The Independent View: NY Gun Laws

After the 2012 Sandy Hook Elementary School Massacre in which 20 Children and Six Adults were Murdered, some States enacted Stronger Gun Control Laws.

New York was One of the First States to Act after the Mass Shooting, when it Passed the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act).

There are Many Provisions of the NY SAFE Act, but some of the more prominent include:

- Banning Possession of any "High-Capacity Magazines" regardless of when they were made or sold.

- Requiring Ammunition Dealers to Perform Background Checks, similar to the Requirements Imposed for Gun Purchasers.

- Requiring the Creation of an Assault Weapons Registry.

- Requiring the Reporting of Stolen Guns within 24 hours.

- State Permit To Purchase: Yes for Handguns, No for Long Guns, but that needs to be changed. New York City where you are required to have a License for both Long Guns and Handguns.

- Law Prohibiting Firearms On Or Near School Grounds: This is a Felony under New York Penal Law Section 265.01-a (criminal possession of a weapon on school grounds) and a Violation under Section 265.06 (unlawful possession of a weapon upon school grounds). Authorizing anyone other than a Security Officer, School Resource Officer, or Law Enforcement Officer.

After New York Passed the SAFE Act, a New Round of Gun-Control Bills Passed:

Bar School Districts - from Letting Teachers be Armed.

Ban Bump Stocks - State Law makes it Illegal "to purchase, possess, sell, or distribute bump stocks".

Extreme Risk Protection Order - Allow People to Seek a Court Order to Ban Dangerous People from having Guns.

Extend the Waiting Period - From Three days to 30 days for an Inconclusive Background Check to Clear before a Gun can be Purchased.

Red Flag Bill - Allow Police, Family, and Household Members, and Designated School Officials, to seek a Court Order requiring a Person likely to Harm themselves or Others to Relinquish any Firearms. For the Order to be Granted, the Court must: Find that there is Probable Cause to believe the Respondent is likely to Engage in Conduct that would Result in Serious Harm to Himself, Herself, or Others, as Defined in Paragraph One or Two of Subdivision (a) of section 9.39 of the Mental Hygiene Law. If the Order is Granted, the Person would be "prohibited from purchasing, attempting to purchase, or possessing a firearm, rifle or shotgun for up to one year, subject to renewal." The Ban could be Renewed past One year if the Petitioner gets the Court to Approve an Extension within 60 days of the Expiration of the Existing Order. But the Person who had their Guns taken away can Appeal the Initial Order and any Extension.

Barring 3D Guns - New York Prohibits "the possession, manufacturing, sale, and distribution" of Guns that Cannot be Detected by standard Metal Detectors, including 3D Printed Guns. Lawmakers also Ban the Dissemination of Instructions on how to Make 3D Printed Guns.

"Guns that cannot be detected by metal detectors have become more problematic with the rise of at-home 3D printing," the Bill states. The Bill would make it a Class E felony, Punishable by up to Four Years in Prison, for Possession of Non-Metal or Undetectable Guns and a Class D felony, Punishable by up to Seven years in Prison, for Manufacturing or Selling Non-Metal or Undetectable Guns.

Gun Buybacks - This Bill Directs State Police to devise Rules and Regulations for Local Gun Buyback Programs, as well as Establishing a Fund to be used for Rewards. The Goal would be to Standardize Gun Buyback Programs across New York and Establish Best Practices.

Failure to Safely Store a Firearm - The Penalties under the Bill would Range from a Violation to a Class E Felony, Punishable by up to Four years in Prison. Gun Dealers would also need to Notify Buyers of Safe-Storage Requirements; they could Face a Misdemeanor if they Fail to do so. They would also have to Post a Sign about the Safe Storage Law. The Penal Law would be Updated so that any gun Owner with Children Under age 16 or who Lives with a Person Barred from Possession of a Gun would have to Securely Lock their Weapons. That would include: "An appropriate safe storage depository or (having the weapon) rendered it incapable of being fired by use of a gun locking device appropriate to that weapon."

Mental Health Records - New York Authorities would be able to Review the Mental-Health Records of Out-of-State Applicants for Gun Permits in New York.