NY STATE NEWS & LEGISLATION

2010 NY State Legislative Agenda

Microstamping (A 6468b Schimel/S 6005 Schneiderman)

  • Requires any semi-automatic pistol manufactured, delivered, or received into NYS to any licensed firearms dealer to be capable of microstamping.
  • Microstamping copies an alphanumeric code from the firing pin and the breech face onto the ejected cartridge case of the ammunition when a handgun is fired.
  • Microstamping is an inexpensive tool that would help solve crimes where semi-automatic handguns are used but not found at the crime scene. Officers who find shell casings at crime scences can use microstamped information to identify the retail purchaser of the handguns using current crime gun tracing, skilled examiners, and equipment available in ballistics labs throughout the state.
  • Microstamping also helps to trace patterns of trafficking illegal crime handguns, identify corrupt gun dealers who trade in illegal handguns and identify straw purchasers.

Upload Misdemeanor Domestic Violence Records to NICS (Regulatory/DCJS)

  • Under Federal law, any person convicted of a misdemeanor crime of domestic violence is prohibited from purchasing a firearm.
  • Ensure misdemeanor crimes of domestic violence are uploaded to the NICS firearm background check system from NYS.  Requires regulatory and perhaps statutory changes.
  • New York State DCJS is examining ways to upload records of misdemeanor crimes of domestic violence, but has not yet established an effective working system.

5-Year Renewable Gun Permit (A 801a Paulin/S 1598 Schneiderman)

  • Requires permit holders to renew and restate important information about their eligibility to possess handguns and the number possessed.
  • Reforms NYS’ lifetime handgun license law requiring review of licensee’s subsequent criminal convictions, mental health status, or character fitness in years subsequent to the initial issuance of a permit.
  • Provides regular confirmation that licensees remain qualified to possess a handgun and ensures the integrity of the licensing system with updates of current information.

Gun Dealer Responsibility Act (A 1093 Paulin/S 1715 Schneiderman)

  • Requires the creation and imposition of responsible commercial practices, stringent record keeping and reporting to prevent gun sales to criminals.
  • A recent report demonstrated that states with strong gun dealer regulations have fewer guns end up in the illegal market and used in crimes than states with weak gun dealer regulations.
  • A small number of gun dealers, 1%, are responsible for nearly 60% of crime guns nationally.

2009 NY State Legislative Agenda

Microstamping (A6468B/S6864B)

This year, the New York State Law Enforcement Council, District Attorney's Association, Attorney General, Association of Chiefs of Police, Sherif's Association, Citizen's Crime Commission, Criminal Justice Coordinator of the City and hundreds police departments and advocacy groups joined together to support Microstamping. These law enforcement officers and law abiding citizens all joined in calling for Microstamping to become law in New York State. In April the Assembly passed its Microstamping bill (sponsored by Assembly Member Schimel) and now the Senate (sponosred by Senator Eric Schneiderman) should do the same. You can read more about microstamping and why the NYS Law Enforcement Council supports it in their 2009 Legislative Agenda.

What do all the Law Enforcement experts in NYS know that NYS Legislators in Albany need to learn?
Microstamping technology is a crime tool needed by Police Officers to help solve crimes where guns are used, but not found at the scene of the crime. Nationally, more than 60% of gun homicides remain unsolved, and the criminals remain free to kill again, because guns are not found at the crime scenes. With microstamping Police Officers can identify a crime gun without having the gun in their possession. Most criminals who use guns do not leave them behind at crime scenes to make investigations easier. Currently, Police investigations lose valuable time trying to identify the gun used in a crime, and without the gun, these efforts can often be futile. Crime investigations involving guns are stymied because the evidence needed by Police is not available, and the killers remain at large to kill again.

Now, we are fortunate to have technology which would "microstamp" an indentifying number onto the firing pin, breechface, and other surfaces of a weapon. When the weapon is fired, the number is transferred to each shell casing and makes it possible to link a casing left at a crime scene to the gun used in the crime, even if the gun is never found.

We advocate for this sensible step to make it easier to find and prosecute criminals and keep illegal guns off of our streets. Contact your State Assembly Members and State Senators and tell them you want them to support microstamping. New York should make it harder for criminals to wreck havoc on our communities and easier for the Police to invesitgate illegal guns.

The Gun Dealer Responsiblity Act (A1093/S1715)

Reseach demonstrates that even a small number of rogue gun dealers can be responsible for a large number of guns falling into the wrong hands.

Many of the crime guns used in New York State outside New York City, are purchased within New York State, almost all in the county where the crime occurred, or in an adjacent county. Police Officers investigating crimes need to know as soon as possible who the identity of the original purchaser of the gun, so they can follow the chain of possession to the criminal. Early and easy identification of the first purchaser of the gun makes it more likely that a criminal will be apprehended and therefore not be on the street continuing to use the illegal gun against law abiding citizens or selling it to other criminals. 

Among other requirements, this bill requires that gun dealers licensed by the state, act responsibly to lock up or otherwise safely store their weapon inventory. This will prevent criminals from easliy burglarizing gun dealers to "smash and grab" weapons. Dealers are also required to maintain accurate inventory of weapons, train their employees to recognize straw purchasers, and follow all laws requiring background checks and other safety measures. These provisions will help insure that only lawful buyers are able to obtain weapons, and only after background checks.

Gun Dealer Employees

Gun Dealers in New York State who hold federal licenses to sell firearms are required to undergo a Brady background check. Puchasers who go to gun dealers to buy guns also have to undergo a Brady background check. This requirement insures that felons, domestic violence abusers and people who have been adjudicated mentally ill in a court of law, are not permitted to purchase weapons. This makes sense.

But employees of gun dealers who actually sell the weapons to the public are NOT required by New York or federal law to undergo a Brady Background check. Even though they conduct background checks everyday and have unfettered access to the inventory of the dealers, these employees have not been properly vetted for the job they are performing. Since gun dealer employees have ready access to inventory and straw purchases are a known problem, the employees ought to be required to pass a Brady background check BEFORE they have access to inventory and are placed in a position of trust.

2008 NY State Legislative Agenda

New Yorkers Against Gun Violence worked last year to assist Law Enforcement Officers around the state obtain two important tools to invesitigate and pursue crime guns and the criminals who use them. Although the Assembly passed both bills (The Gun Dealer Responsiblity Act and Microstamping) the Senate refused to act and did not support laws enforcement last year. Instead last year's Senate leadership remained faithful to the NRA and the NYS Rifle and Pistol Association and refused to protect law abiding citizens from illegal weapons and refused to help law enforcement officers in their work to reduce illegal guns.

NYAGV 2007 State Agenda


NYAGV 2006 State Agenda

NYAGV 2005 State Agenda

NYAGV 2003 State Agenda

NYAGV 2002 State Agenda

NYAGV 2001 State Agenda