Pending New York State Legislation Regarding Firearms

As many may know NYS has been engaged in a struggle between a Democrat controlled Assembly and Republican controlled Senate over the definition and implementation of “common sense gun laws.” While most of us theoretically support laws that would stop crime, what is proposed generally attacks the rights of law abiding gun owners, leaving the criminal to commit crimes unfettered.

Some of the laws still being worked by the state legislature are listed below. I encourage you to write your state representative to encourage the legislature to focus on enacting laws that reduce the state deficit, improve resident’s quality of life, lessen the enormous tax burden load of their constituents and reduce the debt per capita of a population that is leaving the state in droves.

There is no longer any doubt that gun laws aimed at the law-abiding citizen do nothing to deter crime. In NYS the average sentence for child rape is 2.5 years and the average sentence for murder is as few as 8 years. As the recidivist offender continues to be dumped back on our population there is no doubt that honest people are exposed to increasing peril. Our legislators should increase the sentences for violent offenders, including those illegally in possession of handguns. Many LEO and district attorneys would like to see a minimum mandatory sentence of 10 years for anyone convicted of carrying an illegal firearm. No parole, no probation, no early release as far too many criminals see the current mandatory minimum sentences as a badge of courage.

Below are four of the more ridiculous bills that are currently in play in NY.

ASSEMBLY BILL NO A00361

SPONSOR Paulin (MS)

COSPNSR Ramos, Lifton, Englebright, Kavanagh, Rosenthal, Wright, Schimel,
Pheffer, Lancman, Rivera P

LAWS AFFECTED: Article 265 – criminal Possession of a Weapon, Article 400 – Licensing, General Business Law

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions.

CURRENT STATUS: 01/05/2011 referred to economic development

ASSEMBLY BILL NO A00381

SPONSOR Paulin (MS)

COSPNSR Cook, Cymbrowitz, Dinowitz, Galef, Jacobs, Ortiz, Englebright, Rosenthal

LAWS AFFECTED: Article 265 – criminal Possession of a Weapon, Article 400 – Licensing

Requires the safe storage of all guns, either in a safe or with a locking device, and provides penalties for simple and complex violations (removal from premises, injury or death results); requires notices to be furnished upon transfer of guns and issuance/renewal of licenses; defines guns as weapons in the form of rifles, shotguns, and firearms; enacts the “safe gun storage act”;
does not preempt local laws no less restrictive or stringent.

CURRENT STATUS: 01/05/2011 referred to codes

COMMENTS: This is precisely the basis behind the victory in the Heller case. In his opinion, Judge Scalia ruled that a law requiring a gun be locked or disassembled is not readily available for defense and there for could be construed to constitute a complete ban.

SENATE BILL NO S00574

SPONSOR KLEIN

COSPNSR KRUEGER, MONTGOMERY

LAWS AFFECTED: Article 265 – criminal Possession of a Weapon, Article 400 – Licensing

Prohibits the possession of guns in or upon the grounds of buildings that serve alcoholic beverages; provides exemption to on-duty police officers, owner or employee protecting the establishment or a club.

CURRENT STATUS: 01/05/2011 referred to codes

COMMENTS: NY has never had a law prohibiting the possession of a firearm in any restaurant or bar. A review of case history shows there have been only a small handful of such crimes committed by law abiding gun owners. However, the vast majority of bar-related shootings have been committed by gang-bangers and others in possession of an illegal handgun.

BILL NO S02078

SPONSOR KRUGER

LAWS AFFECTED: Adds S401.00 – 401.35, (Licensing) to the Penal Law

Enacts personalized gun safety provisions creating a temporary state commission to adopt standards for firearms sold or manufactured in this state (and test prototypes) including, but not limited to, personalizing all firearms manufactured, assembled, altered, offered for sale, sold, traded, transferred, shipped, leased, distributed, acquired or possessed within the state so that only authorized users can operate them; requires manufacturers and others to comply with the standard four years from the date on which the commission’s original standard is adopted; exempts antique firearms and those manufactured prior to the compliance date, except that dealers are prohibited from selling or otherwise transferring those guns; imposes penalties against those who manufacture, transport or ship firearms that do not meet the safety standard and against those who deface or alter the personalized characteristic; authorizes persons who are injured, or the representative of those killed, by the discharge of firearms not meeting the standard to bring an action against the person who fires the weapon and the owner thereof.

CURRENT STATUS: 01/18/2011 Referred to Codes

COMMENTS: This law, if enacted, would require the retooling of all firearm manufacturers to comply with stringent laws that would substantially increase the cost of manufacturing. Such costs would be passed to the consumer. Many firearm manufacturers would rather cease business within the state.

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

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