Assembly Calls For Legislative Action On Gun Violence Package

Assembly Calls For Legislative Action On Gun Violence Package
Before Conclusion Of Session

Silver Calls on Senate to Enact Meaningful, Reasonable Gun Safety Measures
to Protect Public Safety



Assembly Speaker Sheldon Silver and Assembly Codes Committee Chair Joseph Lentol today called for Senate action on a series of gun safety measures aimed at helping law enforcement officers track down illegal guns, keeping guns out of the hands of felons and children, and banning advanced weaponry used to kill police officers.

Additional provisions of the Assembly's comprehensive gun safety package would close several loopholes in state and federal procedures for licensing and regulating gun possession and also close mental health information loopholes.

In light of legislation advanced earlier today by Gov. David Paterson, the lawmakers said the issue of gun violence must be addressed.

"The governor has advanced measures today aimed at addressing the insidious threat of gun violence that permeates every community. From gang violence in the inner cities to domestic violence and accidental shootings in suburban and rural communities, no part of our state has been left untouched by gun violence," said Silver (D-Manhattan). "These bills, some of which have been passed by the Assembly for more than a decade, represent a sound and responsible gun-safety plan. Far too many have suffered the deadly consequences of gun violence. We must take every step possible to dry up the sources of illegal gun trafficking."

"We can get more illegal guns off our streets and save lives if the Senate will act on these critical measures. By ensuring we use technology to target law enforcement resources where they will be most effective, and by holding gun dealers accountable for their inventories, we can keep illegal guns off of the streets of New York," said Lentol (D-Brooklyn).

The following legislation has passed the Assembly this session:

Getting Vital Information on Who is Disqualified From Owning a Gun to Those Who Need That Information (A.8700-B/Lentol)
Drafted in response to lat year's rampage at Virginia Tech, Lentol sponsored a measure requiring the state Office of Mental Health (OMH) and the state Office of Mental Retardation and Developmental Disabilities (OMRDD) to each maintain a database of those individuals who have been involuntarily committed to a facility or are subject to a Kendra's Law order for outpatient treatment. Investigative officers doing background checks on people applying for a handgun license in New York would have access to this information. In cases where a defendant is found to be an incapacitated person or has been involuntarily committed to a mental health facility, the court would have the authority to revoke the defendant's firearm license, as well as require such person to turn over any weapons to law enforcement. (Passed Assembly 4/14/08)

Cracking Down on Illegal Street Gun Trafficking (A.6525-A/Paulin;S.2404-B/Schneiderman)
Noting that one percent of gun dealers account for more than half of the guns that make their way into the illegal market, Silver said it was important to enact a comprehensive program to stop illegal guns from falling into the hands of criminals through commercial gun dealers. To that end, this bill not only takes aim at illegal trafficking but also imposes penalties on legal gun dealers guilty of dumping guns into the market.

The bill, sponsored by Assemblywoman Amy Paulin (D-Scarsdale), requires stringent recordkeeping and reporting to prevent gun sales to criminals. Additionally, under the terms of the legislation, gun dealers must implement a security plan, require employee training and prevent access to guns by minors. (Passed Assembly 4/14/08)

Microstamping (A.9819-A/Schimel)
Legislation sponsored by Assemblywoman Michelle Schimel (D-Great Neck) would require that semiautomatic pistols manufactured or delivered to any licensed dealer in New York State be capable of microstamping. The bill would ensure that when a gun is fired, information identifying the make, model and serial number of the gun is stamped onto the cartridge as numbers and letters. The bill also sets fines for violations of this requirement. (Passed Assembly 4/14/08)

Banning Armor-Piercing Ammunition (A.3447/Koon;S.2002/Padavan)
This measure, sponsored by Assemblyman David Koon, would rid New York streets of deadly armor piercing ammunition and ammunition that is designed to fragment or explode upon impact. (Passed Assembly 4/14/08)

Tracking Guns Involved In Crimes (A.3451/Koon;S.3009/Robach)
Another bill included in the package would require law enforcement personnel to submit ballistic information to the new State Police Ballistic Identification Databank whenever spent bullets, shell casings or guns come into their possession. (Passed Assembly 4/14/08)

The Children's Weapon Accident Prevention Act (A.76-A/Weisenberg)
This legislation, sponsored by Assemblyman Harvey Weisenberg (D-Long Beach), seeks to protect children from accidental shootings. The bill would create five new crimes for negligently storing a firearm. Gun retailers would be required to alert consumers about the new weapons storage requirements. The state Education Department would develop a weapons safety program to teach children how to prevent weapon accidents. (Passed Assembly 4/14/08)

Childproofing Firearms (A.829/Englebright;S.7556/Sampson)
This bill, sponsored by Assemblyman Steve Englebright (D-Setauket), would reduce child-related shootings, particularly those tragedies involving children shooting children. It would make it a class A misdemeanor to sell guns without childproof features. The bill covers pistols or revolvers manufactured 12 or more months after its effective date. Design features rendering a firearm more safe could include making the weapon more difficult to fire by adjusting the trigger resistance of the gun to at least a 10-pound pull, altering the firing mechanism so that an average five-year-old child's hand would be too small to operate the gun or requiring a series of multiple motions in order to fire the gun. (Passed Assembly 4/14/08)

Disguised Guns (A.2868/Lentol;S.3868/C.Johnson)
A new trend in gun design has spawned additional legislation that expands the definition of a "disguised gun." This bill addresses guns designed and intended to appear to be a toy gun by displaying a color finish other than the original manufacture color, a decorative pattern or plastic-like surface. Any person, dealer, firm, partnership or corporation that designs or transforms a firearm to resemble a toy gun by altering or concealing the original color or surface of the gun with the purpose of selling such weapon would be guilty of a class D felony. (Passed Assembly 4/14/08)

Stopping Assault Weapons (A.7331-A/Titone)
This legislation, sponsored by Assemblyman Matthew Titone (D-Staten Island), would ban assault weapons. Seeking to address the void when President Bush and Congress allowed the federal assault weapon ban to expire, the Assembly proposal would expand the definition of assault weapon to prohibit more of these deadly guns in New York - including guns that have been modified to work like assault weapons. (Passed Assembly 4/14/08)

Banning 50-Caliber Weapons (A.2772-A/Eddington;S2411-A/Schneiderman)
Another proposal, sponsored by Assemblywoman Patricia Eddington would ban 50-caliber sniper weapons, which can disable commercial aircraft and helicopters and are powerful enough to penetrate steel plating. These dangerous weapons, which are used extensively by the United States military, can kill from over one mile away. They continue to be available for purchase in New York by anyone who can buy a rifle. A report from the nationally-renowned Violence Policy Center found that these weapons have been purchased by the Al Qaeda terrorist network and used by other domestic and international terrorist organizations. Silver noted the Assembly had sought to include a ban on these weapons in a comprehensive state anti-terrorism law passed two years ago, but the proposal was rejected by the Senate and the governor each time. Silver called attention to California's enactment of legislation banning these weapons and called on New York to do the same. (Passed Assembly 4/14/08)

"New York's gun laws will only go so far to curb gun violence so long as the patchwork of state laws across our nation continues to create loopholes that allow vast quantities of weapons to be purchased legally and transported elsewhere. The Assembly Majority is not advocating that the state take firearms away from licensed and law-abiding citizens. All we are asking for is sensible gun policies that prevent accidents and save lives," said Silver.

http://www.assembly.state.ny.us/Press/20080519/

New York's gun laws will only go so far to curb gun violence so long as the patchwork of state laws across our nation continues to create loopholes that allow vast quantities of weapons to be purchased legally and transported elsewhere