Part-II: Pending New York State Legislation – Gun Control v. Criminal Control

Part-II: Pending New York State Legislation - Gun Control v. Criminal Control
Part-II: Pending New York State Legislation - Gun Control v. Criminal Control
Part-II: Pending New York State Legislation - Gun Control v. Criminal Control
Part-II: Pending New York State Legislation - Gun Control v. Criminal Control

As we discussed in Part-1 of this series, most states are engaged in a struggle between political parties on the best way to curb violent crime in America. Many proposed laws target lawabiding citizens under the guise of “common sense gun laws.” While most of us theoreticallysupport laws that would stop crime, or keep unstable persons from gaining access to firearms, thelegislation that receives the most bias from the press and media are those that attack the rights oflaw abiding gun owners; such laws leaving the criminal to commit crimes unfettered. Rarely dothe media focus on legislative efforts that may actually have a positive effect on crime rates.
Among the best experts on this subject is John Lott, author of “More Guns, Less Crime:Understanding Crime and Gun Control Laws.” Mr. Lott teaches criminal deterrence, lawand economics, at the University of Chicago, where he is the John M. Olin Visiting Law andEconomics Fellow. He also has held positions at Stanford, UCLA, Rice, and the Wharton Schoolat the University of Pennsylvania. In his book he examines the effects of gun control laws,including the Brady Bill. After an in-depth study on the subject he has come to the conclusionthat “shall issue laws,” which allow law-abiding citizens to carry concealed weapons, steadilydecrease violent crime. He explains that this result makes sense because criminals are deterredby the risk of attacking an armed victim. As more citizens arm themselves, the danger tocriminals increases. Nowhere is this clearer than comparing the violent crime rates betweenWashington, D.C. and Virginia.

In my research I have found that we have among our legislators on both the state and federallevels, educated officials who have come to the realization that many gun control laws donothing to make America a safer place. It seems as society wakes up to reality more and morestates have enacted shall-issue laws in the past decade.

New York consistently gets bad reviews for its stand on gun control. New York will not allowreciprocity with other states. It will not approve a CCW permit for non-residents and only understrict circumstances (competition or training) will allow a non-resident to remain in the statewith his/her gun. New York is a “discretionary issue” state which allows the licensing officercomplete control over who may and may not receive a CCW permit. Although most applicantswill be awarded a CCW permit there are generally restrictions placed on the carry of such,rendering them all but useless for personal protection.

In this article we’ll take a look at some of the legislation currently proposed in New York thataddresses the root problem through criminal control as opposed to enacting more gun controllaws. The majority of these laws are proposed by Republican lawmakers in both the state assembly and senate.

SPONSOR: Joseph Giglio (Rep)
CO-SPONSOR: Burling, Kolb, Barclay

LAWS AFFECTED: Adds §470 to the Real Property Tax Law

Grants a $100,000 real property tax exemption to conservation clubs and rod and gun clubsowning land acquired prior to January 1, 2011, having an assessed value of $500,000 or less.

CURRENT STATUS: 01/12/2011 Referred to Real Property Taxation

AUTHOR COMMENTS: This is a very important piece of legislation for all sportsmen.According to the Tax foundation, New York has the fifth highest property tax in the country. Theburden has become so high on homeowners and business owners alike that it is causing a massexodus to lower tax states. This bill will provide relief to sports and conservation clubs whichmay be the difference between survival and closure.

SPONSOR: Nancy Calhoun (Rep)

LAWS AFFECTED: Amends §10.00 & §30.00, NYS Penal Law, Amends §1.20 & §190.71,Criminal Procedure Law

This legislation allows a juvenile offender accused of criminal possession of a weapon(offenses), reckless manslaughter and attempts to commit certain felonies to be tried as an adult;changes the definition of “juvenile offender” to include criminal possession of a loaded firearm,machine gun or explosive, reckless manslaughter, and attempts to commit certain serious felonies.

CURRENT STATUS: 01/20/2011 referred to codes

AUTHOR COMMENTS: Ms. Calhoun has long been an advocate of criminal control,opposing gun control. This important legislation improves public safety by allowing longersentences for juvenile offenders who commit violent crimes. Presently juvenile offenders can betried in family court where sentences are lower than that of adults. An example of the importanceof this legislation can be found in an incident in October 2006 in Newburgh, NY where policeofficers returned fire from a 23-year-old suspect, killing him. That suspect was on parole forthe execution-style killing of another man over a drug deal when he was 17-years-old. Had thislegislation been in place in 2006 the incident would never had occurred and those brave officerswould not have to live with the burden of having killed a young man.

SPONSOR: Nancy Calhoun (Rep)
MLTSPNSR: Conte, Curran, Finch, Kolb, Miller J, Oaks, Tedisco

LAWS AFFECTED: Amends §265.08 & §70.02, Repeals §265.09, NYS Penal Law; Amends§509-CC, Vehicle & Traffic Law; Amends §410 General Business Law

This legislation provides that the illegal possession of a deadly weapon which is loaded andcapable of producing death or other serious physical injury or the display of a pistol, revolver,rifle, shotgun, machine gun or other firearm during the commission of a crime is a class A-IIfelony; repeals related provisions.

