Assemblywoman Nolan (D-Queens) announced that she helped pass comprehensive gun-safety legislation in an effort to curb the devastating gun violence that has ravaged New York State and the country (A.2388).
“The massacre of schoolchildren in Newtown, Conn., and first responders in Webster, N.Y., were horrific tragedies, and – sadly – we see terrible gun violence every day in cities and neighborhoods across New York,” Assemblywoman Nolan said. “Governor Cuomo and the Assembly’s measure takes a comprehensive look at the issue of gun violence and provides real solutions by strengthening gun-control measures and safety, increasing criminal penalties for the illegal use of guns and ensuring that those who may be a danger to themselves or others due to a mental illness do not have access to firearms.”
Stronger gun-safety measures
This legislation would strengthen New York’s existing assault weapons ban to prohibit weapons that include one or more of the features that increase the lethality of a semi-automatic weapon. Further tightening the law, there would be a grandfather clause for owners of legal semi-automatic weapons provided they register them with the state police, recertify the registration every 5 years and undergo a background check, Assemblywoman Nolan said.
Additionally, this bill would remove a grandfather clause that exists under current law and ban all high-capacity ammunition clips with the capacity to hold more than 10 rounds. From this day forward, no clips with the capacity to hold more than 7 rounds can be sold. It would also require all people purchasing ammunition to undergo a state background check and present state-issued photo identification.
Protecting our Schools
“As chair of the Assembly Education Committee I worked to include the provision that allows schools to qualify for reimbursement of building aid assistance if they choose to add electronic systems and hardened doors to increase safety. It is important that the state help school districts ensure the safety of students in the classroom” said Assemblywoman Nolan.
In addition, this bill would:
- revoke and/or suspend the gun license of an individual upon issuance of an order of protection by a court of law;
- establish a statewide database of handgun licenses to enable the state police to crosscheck the National Instant Criminal Background Check System (NICS) to determine if any current licensees have been legally disqualified from possessing firearms under federal law;
- create statewide standards for handgun-license applications;
- require mental-health professionals to report to law enforcement when they believe a person receiving mental-health services is a danger to themselves or others. Those who possess a firearm license would have their license revoked or suspended and be required to surrender their firearms;
- update the New York gun licensing statute to ensure those prohibited from possessing firearms on the federal level are not granted a gun license from the state;
- require re-certification of gun licenses on a 5-year cycle to include current name, date of birth, current address and the make, model, serial number and caliber of all firearms possessed;
- allow counties to keep the names and address of gun licensees confidential under certain circumstances;
- require all private sales of firearms, shotguns and rifles to be made through a licensed gun dealer to ensure that a proper background check is performed, unless the sale is between immediate family members; and
- require owners of firearms to safely store such weapons if he/she resides with a person who is prohibited from possessing a firearm under certain provisions of federal law.
Increasing criminal penalties
“It’s imperative that we strengthen the penalties for criminal use of guns,” Assemblywoman Nolan said. “This includes how we charge drug dealers and violent criminals who are involved in illegal gun use, gun purchasing for prohibited persons, having a gun on school grounds and causing physical injury to a child with a gun. We can do better, and this bill will help us get there.”
The Assembly’s legislation would increase the existing penalty for possession of a loaded firearm from 3.5 years to 5 years imprisonment when the defendant is also convicted of a drug sale or violent felony offense as part of the same charge. Additionally, the penalty for possession of an unloaded firearm in this situation would increase from a class A misdemeanor to a class D felony.