Summary Of New NYS Gun Laws - Bill S.2230 - Enacted Today
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Summary Of New NYS Gun Laws - Bill S.2230 - Enacted Today

This is a discussion on Summary Of New NYS Gun Laws - Bill S.2230 - Enacted Today within the New York Discussion and Firearm News forums, part of the Firearms Discussion by State category; Luke, sorry this is so long but I wanted to get it out there as soon as I could. This ...

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    Default Summary Of New NYS Gun Laws - Bill S.2230 - Enacted Today

    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.
    GOD, GUNS and GUITARS

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    Sounds like all of this violates the 2nd Amendment, NY will never make another dime off of me.

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    They have went full retard....
    Never go full retard
    If it doesn't fit, FORCE it! If it breaks then it needed to be replaced anyway.


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    Quote Originally Posted by Nightmare45 View Post
    Sounds like all of this violates the 2nd Amendment, NY will never make another dime off of me.
    Now why would you further punish a NY resident who just got his hat handed to him? Not doing business with a merchant in NY who had nothing to do with this is wrong. Not that most would care, but seriously. Every NYS resident just got crapped-on and there isn't a damn thing anyone could do about it. It was a bipartisan vote. NO choice in ANY election matters anymore. Sorry to say this is coming to a number of states very quickly. Funny, I can still sit in the local pub armed and have a beer. They missed that one.
    GOD, GUNS and GUITARS

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    Gee, I am dissapointed. Not even a half-hearted kiss first. Even if you only like me for my (taxes) money. So, hypothetically, if, as a law abiding citizen, I run down to my local state police barracks and register my "Assault" weapon, do they now have probable cause to get a search warrant issued based upon I own an "Assault" weapon, to come search my home for banned magazines or too many rounds in one of my "Grandfathered" magazines?? HMMMM, I wonder where this will go. It is only the beginning my dear.

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    Default Summary Of New NYS Gun Laws - Bill S.2230 - Enacted Today

    I can't wait until the shooting starts.
    You knock on my motherf'n door to confiscate my LEAGAL weapons and I swear to Christ that you'll get the bullets first!!
    This is the largest infringement of the second amendment that I have ever seen.

    If this isn't met with civil disorder and MASS RIOTING then we are already extinct!

    (I am not saying that I advocate the above only that I expect the above.)
    I am now just ONE STEP shy of the dark side, although i do visit it frequently!

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    NY sucks in so many ways, but this is surely near the top.

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    Not one of these new laws would have stopped the Newtown shooting. Not one. The criminal does not care about the law.

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    How many other states require concealed carry licensing renewal every 5 years or less? Texas?

    I have no issue with the portions of the law directed toward keeping crazy people from possessing weapons or having access to weapons.

    The portions of the law directed towards types of weapons fail the rational test.

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    I tried to read the law and it made my head hurt...when will it be available in english? Does this mean that a glock 19 will be illegal after a year or can it just be loaded with only 7 rounds indefinately??? I have seen it printed both ways...NRA website says 10 round mags will be garbage after a year no matter when you took posession...What a clusterfuk this is going to be...I can't describe the feeling I have in my gut right now....cross between sick, pissed, nervous, betrayed, scared for my familys future. If NYS will pass a law like this then anything is possible. I don't have armed people protecting my family, and my guns just became paperweights untill someone decides to make a 7 rnd glock mag.

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