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Nearly 1,000 people have been charged with crimes under the NY Safe Act; most of those crimes pre-date the new gun laws but were changed from misdemeanor-level offenses to felonies. File photo, March 2013.

(David Lassman | dlassman@syracuse.com)

Syracuse, N.Y. -Nearly 1,000 people have been charged under the NY Safe Act in the eight months since the tougher gun control law was passed, according to the state's Division of Criminal Justice Services.

Nearly 90 percent were accused of a crime that pre-dates the new act - including having a sawed-off long gun or an unregistered pistol - but was elevated to a felony when the Safe Act went on the books Jan. 15.

The arrests dealing with the more controversial portions of the Safe Act, including possession of a large capacity magazine or a newly defined "assault weapon," are far fewer. And it's unclear whether some of those charges will actually stick, in part because gun owners still have time to register or get rid of certain guns and large-capacity magazines.

Take, for example, possession of a magazine that holds more than 10 rounds.

Across the state, 20 people have been charged with this misdemeanor, according to data The Post-Standard and Syracuse Media Group requested from DCJS. That includes three people in Onondaga County, according to the stats.

But the New York State Police advises its troopers that this change in the law isn't actually enforceable until Jan. 15. Dan Feldman, a former state lawmaker who now teaches at John Jay College of Criminal Justice, agrees.

Others interpret that part of the law differently. Certain large capacity magazines are now unlawful under the Safe Act, though owners have until Jan. 15 to get rid of them. And, people caught with a large magazine can have an extra 30 days to get rid of it to avoid the misdemeanor.

But, Onondaga County Chief Assistant District Attorney Joseph Coolican added: "That doesn't mean that if I'm caught with one (now), I can't be charged," he said this week.

It's not unusual for law enforcement agencies to have differing views or interpretations of new crimes. "If there's a complex law, it's reasonable to think that," Feldman said.

The NY Safe Act passed in early January in the wake of the Sandy Hook Elementary School shootings in Newtown, Conn. At the time, supporters of the new laws praised the changes as among the toughest gun restrictions in the nation.

The act changed or added to at least 15 different facets of state law, according to the New York State Police's guide to its troopers.

The act famously banned "assault weapons," semi-automatic guns with a detachable magazine that have extra components such as a pistol grip, flash suppressor or folding stock. People who owned these guns before Gov. Andrew Cuomo signed the act on Jan. 14 have until April 15, 2014 to register them with the state.

Still, seven people have been charged with failing to register their assault weapons, according to the DCJS stats, another contradiction between the law and its implementation throughout the state.

Police departments, sheriff's deputies and district attorneys across the state report arrests and arraignments to DCJS. The division collects the numbers of charges and ultimate dispositions but not the details about each case.

From March to Oct. 22, 981 people were charged with new provisions under the Safe Act:

864 were charged with criminal possession of a firearm, a new felony that includes having a gun with a shortened barrel or an unregistered pistol. Before the Safe Act, this behavior was a misdemeanor charge called fourth-degree criminal possession of a weapon, which is still on the books.

33 were charged with having more than seven bullets inside a 10-round magazine, a violation that is the equivalent of a traffic ticket. First-time offenders face a $200 fine.

21 were charged with criminal possession of a weapon on school grounds, a new felony.

20 were charged with unlawful possession of a large capacity ammunition feeding device, a misdemeanor.

15 were charged with aggravated criminal possession of a weapon, a felony charged when a person has a loaded firearm while committing a violent or drug trafficking felony.

12 were charged with criminal purchase or disposal of a weapon - also called straw purchases. The Safe Act elevated an existing law banning sales of a firearms, rifles or shotguns to a disqualified gun owner from a misdemeanor to a felony.

7 people were charged with the felony of possession of an unloaded firearm during a violent felony or drug trafficking felony.

7 people were charged with failing to register an assault weapon, a requirement that doesn't go into effect until next year.

1 person was charged with failing to safety store a rifle, shotgun or firearm when another resident in the home is prohibited from possessing a firearm. This is a misdemeanor.

1 person was charged with unlawful transfer or a previously lawful assault weapons or large-capacity magazine, a misdemeanor.

Contact Teri Weaver at tweaver@syracuse.com, 315-470-2274 or on Twitter at @TeriKWeaver.