Monday, January 14, 2013

NY Gun Control Law Update

Here are some of the changes to New York's gun control laws that could be voted on this week:

1. The proposal would expand the state’s existing assault weapons ban and limit ammunition magazines to a maximum of seven rounds, down from the current ten.

2. Give New York the nation’s “broadest and deepest” mental health background checks for gun purchases. Under the plan, if a mental health professional believes someone--gun owner or not--poses a threat, they will be able to report that to their county mental health office, which would then convey the warning to law enforcement. The information would then be included in a database that is used for background checks for gun purchasers. Should that person already be found to have a licensed weapon, police could suspend or revoke the license and confiscate the firearm. Further, because existing assault weapon owners will for the first time be required to register with the state under the emerging plan, officials could take action if they wind up on the mental health list.

3. The expansion of Kendra’s Law, which allows judges to order mental health treatment for disturbed individuals.

4. Closing a loophole that allows assault rifles and large-capacity magazines that were made prior to 1994 — the year the state Legislature passed the assault weapons ban — to be sold privately.

5. Owners of firearms that are outlawed as a result of the expanded assault weapons ban would have to register them with the state and would be prevented from selling them in New York. Owners of those models would also not be able to keep the gun’s ammunition magazines.

6. A single standard that would require all gun licenses to be reviewed every five years.

7. Close loopholes so that a private sale of a firearm from one person to another in New York is no longer exempt from federal background checks.

8. Sale of ammunition on the Internet would be prohibited in New York.

9. Background checks would be required for ammunition purchases.

10. Tougher gun-related criminal penalties, including expanding the number of felonies that will be subject to an additional maximum prison sentence of five-years.

11. Limit the state records law to protect handgun owners from being identified publicly. The provision would allow a handgun permit holder a means to maintain privacy under the Freedom of Information law.

12. Increase penalties for shooting first responders, called the “Webster provision.” Two firefighters were killed when shot by a person who set a fire in the western New York town of Webster last month. The crime would be punishable by life in prison without parole.

UPDATE
The state Senate, controlled by a coalition of Republicans and a handful of Democrats, approved the legislative package just after 11 p.m. by a lopsided vote of 43 to 18. The Assembly, where Democrats who have been strongly supportive of gun control have an overwhelming majority, planned to vote on the measure Tuesday. The measure passed the state Assembly 104-43.










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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