The Poynter Institute Menu Donate State Editions * California * Florida * Iowa * Michigan * New Hampshire * New York * North Carolina * Pennsylvania * Texas * West Virginia * Wisconsin Issues * All Issues * Online hoaxes * Coronavirus * Health Care * Immigration * Extremism * Taxes * Marijuana * Environment * Crime * Guns * Foreign Policy * LGBTQ+ People * Joe Biden * Kamala Harris * Donald Trump * Mitch McConnell * Hakeem Jeffries * Ron DeSantis Media * PunditFact * Tucker Carlson * Sean Hannity * Rachel Maddow * Bloggers * PolitiFact Videos Campaigns * 2024 Elections Truth-o-Meter * True * Mostly True * Half True * Mostly False * False * Pants on Fire Promises * Biden Promise Tracker * Trump-O-Meter * Obameter * Latest Promises About Us * Our Process * Our Staff * En Español * Who pays for PolitiFact? * Advertise with Us * Suggest a Fact-check * Corrections and Updates * Newsletters Donate #### Follow us The Facts Newsletter Sign up English Español ### Get PolitiFact in your inbox. * Weekly Email Newsletter * Daily Email Newsletter Your Email Address Sign Up ![](\\" ![](\\" Marco Rubio stated on February 22, 2018 in a tweet: \"Under N.Y. State ‘Assault Weapon’ ban 1 simple cosmetic change pictured here is difference between legal & banned\" ![\\"true\\"](\\" true/3d4df195c595a07e3fd69b5e4aab3e3c.jpg.\\") ![\\"true\\"](\\" true.jpg\\") * New York * Guns * Marco Rubio ![\\"Sen.](\\" Sen. Marco Rubio, R-Florida, claimed one feature seen in the photo above makes the top rifle illegal in New York. (Courtesy: Rubio\'s Twitter account) By Dan Clark February 28, 2018 # Rubio\'s tweet about NY gun law is accurate Sen. Marco Rubio took aim at one provision of a gun law passed in New York state that he suggests can be easily circumvented. The Florida Republican posted a photo of two semi-automatic rifles. Both rifles almost look the same. But one has a pistol grip attached, so it is not legal in New York state, Rubio said. \"Under N.Y. State ‘Assault Weapon’ ban 1 simple cosmetic change pictured here is difference between legal & banned,\" Rubio’s tweet read. > Under N.Y. State “Assault Weapon” ban 1 simple cosmetic change pictured here > is difference between legal & banned.Otherwise exactly same 1/4 > pic.twitter.com/i7CFRkmHvi > > — Marco Rubio (@marcorubio) February 22, 2018 The tweet came as Rubio’s response to New York Gov. Andrew Cuomo, who said earlier in the day that Rubio \"should be ashamed of\" himself for not supporting stricter gun control legislation. During a CNN town hall the night before, Rubio signaled support for raising the age to buy a rifle or shotgun to 21 and for tighter background checks for gun purchases. Cuomo supports tougher gun-control measures, like universal background checks and a ban on military-style accessories. New York state already has a ban on some of those accessories. We wanted to know if the one on Rubio’s tweet is on that list. New York state gun laws #### Featured Fact-check ![](\\" black/4590875651af69b2c789ceab409664dd.jpg\\") ![](\\" black/72988380e8c8bd188dc360d11552e4a0.jpg\\") X posts stated on September 4, 2024 in an X post “BREAKING: Apalachee High School shooter has been identified as non-binary trans girl Samantha Hyde.” ![\\"true\\"](\\" ![\\"pants- fire\\"](\\" By Loreben Tuquero • September 5, 2024 The accessory shown in the image, called a pistol grip, has been banned on rifles in New York state since 2013. It’s one of several features banned by the New York Secure Ammunition and Firearms Enforcement Act, better known as the SAFE Act. The law, spearheaded by Cuomo, was passed a few weeks after the 2012 mass shooting at Sandy Hook Elementary School. The law banned so-called assault weapons and created a legal definition for them in New York state. The law defined them broadly as semi-automatic firearms with one or more of the features also banned by the law. There are 10 of those features for rifles. The weapon used by Adam Lanza, the shooter at Sandy Hook, is banned under state law, for example. Lanza used a semi-automatic rifle with a pistol grip and a flash suppressor — two of the features banned under the SAFE Act. But the rifle without a pistol grip pictured in Rubio’s tweet would also be subject to other gun regulations in New York state. First, anyone who wanted to buy the rifle in New York state would have to go through a background check, regardless of who they buy it from. State law would also prohibit any gun owner from attaching a magazine to the rifle that holds more than 10 rounds. Only seven other states have laws that ban large capacity magazines. Florida, where a shooter killed 17 people at Marjory Stoneman Douglas High School this month, is not one of them. Our ruling Rubio said with a photo on Twitter that \"1 simple cosmetic change pictured here is difference between legal & banned\" in New York state. That’s true. The pistol grip shown is one of the banned features for rifles under New York