fiery darts of the wicked. 17 And take the helmet of salvation, and the sword of the Spirit, which is the word of God: 18 Praying always with all prayer and supplication in the Spirit, and watching thereunto with all perseverance and supplication for all saints; but against the rulers, against the authorities, against the cosmic powers over this present darkness, against the spiritual forces of evil in the heavenly places.


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