NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10272
SPONSOR: O'Donnell (MS) TITLE OF BILL:
An act to amend the penal law, the criminal procedure law and the family
court act, in relation to the possession of weapons by domestic violence
offenders; and to repeal certain provisions of the criminal procedure
law relating thereto
PURPOSE OF THE BILL:
The purpose of this bill is to ensure that domestic violence offenders
do not have access to firearms.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend the penal law to include additional
offenses, the conviction of which results in the loss of ability to
possess a firearm.
Section 2 of the bill would amend the penal law to establish a procedure
for determining whether certain misdemeanor crimes are serious offenses
under the penal law.
Section 3 of the bill would amend the penal law to establish that
notification be made to the Division of Criminal Justice Services upon
conviction of certain misdemeanor offenses.
Section 4 of the bill would make conforming changes to the criminal
procedure law to align with existing federal law. Further this section
would amend the criminal procedure law to provide a process for the
return of firearms upon the termination of a matter in a defendant's
favor.
Section 5 of the bill would make conforming changes to the family court
act to align with existing federal law.
Section 6 of the bill would amend the penal law to prohibit a licensing
authority from issuing a new permit or renewing a permit for an individ-
ual with an outstanding felony or serious arrest warrant.
Section 7 of the bill would establish a procedure for the surrender of
firearms, rifles and shotguns upon a judgement of conviction of a felony
or serious offense.
Section 8 of the bill provides for the effective date.
STATEMENT IN SUPPORT:
Under Governor Cuomo's leadership, New York has passed the strongest gun
control laws in the nation. However, New York does not have sufficient
laws in place that ensure the removal of all types of firearms from
individuals involved in domestic violence-an issue we know is closely
tied to gun violence and gun violence deaths. In nine of the ten deadli-
est mass shootings in United States history, including Las Vegas and
Sutherland Springs, the shooter had an existing record of committing
violence against women, threatening violence against women, or harassing
or disparaging women. In addition, when an abusive partner is permitted
to access firearms, the risk that the other partner will be killed
increases fivefold. In 2016, firearms were used in 25 domestic homicides
in New York.
New York law prohibits the possession of firearms for individuals
convicted of felony or "serious" offenses. However, this excludes
certain misdemeanor offenses involving domestic violence. To ensure that
all domestic violence offenders are held to the same standard, the bill
will include additional domestic violence misdemeanors on the list of
prohibited offenses.
Further, the bill would require long guns to be surrendered to law
enforcement upon a finding by the court in matters involving orders of
protection and in cases where there is a conviction of a serious
offense. Currently, New York State requires surrender of hand guns for
either (1) an order of protection issued by a judge or (2) a firearm
license suspension/revocation due to a felony or "serious" offense
conviction or a mental health disqualification by a health professional.
However, this surrender does not always apply to long guns, such as
rifles and shotguns. To correct this loophole, this bill would apply the
same surrender procedures to long guns.
BUDGET IMPLICATIONS:
There is no fiscal connected to this bill.
EFFECTIVE DATE:
This act shall take effect 60 days after it shall become law.
