Assemblywoman Paulin is pleased to announce that her bill (A.698- D) to bring New York into compliance with provisions of the federal Gun Control Act that prohibit persons convicted of misdemeanor crimes of domestic violence from purchasing or owning a firearm has passed both the Assembly and the Senate.

“The federal government has provided states with a way to ensure that guns aren’t sold to domestic violence abusers and New York should take full advantage of that opportunity,” explained Assemblywoman Paulin. “Following the tragic deaths of Jessica Welch and Officer John Falcone, who were both shot and killed by Jessica’s ex-partner and abuser in Poughkeepsie earlier this year, I was determined to pass this bill.”

Each day in the United States four women are killed by their current or former partners. A firearm is the most frequently used weapon in these murders. In 2009, there were 130 domestic homicides in New York; more than two-thirds of these were committed by intimate partners.

The federal Gun Control Act stipulates that persons convicted of misdemeanor crimes of domestic violence should not own or purchase a firearm. Enforcement of this provision requires that states provide data to the FBI, after each conviction, concerning whether or not the crime included the use or attempted use of physical force, or the threatened use of a deadly weapon, and the existence of a defined relationship between the perpetrator and the victim. Currently, New York does not provide this critical information to the FBI.

This bill changes the way that courts record information about crimes of domestic violence and the relationships between the involved parties thus making it easier for the federal government to flag persons ineligible to purchase firearms.

“Guns and domestic violence are a deadly combination. Should someone that physically assaults or cuts off the breathing of their significant other have access to firearms? The federal government says no and we agree,” said Jackie Hilly, Executive Director of New Yorkers Against Gun Violence. “New York has the ability and the obligation to protect its citizens by keeping guns out of the hands of convicted domestic violence criminals and this bill will help make that a reality. Thanks to the leadership of Assemblywoman Amy Paulin, New York will now be able to comply with existing federal law and upload these misdemeanor domestic violence records to the federal firearm background check system. Lives will be saved because of this bill.”

“The New York State Coalition Against Domestic Violence (NYSCADV) applauds the passage of this important legislation. NYSCADV thanks Assembly member Paulin and Senator Saland for their strong support of this legislation and their long history of protecting victims of domestic violence. Access to firearms increases the risk of intimate partner homicide more than five times compared to instances where there are no weapons. In addition, abusers who possess guns tend to inflict the most severe abuse on their partners,” remarked Michele McKeon, Chief Executive Director of NYSCADV. She continued, “Strengthening existing law is critical to supporting New York State’s zero tolerance policy towards domestic violence. If offenders are told that they are prohibited from doing something because of the crimes they commit against their intimate partner or family member, then that prohibition must be enforced. NYSCADV believes that this legislation will hold offenders accountable resulting in increased victim safety.”

“Firearms are frequently used by abusers in a domestic violence context to intimidate, injure and kill their victims. To protect such victims, the federal law bars a federal firearms licensee from selling or otherwise disposing of a firearm to a person who has been convicted of a misdemeanor crime of domestic violence,” said Derek P. Champagne, District Attorney of Franklin County and President of the District Attorneys Association of New York State. “Passage of this legislation will enable New York State to help keep guns out of the hands of those likely to inflict harm on vulnerable victims”

The bill will now be sent to the Governor’s Office where it is expected to be signed into law.