BC1
,
Luke, sorry this is so long but I wanted to get it out there as soon as I could. This is a summary. The actual bill is massive.
.
SUMMARY OF PROVISIONS:
.
Assault Weapons
.
Section 37 of the bill amends Penal Law � 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated
with military weapons. This section also adds to the list of
"features" that characterize a banned weapon.
.
Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.
.
Ammunition
.
Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten
rounds of ammunition including those that were grandfathered in under
the original assault weapons ban and creates a new ban on magazines
that hold more than seven rounds of ammunition. Magazines that can
hold more than seven rounds but not more than ten rounds and are
currently possessed will be grandfathered in, but may only contain
seven rounds of ammunition. Exceptions are made for large capacity
magazines that are curios or relics.
.
Section 39 also adds a new section to Penal Law � 265.00 to define
seller of ammunition.
.
Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law � 400.03 requiring (1) that sellers of
ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.
.
Licensing
.
Section 49 creates a new Penal Law � 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.
.
Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) � 330.20 to require the revocation of
any gun license from and the surrender of any gun by a defendant upon
an entry of a verdict of not responsible by reason of mental disease
or defect, upon the acceptance of a plea of not responsible by reason of mental
disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new
section to the CPL that requires a sentencing judge to demand
surrender of a gun license or registration and all guns possessed by
the defendant upon judgment of conviction for an offense that
requires the seizure of a gun and the revocation of a gun license or
registration. Sections 4 through 16 amend the Family Court Act, the
Domestic Relations Law and the CPL to require, under certain
circumstances, the mandatory suspension or revocation of the firearms
license of a person against whom an order of protection or a
temporary order of protection has been issued.
.
Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of
a license to an applicant, including connection of a felony or
serious offense, being presently subject to an order of protection;
and expands the criteria for denial based on an applicant's history
of mental illness.
.
Private Sales
.
Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to
the General Business Law requiring background checks to be completed
for all gun sales, except for immediate family. Thus private sellers
may transfer a gun only if the buyer has obtained a federal "NICS"
check. Further, dealers must maintain records of private sale background checks, and private
sellers may charge a fee of up to $10 on a transaction. Transfers
between immediate family members will be exempt from the requirements
of this section.
.
Safe Storage
.
To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law � 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime
punishable by a term of imprisonment exceeding one year, has been
adjudicated mentally defective or committed to a mental institution,
is subject to a court order of protection or has been convicted of a
misdemeanor crime of domestic violence whose sentence has been
completed in the last five years must, when the gun is out of the
owner's immediate control, keep the gun secured in a safe storage
depository (for example, a safe or similar secure container with a
lock that can be opened only with a key or combination, or other
locking mechanism) or render it incapable of being fired by putting a
safety lock on the gun.
.
Provisions Related to Persons with Mental Illness
.
Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating
is likely to engage in conduct that will cause serious harm to
him- or herself or others. A good faith decision about whether to report
will not be a basis for any criminal or civil liability. When a
Section 9.46 report is made, the Division of Criminal Justice
Services will determine whether the person possesses a firearms
license and, if so, will notify the appropriate local licensing
official, who must suspend the license. The person's firearms will
then be removed.
.
The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment with a state
prisoner is being discharged to the community from and OHM hospital.
.
New and Enhanced Criminal Penalties
.
Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and
aggravated murder. The mandatory penalty for a conviction of
aggravated murder is life without parole.
.
A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the
issue of "straw purchasers" where individuals who are not prohibited
by law to purchase weapons do so for others, for example, gang
members who may not possess a weapon because of a prior conviction or
other disability under law.
.
Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory
minimum sentence for these new Class D felonies is a three and
one-half year determinate sentence, although the court may consider
mitigating factors and impose a lesser sentence in some limited
circumstances involving drug trafficking.
.
Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under � 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.
.
Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.
.
Section 43 amends Penal Law � 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.
.
Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons at least one of whom is not authorized pursuant to law to possess
such firearm.
.
