Wednesday, May 2, 2018

NY Gov. and Gun Control Issues

New York Governor Andrew Cuomo is pushing for Longer Wait Time for Some Gun Purchases. He introduced Legislation to lengthen the Waiting Period, from Three days to 10 days, for People who aren’t immediately Approved by a Federal Background-Check Database.

The National Instant Criminal Background Check System (NICS) is a United States system for determining if Prospective Firearms or Explosives Buyers' Name and Birth Year match those of a person who is not eligible to Buy Firearms. It was mandated by the Brady Handgun Violence Prevention Act (Brady Law) of 1993 and launched by the Federal Bureau of Investigation (FBI) in 1998.

After a Prospective Buyer completes the appropriate Form, the Holder of a Federal Firearms License (FFL) initiates the Background Check by Phone or Computer. Most Checks are determined within Minutes. If a determination is not obtained within Three Business days then the Transfer may Legally be completed. The system provides the Seller with a Notification of “Proceed,” “Denied” or “Delayed”.

New York Current Law Prohibits the Possession of Firearms for Individuals Convicted of Felony or "serious" offenses. However, this excludes certain Misdemeanor Offenses involving Domestic Violence, such as Assault and Battery Crimes or Strangulation. To ensure that all Domestic Violence Offenders are held to the same Standard, Cuomo advance Legislation to include All Domestic Violence Misdemeanors on the List of Prohibited Offenses.

Cuomo recently Signed into Law, the Removal of All Firearms from those who commit Domestic Violence Crimes. Given the inextricable Link between Domestic Violence and Lethal Gun Violence, this Legislation will Require all Domestic Violence Crime Convictions, including Misdemeanors, to result in the immediate Removal of All Firearms with the Goal of Preventing additional Tragedies.

"This year will be remembered as the year of reckoning, when both the tragedy of mass shootings and cultural and institutional harassment of women became impossible to ignore," Governor Cuomo said. "Building on the Women's Equality Agenda, we are continuing our mission for progressive values and women's rights with this legislation to target the unquestionable relationship between domestic violence and gun violence."

Rifles and Shotguns are also Required to be Surrendered to Law Enforcement. Currently, New York State requires Surrender of Hand Guns for either:

(1) An Order of Protection issued by a Judge.

(2) A Firearm License Suspension/Revocation due to a Felony, "Serious" Offense Conviction, or a Mental Health Disqualification by a Health Professional.

However, this Surrender does not always apply to Long Guns, such as Rifles and Shotguns. To Correct this Loophole, Governor Cuomo will be Proposing Legislation to Apply the Same Surrender Procedures to Long Guns.

New York Judges will issue Orders of Protection after an Individual is Arrested, but before they are Convicted. These Orders result in the Suspension of Firearm Licenses. After the Case is Resolved and there is No Conviction, the Person can request the return of their Firearm Licenses.

NYC Wins When Everyone Can Vote! Michael H. Drucker
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