Budget agreement

The Governor and legislature agreed to some gun control as part of state budget negotiations:

Closing the Out-of-State Gun Loophole: The FY 2021 Enacted Budget includes legislation to prohibit individuals from obtaining a gun license who commit serious offenses out-of-state that would disqualify them from obtaining a gun license if committed in New York. This will provide greater consistency in New York’s licensing scheme and ensure individuals who are prohibited from purchasing a firearm are not able to do so. The Enacted Budget also includes legislation to require all state and local law enforcement agencies in the state to opt in to the ATF’s crime gun trace data sharing program and submit crime guns recovered through the ATF’s eTrace system. Additionally, the Enacted Budget includes legislation to amend the Mental Hygiene Law to allow New York to share reports of individuals who are a danger to themselves or others with other states.

Not sure what bills he’s talking about as we went through this last year already.

Removing Guns from Domestic Abusers: The FY 2021 Enacted Budget authorize law enforcement to remove guns from the scene of a domestic violence incident.  It would also establish a domestic violence misdemeanor to ensure abusers lose access to firearms immediately upon conviction. Further, it would authorize law enforcement officers to seize weapons from the home of an individual who becomes subject to a protective order arising out of a domestic dispute.

The bill in question here is A-625/S-446.

The Daily News has remarks from the sponsor:

“Domestic violence incidents are emotionally charged and highly volatile,” said Assemblymember Nily Rozic (D-Queens) …“Having a gun in the household amplifies the risk of a domestic violence incident turning deadly.”

I do not believe this is all the gun control the legislature will take up this year. It depends upon whether they continue the session until June or end early because of coronavirus.

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Possible “Big Ugly” coming soon

A “Big Ugly” could be coming out of Albany soon:

I assume this would include at least some new gun control legislation, like the “ghost guns” crap. It depends how far along they are with the bills, if they’re on their final revision or not. They cannot be part of the actual budget, but would be standalone bills the legislature agrees to take up.

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Gun control lobbying update

A good way to tell what legislation is coming down the pike in Albany is to check which bills are actively being lobbied on.  Here is the report January and February.

New Yorkers Against Gun Violence:

No report.

Everytown for Gun Safety:

A-7847, Relates to the manufacture, assembly, possession, license and disposal of ghost guns.

S-2143A, Relates to the manufacture, assembly, possession, license and disposal of ghost guns.

Ostroff Associates, Inc., contract lobbyists for Everytown:

General issue, “ghost guns”

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S-8028 introduced

Just because we are in the middle of a new Black Death Plague does not mean elected officials don’t have time to draft new gun control legislation.

New bill S-8028, Relates to providing parents of school children with information on the safe storage of firearms, was introduced to Education Committee by Senator Liu.

From the Justification statement:

“… Children are specifically vulnerable to the dangers of unlocked firearms. One study showed that households that lock both their firearms and ammunition have a 75% lower risk of self-inflicted firearm injuries, as well as an 85% lower risk for unintentional firearm injuries among children. This legislation will keep families updated and informed of their firearm storage responsibilities by having their child’s school provide them with information about safe storage. As a primary point of contact for children and families, schools are well positioned to disseminate this information. Wide distribution of safe storage information will help keep our children safe.”

I guarantee whatever literature the Department of Education comes up with will be cut and pasted from gun control advocacy organizations.

There is no companion bill in the Assembly yet.

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Newsbits

Newsbits:

The legislature is scheduled to return to session today.

Elections:

Legislation:

Politics:

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Senate Codes Committee agenda for March 16

Senate Codes Committee agenda for Monday, March 16 @ 11:30am:

  • S-446, Establishes the “Safe Homes Act” authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.
  • S-7762, Enacts the “Scott J. Beigel Unfinished Receiver Act”, relates to unfinished frames or receivers; establishes the crimes of criminal sale of an unfinished frame or receiver in the first, second and third degrees as class C, D and E felonies, respectively.
  • S-7763, Enacts the “Jose Webster Untraceable Firearms Act”, criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble or manufacture.

UPDATE: Legislative sessions have been canceled today due to corona hysterics.

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Stand Your Ground companion introduced

An Assembly companion has been introduced to the Stand Your Ground bill, A-10114.

As with the Senate version, it’s a Republican-only bill, meaning it’s going nowhere.

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Stand Your Ground legislation introduced

“Stand Your Ground” legislation has been introduced to the Senate as S-7915.

From The Justification statement:

“The Second Amendment is designed for protective use by the people of the United States of America. Currently, New York statute states that the only place where the duty of retreating is removed is their own dwelling. This bill seeks to expand the places where lawful firearm owners can protect themselves and others.”

This isn’t exactly correct.  New York has a strong affirmative defense clause which basically protects individuals using force in self-defense anywhere.  Unlike other states where SYG was passed it hasn’t been an issue in New York because of this.

The bill was drafted by the newly formed New York State Firearms Association which is looking to establish itself in the state.

There’s nothing wrong with the bill itself.  The problems are institutional:

  • It’s a Republican-only bill, meaning it’s DOA.  Republicans won’t push for it and Democrats won’t go near it.
  • It’s an “upstate” bill, meaning it’s DOA without any buy in from “downstate” where the vast majority of residents live.
  • Antigun Republicans will sign on to it in an attempt to hide their true record on the issue.  Notice that John Flanagan is co-sponsor.

David DiPietro will be introducing an Assembly companion soon.

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Punishing Ortiz

Following-up to Assemblyman Ortiz’s recent gun control advocacy comes this:

“The left-leaning Working Families Party will endorse progressive candidate Marcela Mitaynes in the upcoming race for Sunset Park’s assembly seat — hoping to oust Félix Ortiz, who had held the post for that past 25 years, the political organization exclusively told Brooklyn Paper …”

As with most other urban races the only way to have an impact, and punish Ortiz for pushing gun control, is to be involved in the Democrat primary.  Registered Dems out number Republicans ~9 to 1 in the district so whomever wins the primary will almost certainly win the general in November.  Running a Vote against Ortiz campaign, either by not showing up to support him, voting for Mitaynes or writing in another name, will at the very least cost him a lot of money trying to fend off his challenger.  Keeping his seat is all he cares about.  If promoting gun control forces him to put more time and effort into doing that, Ortiz may rethink whether or not is is worth it pushing the issue.

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Newsbits

Monday’s Newsbits:

Jurisprudence:

Legislation:

NRA:

Politics:

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