state\'s SAFE Act. The rifle would also be subject to other New York state regulations. We rate Rubio’s claim True. Share the Facts 2018-02-28 21:57:09 UTC PolitiFact ![\\"PolitiFact\\"](\\" logo-big.jpg\\"/) 6 1 7 ![\\"PolitiFact](\\" true.png\\") PolitiFact Rating: True \"Under N.Y. State ‘Assault Weapon’ ban 1 simple cosmetic change pictured here is difference between legal & banned\" Marco Rubio U.S. Senator ![](\\" New York Thursday, February 22, 2018 2018-02-22 Read More info #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources Tweet from Sen. Marco Rubio, Feb. 22, 2018 \"Rubio takes the heat but finds his voice during CNN gun town hall,\" CNN, Feb. 22, 2018 \"What New York State\'s new gun law says,\" Newsday, Jan. 19, 2013 \"NY Safe Act: See what makes an assault weapon illegal,\" Syracuse.com, April 29, 2014 Banned features under the NY SAFE Act Benelli MR1 Product Information page \"How They Got Their Guns,\" New York Times, Feb. 16, 2018 Bushmaster XM-15 Product Information page (Gun used in Sandy Hook shooting) \"Analysis of weapons in Sandy Hook report shows Lanza was deliberate, could have been much more deadly,\" AL.com, Nov. 25, 2013 Giffords Law Center: Large capacity magazines Phone interview with David Chipman, senior policy advisor at the Giffords Law Center to Prevent Gun Violence ## Browse the Truth-O-Meter ### More by Dan Clark ![](\\" ![](\\" Tom King stated on March 26, 2018 in a radio interview: A bill in Congress \"will ban all semi-automatic weapons, including pistols and shotguns. So, yes, they are coming to take away our guns.\" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Dan Clark • March 29, 2018 ![](\\" ![](\\" Andrew Cuomo stated on March 12, 2018 in a press conference: \"The only housing authority in the state that we have actually given money to is NYCHA.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Dan Clark • March 23, 2018 ![](\\" ![](\\" Cynthia Nixon stated on March 20, 2018 in her announcement to run for governor: \"Since taking office, Andrew Cuomo has given massive tax breaks to corporations and the super rich.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Dan Clark • March 23, 2018 ![](\\" ![](\\" Donald Trump stated on May 30, 2018 in a tweet: Rep. Dan Donovan \"voted for Tax Cuts\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Dan Clark • June 4, 2018 ![](\\" ![](\\" Christine Quinn stated on May 23, 2018 in a presentation at the State Democratic Convention: New York state has the \"second highest millionaires tax in the nation.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Dan Clark • May 31, 2018 ![](\\" ![](\\" Donald Trump stated on May 10, 2018 in a tweet: \"Senator Cryin’ Chuck Schumer fought hard against the Bad Iran Deal, even going at it with President Obama, & then Voted AGAINST it! Now he says I should not have terminated the deal\" ![\\"true\\"](\\" ![\\"true\\"](\\" By Dan Clark • May 24, 2018 ![](\\" ![](\\" Edward Cox stated on May 1, 2018 in an interview on The Capital Pressroom: Marc Molinaro \"has cut taxes, his budget now is lower than it was six years ago\" in Dutchess County ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Dan Clark • May 24, 2018 ![](\\" ![](\\" Hakeem Jeffries stated on April 29, 2018 in an interview on CNN: President Donald Trump’s budget \"threatened to cut $2 trillion from Social Security, Medicare and Medicaid\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Dan Clark • May 4, 2018 ![](\\" ![](\\" Chele Farley stated on April 23, 2018 in an interview on Capital Tonight: \"Kirsten Gillibrand has put forward 331 bills since she\'s been in Congress. Do you know how many of them have been passed into law? Zero!\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Dan Clark • May 4, 2018 ![](\\" ![](\\" James Tedisco stated on April 13, 2018 in a blog post : After the minimum wage for tipped workers was raised in Maine, the state \"reversed that decision due to restaurant employees organizing en masse against the measure.\" ![\\"true\\"](\\" ![\\"true\\"](\\" By Dan Clark • April 26, 2018 ![](\\" ![](\\" Kirsten Gillibrand stated on April 20, 2018 in a tweet: \"Black and Latino people in NYC are arrested at TEN times the rate of white people for virtually the same rate of marijuana usage.\" ![\\"true\\"](\\" ![\\"true\\"](\\" By Dan Clark • April 25, 2018 ![](\\" ![](\\" Andrew Cuomo stated on April 11, 2018 in a conversation with reporters: \"I think we\'re actually ahead\" on legalizing marijuana for recreational use in New York state. ![\\"false\\"](\\" ![\\"false\\"](\\" By Dan Clark • April 17, 2018 ![](\\" ![](\\" Marc Molinaro stated on April 2, 2018 in a conversation with reporters: New York has \"among the highest tax burdens of any state in the nation\" ![\\"true\\"](\\" ![\\"true\\"](\\" By Dan Clark • April 12, 2018 ![](\\" ![](\\" Brian Kolb stated on March 31, 2018 in a statement on the state budget: This year’s state budget \"continues to direct millions in taxpayer dollars in advertising to the failing Start-Up NY program\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Dan Clark • April 9, 2018 ![](\\" ![](\\" Cynthia Nixon stated on March 26, 2018 in a press conference: Four years after Gov. Andrew Cuomo promised universal pre-K, \"79 percent of 4-year olds outside New York City lack full-day pre-K.