Albany passes post-Newtown gun control

Dan Glaun

Gov. Andrew Cuomo signed a package of sweeping gun control measures into law Tuesday, making New York the first state to pass gun legislation since the mass shooting in a Connecticut elementary school last month.

The New York Safe Act tightens the state’s assault weapons ban, reduces the maximum size of ammunition magazines from ten rounds to seven, strengthens permit requirements for firearms and requires background checks for all gun sales, including between private sellers and buyers.

The measure mandates that mental health clinicians report patients who they consider a threat to commit violence. Such patients may then have their guns and permits confiscated. 

The law also creates a state-wide gun database that would not be publicly accessible. A Westchester newspaper, the Journal News, drew fiery criticism after it published a map in December showing the names and addresses of all gun owners in Westchester and Rockland counties, based on freedom of information law requests.

“This is a historic day. The public safety of the citizens of New York was the priority. I stood with the governor and both houses of the state Legislature in passing the strongest, most comprehensive gun-safety legislation in our state’s history,” said state Assemblywoman Michelle Schimel (D-Great Neck) in a statement. “We are the first state in the nation, in the aftermath of the tragedies of Newton and Webster, to enact gun control legislation. Make no mistake about it, the number of gun deaths in New York will decrease because of the bold, bipartisan action taken by the legislature today. Now it is up to other states and the federal government to follow New York’s lead.”

Schimel has been a leading gun control advocate during her tenure in Albany. One of her signature policies, microstamping – the process of laser etching on the firing pin of a gun so the cartridges it fires can be more easily traced by law enforcement – was not included in the law.

The law passed by a vote of 104-43 in the Democratic controlled Assembly and 43-18 in the Senate, which is governed by a coalition of Republicans and break-away Democrats.

State sen. Jack Martins (R-Mineola) voted for the law, but released a statement on Monday before the vote that called for stricter enforcement against illegal gun owners and expressed skepticism of whether a stricter assault weapons ban would save lives.

“That’s where I’m disappointed with the governor’s approach,” wrote Martins in the statement. “His plan offers no serious discussion about the lack of consequences for illegal gun crimes – the very ones that are the core of 80 percent of our problem. That’s the proverbial elephant in the room and yet we somehow find a way to ignore it. We make gun laws only to then go soft on those who break them.

Martins did not return a request for comment.

Though the law was backed by the Republican leadership in the Senate, including Dean Skelos (R-Rockville Center), it also drew criticism from gun rights groups and Republicans who called its passage rushed and devoid of meaningful debate.

“Gov. Andrew Cuomo and the New York State Legislature orchestrated a secretive end-run around the legislative and democratic process and passed sweeping anti-gun measures with no committee hearings and no public input,” said the National Rifle Association in a statement. “Hammered out in a backroom in Albany, [the act] was quickly drafted and released 20 minutes prior to the Senate vote. It passed as the clock ticked toward midnight.”

The NRA also said the law would have no impact on public safety and violated the rights of law-abiding gun owners.

 

Reach reporter Dan Glaun by e-mail at dglaun@theislandnow.com or by phone at 516.307.1045 x203. Also follow us on Twitter @theislandnow1 and Facebook at facebook.com/theislandnow.

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