NY-SAFE-Act - New Yorkers Against Gun Violence

Report
The New York SAFE
Act
NY Safe Act 2013
 Passed on January 15th, 2013, this law gives New
Yorkers some of the strongest protections against
gun violence in the country
 Other states have followed New York including
Colorado, Connecticut, Minnesota, and
Maryland
But more states have passed
laws that would weaken gun
restrictions rather than
strengthen them
What does NY
SAFE Do?
Universal Background
Checks
 The law closes the private sales loophole by requiring
all gun transfers between private parties, except
immediate family, to be subject to a federal
National Instant Criminal Background Check.
 Previous NY law enabled criminals and other
dangerous people to buy long guns with a
background check.
Assault Weapon Registration
& Possession
 Assault weapons possessed before the January 15,
2013 effective date must be registered within a year
and recertified every five years.
 Owners of grandfathered assault weapons may only
sell out of state or through an in-state federal
firearms licensee.
Military-Style SemiAutomatic Assault Weapons
Ban on high capacity
magazines – effective
immediately
 Limits the capacity of magazines to 10 and bullets to
7 rounds, down from the prior limit of 10. It includes a
ban on the possession of pre-1994 high capacity
magazines, and will require owners to sell the
banned magazines out of state within one year.
High Capacity Magazines
Possession of Pre-1994 large
capacity feeding devices
are banned.
 Persons legally possessing these have one year from
transfer out of state or to an FFL (January 15th, 2014)
Background checks on all
ammunition sales
 Ammunition ordered over the internet must be
delivered in a face-to-face transaction with a
licensed firearms dealer and the purchaser.
Establishes an Ammunition
Purchase Database for sellers of
ammunition
Purchase Database Effective January 15, 2014
Seller Registry Effective January 13, 2014
Will help law enforcement to detect gun traffickers by
tracking high-volume ammunition purchases.
Firearms License
Recertification
 Requires pistol licenses and assault rifle registrations
to be recertified every 5 years.
 Recertification will give law enforcement the ability
to determine if the licensee has engaged in any
criminal activity that would prohibit the person from
continuing to possess a gun.
Establishes Statewide
Electronic Gun Permit
Database
 Effective January 15, 2014
 Routinely checked against other records to
determine any disqualifiers
 Not subject to FOIL
 Available to law enforcement or as otherwise
provided in a court order
Webster Provision
 Makes murder of a first responder who is engaged in
his or her duties a Class A-1 felony, with a mandatory
penalty of life in prison without parole.
 Created to honor the memory of Lt. Mike
Chiapperini and Tomasz Kaczowka who were victims
of a fatal shooting in Webster, NY, on 12/24/12.
Extends and Strengthens
Kendra’s Law
 Extended for 2 years through 2017 and the period of
mandatory outpatient treatment will be extended
from 6 months to one year.
 A review will be required before a mentally ill inmate
is released.
Keeps Guns Out of Schools
 The penalty for possessing a firearm on school
grounds or a school bus will be increased from a
misdemeanor to a Class E Felony.
 School districts will submit their safety plans to a
newly created NY State School Safety Improvement
Team, which will review plans and help localities
develop plans.
Protect Families
 When a judge issues an order of protection and finds
a substantial risk that the individual subjected to the
order will use a gun against the person protected by
the order, the judge is required to demand the
surrender of the weapon.
Safe Storage of Firearms
 In households where individuals live who have been
convicted of a crime, involuntarily committed or
subject to an order of protection. Existing law
requires all guns sold at retail be sold with a gun lock.
Tougher Penalties for Illegal
Gun Use
 Establishes tougher penalties for those who use
illegal guns in the commission of a crime.
 Will give law enforcement a greater ability to crack
down on criminals who obtain firearms illegally.
Questions to ask
anyone opposed to
the New York SAFE
Act…
1.
Do you believe that a mentally ill person, who a
qualified mental health professional has
determined is a danger to himself or others,
should be permitted to buy and own guns?
2.
Do you believe that gun owners who are ineligible
to own guns, such as felons, drug dealers and
domestic abusers, should be able to purchase
ammunition to be used in their illegally owned
firearms?
3.
Given that permits for handguns have been
required for some time, why is there an objection
to requiring permits for assault weapons, which
are much more lethal weapons?
4.