Safer Schools
.
The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis.
Section 3602 of the Education Law is amended to allow school districts
that purchase various security devices included in their School
Safety Plans to receive state building aid reimbursement at a rate
ten percent higher than their current building aid ratio. Section 55
is the severability clause, and Section 56 establishes the effective
date.
.
EXISTING LAW:
.
This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the
Laws of 2010), the Mental Hygiene Law, the Penal Law, and the
Surrogates Court Act.
.
STATEMENT IN SUPPORT:
.
In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.
.
While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.
.
Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of
guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.
.
Ammunition
.
The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines
that can contain more than seven rounds will only be permitted to
maintain up to seven rounds in such magazines.
.
The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the
buyer is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.
.
In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.
.
Licensing
.
Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.
.
In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit
regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and
mental illnesses that bar gun ownership and licensing) as well as
against other databases such as death records to ensure that New
York's license records are up to date.
.
Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court
Act to conform to the 2007 amendments made to the CPL.
.
Private Gun Sales
.
Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales,
ensuring that otherwise disqualified individuals cannot circumvent
the law by obtaining guns buying from a private seller.
.
Safe Storage
.
To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.
.
Persons with Mental Illness
.
This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health professionals would pose a danger to themselves or others should they possess guns. The bill also extends and expands Kendra's Law to provide additional out-patient treatment services to persons with mental illness.
.
New and Enhanced Criminal Penalties
.
The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our
communities, giving law enforcement better tools to punish and deter
such conduct. As the presence of illegal guns on our streets
endangers the welfare of entire communities, these provisions ensure
appropriate penalties for making guns available to prohibited
persons, as well as putting our children at risk by, among other
dangerous and illegal activities, possessing guns near school
grounds. In addition, recognizing the widespread violence caused by
gang activity, the bill establishes penalties for participation in
gang activity resulting in the commission of a violent crime.
.
The bill also contains new provisions acknowledging the danger that
our first responders face every day as they protect other New Yorkers by
establishing an enhanced penalty for knowingly causing the death of a first responder in the course of his or her duties.
.
SUMMARY OF PROVISIONS:
.
Assault Weapons
.
Section 37 of the bill amends Penal Law � 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated
with military weapons. This section also adds to the list of
"features" that characterize a banned weapon.
.
Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.
.
Ammunition
.
Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten
rounds of ammunition including those that were grandfathered in under
the original assault weapons ban and creates a new ban on magazines
that hold more than seven rounds of ammunition. Magazines that can
hold more than seven rounds but not more than ten rounds and are
currently possessed will be grandfathered in, but may only contain
seven rounds of ammunition. Exceptions are made for large capacity
magazines that are curios or relics.
.
Section 39 also adds a new section to Penal Law � 265.00 to define
seller of ammunition.
.
Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law � 400.03 requiring (1) that sellers of
ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.
.
Licensing
.
Section 49 creates a new Penal Law � 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.
.
Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) � 330.20 to require the revocation of
any gun license from and the surrender of any gun by a defendant upon
an entry of a verdict of not responsible by reason of mental disease
or defect, upon the acceptance of a plea of not responsible by reason of mental
disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new
section to the CPL that requires a sentencing judge to demand
surrender of a gun license or registration and all guns possessed by
the defendant upon judgment of conviction for an offense that
requires the seizure of a gun and the revocation of a gun license or
registration. Sections 4 through 16 amend the Family Court Act, the
Domestic Relations Law and the CPL to require, under certain
circumstances, the mandatory suspension or revocation of the firearms
license of a person against whom an order of protection or a
temporary order of protection has been issued.
.
Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of
a license to an applicant, including connection of a felony or
serious offense, being presently subject to an order of protection;
and expands the criteria for denial based on an applicant's history
of mental illness.
.
Private Sales
.
Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to
the General Business Law requiring background checks to be completed
for all gun sales, except for immediate family. Thus private sellers
may transfer a gun only if the buyer has obtained a federal "NICS"
check. Further, dealers must maintain records of private sale background checks, and private
sellers may charge a fee of up to $10 on a transaction. Transfers
between immediate family members will be exempt from the requirements
of this section.
.
Safe Storage
.
To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law � 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime
punishable by a term of imprisonment exceeding one year, has been
adjudicated mentally defective or committed to a mental institution,
is subject to a court order of protection or has been convicted of a
misdemeanor crime of domestic violence whose sentence has been
completed in the last five years must, when the gun is out of the
owner's immediate control, keep the gun secured in a safe storage
depository (for example, a safe or similar secure container with a
lock that can be opened only with a key or combination, or other
locking mechanism) or render it incapable of being fired by putting a
safety lock on the gun.
.
Provisions Related to Persons with Mental Illness
.
Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating
is likely to engage in conduct that will cause serious harm to
him- or herself or others. A good faith decision about whether to report
will not be a basis for any criminal or civil liability. When a
Section 9.46 report is made, the Division of Criminal Justice
Services will determine whether the person possesses a firearms
license and, if so, will notify the appropriate local licensing
official, who must suspend the license. The person's firearms will
then be removed.
.
The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment with a state
prisoner is being discharged to the community from and OHM hospital.
.
New and Enhanced Criminal Penalties
.
Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and
aggravated murder. The mandatory penalty for a conviction of
aggravated murder is life without parole.
.
A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the
issue of "straw purchasers" where individuals who are not prohibited
by law to purchase weapons do so for others, for example, gang
members who may not possess a weapon because of a prior conviction or
other disability under law.
.
Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory
minimum sentence for these new Class D felonies is a three and
one-half year determinate sentence, although the court may consider
mitigating factors and impose a lesser sentence in some limited
circumstances involving drug trafficking.
.
Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under � 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.
.
Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.
.
Section 43 amends Penal Law � 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.
.
Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons at least one of whom is not authorized pursuant to law to possess
such firearm.
.
Safer Schools
.
The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis.
Section 3602 of the Education Law is amended to allow school districts
that purchase various security devices included in their School
Safety Plans to receive state building aid reimbursement at a rate
ten percent higher than their current building aid ratio. Section 55
is the severability clause, and Section 56 establishes the effective
date.
.
EXISTING LAW:
.
This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the
Laws of 2010), the Mental Hygiene Law, the Penal Law, and the
Surrogates Court Act.
.
STATEMENT IN SUPPORT:
.
In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.
.
While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.
.
Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of
guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.
.
Ammunition
.
The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines
that can contain more than seven rounds will only be permitted to
maintain up to seven rounds in such magazines.
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The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the
buyer is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.
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In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.
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Licensing
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Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.
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In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit
regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and
mental illnesses that bar gun ownership and licensing) as well as
against other databases such as death records to ensure that New
York's license records are up to date.
.
Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court
Act to conform to the 2007 amendments made to the CPL.
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Private Gun Sales
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Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales,
ensuring that otherwise disqualified individuals cannot circumvent
the law by obtaining guns buying from a private seller.
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Safe Storage
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To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.
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Persons with Mental Illness
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This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health professionals would pose a danger to themselves or others should they possess guns. The bill also extends and expands Kendra's Law to provide additional out-patient treatment services to persons with mental illness.
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New and Enhanced Criminal Penalties
.
The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our
communities, giving law enforcement better tools to punish and deter
such conduct. As the presence of illegal guns on our streets
endangers the welfare of entire communities, these provisions ensure
appropriate penalties for making guns available to prohibited
persons, as well as putting our children at risk by, among other
dangerous and illegal activities, possessing guns near school
grounds. In addition, recognizing the widespread violence caused by
gang activity, the bill establishes penalties for participation in
gang activity resulting in the commission of a violent crime.
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The bill also contains new provisions acknowledging the danger that
our first responders face every day as they protect other New Yorkers by
establishing an enhanced penalty for knowingly causing the death of a first responder in the course of his or her duties.
