Assemblyman David Buchwald Agrees, Gun-Safety Legislation a Step in Right Direction

January 15, 2013

Assemblyman David Buchwald helped pass the landmark New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT) supported by Governor Cuomo. In light of recent acts of gun violence in our state and around the country, this legislation gives New York State the most comprehensive set of gun laws in the nation.

“One of my top priorities is ensuring the safety of our families and our community," said Assemblyman David Buchwald (D-Westchester). "As we’ve seen in recent tragedies, the consequences of dangerous weapons falling into the wrong hands are too great to ignore."

Comprehensive gun-safety measures

The Assembly’s legislation would strengthen New York’s existing assault weapons ban. In addition, clips with the capacity to hold more than 7 rounds can no longer be sold in the state.

There would also be a grandfather clause for current owners of legal semi-automatic weapons, provided they register those weapons with the state police, renew the registration every 5 years, and undergo a background check.

In addition, the bill will:

• 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;
• allow schools to qualify for reimbursement building aid assistance if they choose to add electronic systems and hardened doors to increase safety;
• 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.

“These new gun-safety measures will severely inhibit dangerous criminals from gaining access to firearms, expand truly universal background checks on guns and ammunition, and ban dangerous assault weapons,” Buchwald concluded. “I will continue to do everything in my power to make sure our community in Westchester is a safe place to raise a family, and this landmark gun-safety legislation is evidence of New York's seriousness on the issue."

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