Because of the enactment of the NY SAFE Act,
will you no longer be able to buy a hand gun, a
shotgun or a rifle and will you have to relinquish
any guns you currently own?
Strong Gun Laws Save Lives!
 Higher gun ownership and weak gun laws =
 States with higher gun ownership and weak gun laws
have the highest rates of gun death.
 The 5 states with the highest rates of gun death are:
Alaska, Louisiana, Montana, Alabama, and
Wyoming
Strong Gun Laws Save Lives!
 Low gun ownership and strong gun laws =
 States with strong gun laws and low gun ownership
have far lower gun death rates.
States with weak gun laws
export death and injury
 Illegal gun traffickers buy guns in state with weak
laws and bring them to states like NY to re-sell on
the illegal market for a profit.
 In 2011, 68% of traced crime guns in NY state
originated from out of state – mostly from states
with weaker gun laws.
2013 Federal Gun Safety
Legislation
S.649, Safe Communities, Safe Schools Act of 2013
 Fixes the federal gun background check system by:
 Requiring criminal background checks for all gun sales: S.649 expands the current
background check system to private gun sales, which are currently not subject to
background checks.
 Getting names of prohibited purchasers into the criminal background check
system: The bill ensures that more people who are federally prohibited from
possessing guns are included in the National Instant Criminal Background Check
System (NICS), the FBI-run system for criminal background checks on gun buyers.
 Cracks down on gun trafficking and straw purchasing:
 Strengthens anti-trafficking laws: Makes straw purchasing and gun trafficking
punishable by up to 15 years in jail, with enhanced penalties of up to 25 years for
kingpins and those who buy guns on behalf of others knowing that they will be
used in a violent or gun trafficking crime.
 Enhances school and campus safety:
 Reauthorizes and increases school security grants. The grants allow schools to
decide what they type of security measures they want in place, as long as the
measures have been approved by the school district and local law enforcement.
 Establishes a National Center for Campus Public Safety: To strengthen the safety
and security of colleges and universities. The bill includes yearly auditing to ensure
that the grant money is being used effectively.
Manchin Toomey
Compromise
 On background checks – would have allowed
more private sales without background checks –
between friends, on bulletin board, via flyers, and
at flea markets.
 But would have required background
background checks on internet sales and at gun
shows.
April 17th Vote
 Amendment failed by 5 votes
 Including the votes of 4 Democrats:
 Heidi Heitkamp – ND
 Mark Begich – AK
 Max Baucus – MT
 Mark Pryor - AR
What YOU Can Do…
 Email and call the senators who opposed ManchinToomey
 Republicans: Lamar Alexander (TN); Kelly Ayotte (NH); John
Barrasso (WY); Roy Blunt (MO); John Boozman (AR); Richard
M. Burr (NC); Saxby Chambliss (GA); Daniel Coats (IN); Tom
Coburn (OK); Thad Cochran (MS); Bob Corker (TN); John
Cornyn (TX); Michael Crapo (ID); Ted Cruz (TX); Michael B.
Enzi (WY); Deb Fischer (NE); Jeff Flake (AZ); Lindsey Graham
(SC); Chuck Grassley (IA); Orrin G. Hatch (UT); Dean Heller
(NV); John Hoeven (ND); James M. Inhofe (OK); Johnny
Isakson (GA); Mike Johanns (NE); Ron Johnson (WI); Mike
Lee (UT); Mitch McConnell (KY); Jerry Moran (KS); Lisa
Murkowski (AK); Rand Paul (KY); Rob Portman (OH); Jim
Risch (ID); Pat Roberts (KS); Marco Rubio (FL); Tim Scott (SC);
Jeff Sessions (AL); Richard Shelby (AL); John Thune (SD);
David Vitter (LA); Roger Wicker (MS)
 Democrats: Max Baucus (MT); Mark Begich (AK); Heidi
Heitkamp (ND); Mark Pryor (AR)
H.R 1565 The King –
Thompson Bill
 Identical to the Manchin-Toomey Bill in the
Senate. Would require background backs on all
commercial gun sales.
What YOU Can Do
(continued)
 Push these New York Representatives to cosponsor H.R1565
 Michael Grimm (Dist. 11) – 202 225 3371
 Chris Gibson (Dist. 19) – 202 225 5614
 Richard Hanna (Dist. 22) – 202 225 3665
 Tom Reed (Dist. 23) – 202 225 2161
THANK YOU.

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