CURRENT STATUS: 01/20/2011 Referred to Codes

AUTHOR COMMENTS: Once again Assemblywoman Calhoun demonstrates her intoleranceto the illegal possession of a weapon and the use of a firearm in the commission of a crime. Thislegislation would increase the sentence for illegal possession of a weapon from a “C” felony toan “A” felony, providing a mandatory 3-8 year sentence. In cases where a firearm is use in thecommission of a crime the law would be repealed, changing the sentence from a “B” felony toan “A” felony.

SPONSOR: Brian Kavanagh (Dem)

LAWS AFFECTED: Amends §606, Tax Law

This legislation provides a 25% tax credit against personal income taxes for the purchase of gunsafety equipment up to $500.

CURRENT STATUS: 03/02/2011 Referred to Ways and Means

AUTHOR COMMENTS: This legislation is a refreshing attempt at getting people to properlysecure their guns. Instead of enacting legislation making it a crime to leave a gun unsecured itinstead provides incentive in the form of a tax break on personal income taxes. Such an actionwill help many people who would otherwise not be able to afford a decent safe. Although thislegislation is based in safety, we all feel better knowing our guns are secured from burglars. Iapplaud assemblyman Kavanagh’s approach.

SPONSOR: Brian Kavanagh (Dem)
CO-SPONSOR: Aubry, Camara, Paulin, Peoples-Stokes, Pheffer, Robinson, Wright
MLTSPNSR: Gottfried, McDonough, McEneny, Meng, Towns, Weisenberg

LAWS AFFECTED: Adds §3204-a, to NYS Education Law

Provides for a gun violence prevention program in public schools; provides that the programis to be developed by the department of education in conjunction with other state agencies andeducational organizations and is to be made available to schools for use in pre-kindergartenthrough twelfth grade; provides for a report to the governor and the legislature on the program;enacts the “gun violence prevention act.”

CURRENT STATUS: 03/02/2011 Referred to Education

AUTHOR COMMENTS: Educating children on the subject of guns has always been a goodidea as it provides an understanding of the historic role of guns in the shaping of America andframing of our government. Like any tool, there are inherent risks associated with their use.

Once a common practice, firearm safety education programs fell to the wayside as liberalattitudes dominated our school system. Most children now learn about firearms from theinaccuracy of movies and television programs. And unfortunately many more are learning aboutfirearms on the streets where a gun has become a badge of courage. However curriculums suchas “NRA Eddie Eagle” are making a comeback. Over the past month, the students of HarmonyElementary School in Cushing, Oklahoma have been learning about the proper safety proceduresand actions they should take if they see a gun. In 2010 the Virginia General Assembly approveda version of House Bill 1217, which allows local school boards to offer gun safety programs inelementary schools so long as they reinforce the policies of the NRA program—namely, EddieEagle’s mantra of “Stop! Don’t touch. Leave the area. Tell an adult.” Let’s face it; the EddieEagle program will save lives. We should all contact our elected officials and inform them of oursupport.


LAWS AFFECTED: Adds Article 161; §161.00 – §161.15, amends §70.02, Penal Law

Establishes the crimes of carjacking in first, second and third degrees, as the stealing of a motorvehicle from a person or presence of another person through the use or threatened use of force;increases penalties for causing injury to such victim, displaying a real or fake gun or using such aweapon; provides that all carjacking is a violent felony offense.

CURRENT STATUS: 03/23/2011 Referred to Codes

AUTHOR COMMENTS: This legislation defines all car-jacking as a violent felony offenseand increases the sentence for such when a weapon is used or threatened or the victim is injured.


LAWS AFFECTED: Adds §265.45, §265.50, §265.55 & §70.16, amends §70.25, Penal Law;amends §220.10, Criminal Procedure Law

Increases penalties for offenses involving the criminal possession of a firearm, rifle, shotgun ormachine gun; restricts the ability to plea bargain to lesser offenses and provides for mandatoryminimum sentences of imprisonment for violations appertaining thereto.

CURRENT STATUS: 01/18/2011 Referred to Codes

AUTHOR COMMENTS: Presently, those in possession of an illegal weapon view the sentenceas a badge of courage. This legislation increases the sentence for such crimes making it lessdesirable to face charges of criminal possession of a weapon.


LAWS AFFECTED: Adds §265.45, §265.18, §265.19 & §265.27, amends §60.05 & §80.00,Penal Law; amends §661, Education Law

Enacts the Gun Trafficking Prevention Act; creates offenses of illegal gun trafficking, criminalpossession of a weapon by a minor, criminal use of a weapon by a minor, and lost or stolenfirearm to be reported; also amends penalties and eligibility for tuition awards by students onprobation or parole for weapons convictions.

CURRENT STATUS: 04/11/2011 Referred to Codes

AUTHOR COMMENTS: The most important provision of this legislation targets the criminalpossession of a weapon by a minor. It allows minors to be tried as adults and adversely affectsthe ability of a student to obtain tuition assistance in the form of grants by any minor found toillegal possess a weapon. Use a gun in a crime? Forget student grants and loans.

About The Author
Robert Clydesdale
Chief Firearms Instructor, Personal Protection Associates
(845) 568-7588[email protected]

NRA Certified Pistol Instructor
NRA Certified Chief RSO
NRA Certified Personal Protection Instructor
Firearms Trainer
NYS ID: C04-249, NRA Instructor ID: 139974570, Fully Insured