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Dan Clark • March 30, 2018 ![](\\" ![](\\" Tom King stated on March 26, 2018 in a radio interview: A bill in Congress \"will ban all semi-automatic weapons, including pistols and shotguns. So, yes, they are coming to take away our guns.\" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Dan Clark • March 29, 2018 ![](\\" ![](\\" Andrew Cuomo stated on March 12, 2018 in a press conference: \"The only housing authority in the state that we have actually given money to is NYCHA.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Dan Clark • March 23, 2018 ![](\\" ![](\\" Cynthia Nixon stated on March 20, 2018 in her announcement to run for governor: \"Since taking office, Andrew Cuomo has given massive tax breaks to corporations and the super rich.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Dan Clark • March 23, 2018 ![](\\" ![](\\" Donald Trump stated on May 30, 2018 in a tweet: Rep. Dan Donovan \"voted for Tax Cuts\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Dan Clark • June 4, 2018 ![](\\" ![](\\" Christine Quinn stated on May 23, 2018 in a presentation at the State Democratic Convention: New York state has the \"second highest millionaires tax in the nation.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Dan Clark • May 31, 2018 ![](\\" ![](\\" Donald Trump stated on May 10, 2018 in a tweet: \"Senator Cryin’ Chuck Schumer fought hard against the Bad Iran Deal, even going at it with President Obama, & then Voted AGAINST it! Now he says I should not have terminated the deal\" ![\\"true\\"](\\" ![\\"true\\"](\\" By Dan Clark • May 24, 2018 ### Rubio\'s tweet about NY gun law is accurate * ![](\\" ![](\\" Instagram posts stated on September 12, 2024 in an Instagram post: A video shows a body that Israel embedded with a bomb exploding during a Palestinian funeral procession. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sofia Ahmed • September 13, 2024 * ![](\\" ![](\\" Facebook posts stated on September 11, 2024 in a post: “ESPN has fired Shannon Sharpe.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Gideon Hess • September 13, 2024 * ![](\\" ![](\\" Instagram posts stated on September 12, 2024 in an Instagram post: Former President Donald Trump admitted during the Sept. 10 presidential debate that he “blew up the Nord Stream pipeline.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Loreben Tuquero • September 13, 2024 * ![](\\" ![](\\" Facebook posts stated on September 10, 2024 in a Facebook post: Patron, Don Julio and Pink Whitney tequila recalled because they contained fecal matter. ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 13, 2024 * ![](\\" ![](\\" Elissa Slotkin stated on September 11, 2024 in a TV ad: Mike Rogers supported “laws that could eliminate IVF and birth control.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Caleb McCullough • September 13, 2024 * ![](\\" ![](\\" Instagram posts stated on September 11, 2024 in an Instagram post: \"Debate moderators made the false claim to Donald Trump that there is nowhere in the United States where abortion is legal up until birth.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 13, 2024 * ![](\\" ![](\\" Facebook posts stated on September 12, 2024 in a Facebook post: ABC News fired presidential debate moderators David Muir and Linsey Davis. ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Sofia Ahmed • September 13, 2024 * ![](\\" ![](\\" Yes on 4 stated on September 10, 2024 in a TV ad: Florida’s six-week abortion law has “no real exceptions. Not for her health. Not even for rape.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Samantha Putterman • September 13, 2024 * ![](\\" ![](\\" Facebook posts stated on September 11, 2024 in una publicación en Facebook: Imagen muestra carnet del Partido Comunista de la vicepresidenta Kamala Harris. ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Maria Briceño • September 13, 2024 * ![](\\" ![](\\" Sam Brown stated on August 28, 2024 in a campaign appearance: Proposed Nevada constitutional amendment to protect abortion rights would put “essentially no limit on access to abortion.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Caleb McCullough • September 13, 2024 Load more ### Support independent fact-checking. Become a member! In a world of wild talk and fake news, help us stand up for the facts. 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Under NY State Assault Weapon’ ban 1 simple cosmetic change pictured here is difference between legal banned