Explore The NRA Universe Of Websites

APPEARS IN News

Fake News on Gun Confiscation

Friday, December 22, 2017

Fake News on Gun Confiscation

A member of the group New Yorkers Against Gun Violence (NYAGV) recently penned a newspaper opinion piece on the upcoming deadline for recertifying handgun licenses in New York State. Titled, “Gun recertification a step for safety, not confiscation,” the writer ridicules New York State handgun owners as being “‘up in arms’ again over the fact that they have to recertify” their eligibility to possess a handgun. For “too many gun owners,” he adds, “any gun safety legislation is wrong, viewed as the camel’s nose in the tent of gun confiscation.” He concludes by expressing his disgust at what he calls “…the mindless fealty to the NRA and its affiliates’ spin that all gun laws are unconstitutional and will lead to confiscation. There are 300 million guns in our country; do the math. No one is coming for your guns.” 

Every person is entitled to his or her own opinion, of course, but facts are a different matter. 

The passage of New York’s so-called SAFE Act (“Secure Ammunition and Firearms Enforcement Act of 2013”) drastically changed the landscape for lawful gun owners in the Empire State. Besides new restrictions on commonly owned semi-automatic rifles the state calls “assault weapons,” bans on magazines, and limits on the number of rounds that could be loaded into a gun, the Act imposed a requirement that handgun license holders be “recertified” every five years, with all licensees completing the initial recertification by January 31, 2018. The recertification form requires that the licensee disclose his or her “name, date of birth, gender, race, residential address, social security number, [and] firearms possessed by such license holder,” along with the listed identifying details (make, model, caliber, and serial number). (“Firearm” under the applicable New York law means a handgun or other gun of a size which may be concealed upon the person.) 

A failure to recertify operates as an automatic revocation of the license. Possession of a “firearm” without a valid license is a criminal offense, and the revocation makes the person ineligible to apply for or renew a license. Once a license is revoked, state law mandates that every gun owned or possessed by the licensee be “surrendered” to a law enforcement agency. A New York State Police field guide on the SAFE Act, prepared by attorneys for the Division of State Police, unequivocally instructs officers that when “a licensee becomes ineligible to hold a pistol permit, the Safe Act requires the person to surrender all firearms to police, including all rifles and shotguns for which no license or registration is required.” (Emphasis in the original.) 

Should the person fail to comply by turning in every gun, the SAFE Act (codified as NY Penal Law § 400.00(11)(c)) not only authorizes but requires that police officers confiscate such property: the guns “shall be removed and declared a nuisance and any police officer or peace officer acting pursuant to his or her special duties is authorized to remove any and all such weapons.”

Once the gun is deemed a “nuisance,” the owner loses the ability to reclaim or legally transfer it. State law directs that nuisance guns be destroyed without the need for a court order or other judicial proceedings, and courts have confirmed that a person has no “legitimate possessory interest” in firearms for which he or she has no license.   

The policy of recertification is clear: licensees who fail to comply – by inadvertently missing the deadline, for example – face having all guns, and not just the firearms covered by the license, permanently confiscated by law enforcement officers. Far from being overblown hyperbole, describing the recertification law as “the camel’s nose in the tent of gun confiscation” is not only accurate but arguably, an unduly benign portrayal of a grossly disproportionate regime to enforce recertification through mandatory surrender, police seizure, and destruction of otherwise legal property.       

Even assuming that license recertification is “a step for safety,” as the NYAGV member claims, it’s not clear how much less secure or safe residents would be if the recertification process included, instead, a grace period for late compliance or imposed a penalty fee for licensees who miss the deadlines but are eligible to recertify. Felons and other criminals are notoriously unlikely to obey gun licensing rules, and state law already makes any weapon that is used in the commission of a crime or that is unlawfully possessed a “nuisance” weapon. Judging from statistics from the New York State Division of Criminal Justice Services (Nov. 2017) on “firearm activity” (based on reports from police agencies across the state), New York residents aren’t significantly more safe since the 2013 gun control legislation was imposed. The total figures for 2016 for “shooting incidents involving injury” and “shooting victims (persons hit)” exceed the totals listed in each of the previous seven years; the 2016 figure for “individuals killed by gun violence” shows a just under ten percent increase as compared to the five-year average prior to 2016.  

In the same way that anti-gun advocates consistently seek to disguise restrictive gun control measures under the veneer of “common sense,” “gun safety,” or “gun law reform,” they aim to influence public opinion towards “strengthening” gun laws by dismissing opposition to such laws by ordinary, informed Americans as the “mindless” nattering of a handful of extremists.   

As for New Yorkers Against Gun Violence, the group’s own website proclaims that “NYAGV was instrumental in the passage of the NY SAFE Act in 2013.” That being the case, we may be excused for dismissing the article as no more than a stakeholder’s spin, aimed at securing public buy-in for a gun control law that extinguishes rights in the name of “public safety.”     

 

IN THIS ARTICLE
New York SAFE Act
TRENDING NOW
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.