The New York State Assembly passed comprehensive gun legislation on Tuesday to diminish gun violence in the state.
Among the legislation passed is the “Red Flag Bill” that blocks a person deemed to be a threat to the safety of themselves or others from buying a gun for up to a year. A petitioner, which can include a police officer, family/household member, or school administrator can submit a sworn application explaining why that person believes the prohibition should be granted.
Additional legislative measures were passed regarding background checks. One bill requires a 30-day waiting period before someone who did not immediately clear a background check can purchase a firearm. During a background check (NICS), a response could allow a seller to “proceed” with the sale, cause the sale to be “delayed” until further determination, or the sale could be “denied.” Prior to the passage of the bill, three days after “delayed” responses were given, the sale could be completed. The recently passed change requires a “proceed” response to continue unless the “delayed” response is given and 30 days have passed without an updated “denied” response.
The other legislative item related to background checks allows the state law enforcement officers access to mental health records of individuals who own homes in New York but are citizens of another state when they apply for a firearm license in New York.
Further legislation blocks school administrators from arming educators and school employees schools in the state, limiting possession of firearms and weapons to law enforcement officers and other authorized security personnel.
The last group of reforms include illegal firearms and modifications. The legislature banned the “possession, manufacture, transport and disposition of rapid-fire modification devices.” These include devices such as bump stocks, trigger cranks, and other modifications allowing for rapid fire of ammunition. This adjusted the current law which only prohibited the attachment of the devices to firearms not the sale or possession of the devices themselves.
The second part of the legislation involving illegal firearms creates a buyback program allowing individuals to voluntarily turn in their illegal firearms without being punished for possession and receive a cash reward.
Commenting on some of the reforms, New York Governor Andrew Cuomo stated,
No one wants to take guns from legal owners who are mentally healthy. We don’t want people who are mentally ill or past felons to have guns. That’s all this is. And any reasonable American who looks at what’s going on in this country, I believe agrees with that, if we can just de-politicize it.
