Early in January 2013 the New York State Legislature enacted a package of gun control legislation in response to the horrors of the Newtown, Conn., massacre. This act has commonly been referred to as the New York SAFE Act (Secure Ammunition and Firearms Enforcement Act).1 The act is a major revision of New York gun laws particularly the reinstitution of the expired federal “assault weapon ban” in New York. The federal assault weapon ban was enacted in 1994 and expired on Sept. 13, 2004.
This statute has important provisions for regulation of weapons owned by a decedent which must be disposed of by his fiduciary after death and also weapons that are specifically bequeathed under a decedent’s will. Aside from the assault weapon ban, regulation of the sale and purchase of ammunition, the possession of certain magazines and ammunition feeding devices, safe storage requirement and possession of weapons and/or ammunition by persons with mental health issues, all impact a fiduciary who possesses and must dispose of these weapons.
