NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3350
SPONSOR: Tenney (MS)
 
TITLE OF BILL: An act to repeal chapter 1 of the laws of 2013 amend-
ing the criminal procedure law and other laws relating to suspension and
revocation of firearms licenses
 
PURPOSE OR GENERAL IDEA OF BILL: Relates to repealing chapter 1 of the
laws of 2013, relating to the New York Safe Act of 2013.
 
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Chapter 1 of the laws of
2013 amending the criminal procedure law and other laws relating to
suspension and revocation of firearms licenses is REPEALED.
Section 2 contains the effective date.
 
JUSTIFICATION: Tragedy was struck into the hearts of Americans and New
Yorkers by mentally deranged and dangerous individuals. The fear that
arose in the wake of these horrific events was inappropriately used to
push for unprecedented and unjustified Second Amendment restrictions.
Our friends and neighbors are being denied an important facet of their
culture, heritage, and above all their fundamental rights.
The most terrible aspect of this assault on law-abiding citizens is the
means by which this bill was passed. There is a 72-hour aging require-
ment on all bills before a vote can be taken on the floor. This allows
legislators the time to review legislation and to confer with their
constituents: a vital component of representational democracy. Legisla-
tors were denied the three day review period due to the Governor's
message of necessity. In short order, my colleagues and I were able to
find glaring legal mistakes, which were not addressed by the Governor.
Instead, it was suggested to accept this legislation on faith that chap-
ter amendments would be delivered at some undisclosed date and time so
that law enforcement would not be hamstrung by the provisions found in
this crudely and hastily conceived law.
While the Governor scoffed at demands that necessary changes must be
made to the way we deal with the mentally ill, he made sure that he was
in the national headlines as the most 'progressive' governor on gun
control. He received the headlines he so desperately sought, but at the
expense of law-abiding firearms owners. Where are the measures to
protect our school children? There are no measures to provide care for
those who suffer from mental illness.
This legislation will provide a total repeal of the flawed law passed,
and provide a clear slate for a serious discussion on how to better
provide for the mentally ill in our state, better protect our schools,
and strengthen our fight against illegal guns and criminals. Please join
me and my colleagues in working to root out the social problems our
nation and state face from the criminal use of firearms and find a way
to provide the appropriate care for those with the mental difficulties
that lead some down a path of unthinkable violence. Law abiding citizens
who wish to protect their Constitutional Second Amendment rights deserve
nothing less.
 
PRIOR LEGISLATIVE HISTORY: 03/04/13 referred to codes 01/08/14
referred to codes 04/07/14 held for consideration in codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Savings in
excess of 35 million dollars.
 
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3350
2015-2016 Regular Sessions
IN ASSEMBLY
January 22, 2015
___________
Introduced by M. of A. TENNEY, FRIEND, CROUCH, CERETTO, KATZ, HAWLEY,
McLAUGHLIN, PALMESANO, STEC, BUTLER, LOPEZ, LALOR, FINCH, NOJAY --
Multi-Sponsored by -- M. of A. BLANKENBUSH, CORWIN, DUPREY, OAKS --
read once and referred to the Committee on Codes
AN ACT to repeal chapter 1 of the laws of 2013 amending the criminal
procedure law and other laws relating to suspension and revocation of
firearms licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Chapter 1 of the laws of 2013 amending the criminal proce-
2 dure law and other laws relating to suspension and revocation of
3 firearms licenses is REPEALED.
4 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06535-01-5