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Subscribe to RSSNew York Gov. Andrew Cuomo has signed what many consider to be the toughest gun control legislation in the country, expanding an existing assault weapons ban and limiting gun magazine capacity to seven rounds. NBC's Ron Allen reports.
New York lawmakers on Tuesday approved the toughest gun control law in the nation, expanding the state's existing assault weapons ban and addressing gun ownership by those with mental illnesses in the first major legislative action in response to the Newtown, Conn., school massacre.
The measure passed the state Assembly 104-43 after passing the state Senate 43-18 Monday. Gov. Andrew Cuomo quickly signed the legislation on Tuesday.
"This unfortunately required tragedies and loss of life to actually spur the political process to action," Cuomo said in remarks minutes before signing the bill.
"This will be the toughest gun control package in the nation," Sen. Jeffrey Klein, leader of the Independent Democratic Conference that shares majority control with Republican senators, had told The Associated Press. "All in all, it is a comprehensive, balanced approach that will save lives."
In a statement Tuesday, the National Rifle Association said it was "outraged" and called New York's gun control bill "draconian."
The proposal will include universal background checks, an assault weapons ban, aggressive prosecution of existing laws, and a high capacity magazine ban. NBC's Chuck Todd reports.
The vote came as lawmakers in other states as well as the federal government wrestle with how to reduce gun violence after a series of mass shootings.
Obama to release gun proposal as early as Wednesday
President Barack Obama is set to unveil his own proposals -- based on recommendations from Vice President Joe Biden's gun task force -- on Wednesday. He is expected to focus on both legislative measures and steps that could be taken through executive action.
These steps could include cracking down on people who lie on background checks and focusing on improving school safety and mental health care. A federal assault weapons ban would require approval from Congress.
New York City Mayor Michael Bloomberg applauded the state's bipartisan cooperation in a statement Tuesday, and suggested that it "sets an example for Washington to follow."
"The responsible and comprehensive gun reform bills the governor signed into law today will help keep guns away from criminals and others who are already prohibited from purchasing them," Bloomberg said.
Cuomo, who had called for an overhaul of gun laws in New York in his State of the State address last week, defended the provisions of the law.
"Seven bullets in a gun, why? Because the high-capacity magazines that give you the capacity to kill a large number of human beings in a very short period of time is nonsensical to a civil society," Cuomo said, according to Reuters.
Called the Secure Ammunition and Firearms Enforcement Act, New York's law:
- Bans possession of any high-capacity magazines regardless of when they were made or sold. Only clips able to hold up to seven rounds can be sold in the state. Clips able to hold seven to 10 rounds can be possessed, but cannot be loaded with more than seven rounds. If an owner is found to have eight or more bullets in a magazine, he or she could face a misdemeanor charge.
- Requires ammunition dealers to do background checks, similar to those for gun buyers. Dealers are required to report all sales, including amounts, to the state. Internet sales of ammunition are allowed, but the ammunition will have to be shipped to a licensed dealer in New York state for pickup.
- Requires creation of a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state.
- Requires any therapist who believes a mental health patient made a credible threat of harming others to report the threat to a mental health director, who would then have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her, as well.
- Stipulates that stolen guns should be reported within 24 hours.
- Tightens the state's description of an "assault" weapon. Previous state law defined an assault weapon as having two "military rifle" features, but the new law reduces that specification to just one feature
- Requires background checks for all gun sales, including by private dealers -- except for sales to members of the seller's immediate family.
One of the most controversial elements of the bill is the requirement on providers of mental health services.
"People who are mentally ill should not have access to guns, that's common sense," Cuomo said, according to Reuters. "That's probably the hallmark of this bill, coming up with a system that allows for mental-health screens."
Critics are arguing that the provision is unprecedented and draconian, but it is neither, said Art Caplan, head of the Division of Medical Ethics at NYU Langone Medical Center and an NBCNews.com contributor.
"For decades mental health workers have had an ethical obligation to report those they think pose a clear and present danger to others to the police and to the person who has been threatened," Caplan said. "Their codes of ethics require them to do so. The new law in New York now makes that reporting a legal duty and gives the therapist a clear set of directions as to how to report and to whom."
In a statement, Manhattan District Attorney Cyrus R. Vance, Jr. thanked legislators and said the bill will "provide law enforcement with stronger tools to protect our communities from gun violence, including provisions that better enable us to combat gun trafficking and violent gangs, and others that close the state gun show loophole and regulate large-quantity sales of ammunition and firearms."
Critics of the proposal had accused lawmakers of playing politics with citizens' rights and hundreds of gun manufacturer jobs.
"We haven't saved any lives tonight, except one: the political life of a governor who wants to be president," Republican Sen. Greg Ball, who represents part of the Hudson Valley, said after the Senate vote on Monday, according to the AP. "We have taken an entire category of firearms that are currently legal that are in the homes of law-abiding, tax paying citizens. ... We are now turning those law-abiding citizens into criminals."
Assemblyman Marc Butler, a Republican, represents the upstate district where gun-maker Remington Arms Co., which employs 1,000 workers, is based. He called the closed-door meetings by Senate Republicans and the Democratic majority of the Assembly "politics at its worst."
Remington builds Bushmaster rifles in Illion, N.Y. Bushmaster semi-automatic rifles were used in the Newtown shooting and in the killing of two firefighters in Webster, N.Y.
The NRA expressed skepticism about the new law in a statement Tuesday: "While lawmakers could have taken a step toward strengthening mental health reporting and focusing on criminals, they opted for trampling the rights of law-abiding gun owners in New York, and they did it under a veil of secrecy in the dark of night."
"This legislation is not about hunters, sportsmen, or legal owners who use their guns appropriately," Cuomo said. "It is about reducing gun violence and making New York a safer place to live."
Legislators in other states also are moving forward with gun control legislation.
In New Jersey, one of 18 new gun bills submitted to the legislature would require gun buyers to submit to a psychological evaluation. A bill requiring gun owners to register annually, and another requiring all guns to be kept in lock boxes when not in use may be introduced in California. In Connecticut, state Sen. Beth Bye wants to limit access to assault weapons and high-capacity magazines, and require that firearms be registered by model and serial number.
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More political theater by these bungholes in office.
Welcome back to the Great Society; before you know it they'll be rebuilding Cabrini Green.
Having secret closed-door meetings that result in laws that people have to obey is illegal. The New York State legislature committed the foulest assault on their own people by enacting laws before the people themselves had a chance to comment on them. Any law that is contrary to the United States Constitution is illegal. You want to change the law on gun possession, then change the constitution by asking for an amendment first. Coumoism is not going to be president of this country.
I'm not quite sure why you think the legislative branch of the United States must consult with, entertain comments from, or hold a vote among the general public before making law, but you're seriously deluded.
I disagree with the provisions of this useless "gun control" package, just as you do, but for very different reasons. I disagree with it because it's toothless, worthless, and sure to be a completely pointless exercise in futility. What we need is a national gun control policy that actually DOES something. It is incumbent upon the government of this country to protect its citizens, the Second Amendment be damned. The First Amendment appears to give the unilateral right to free speech, yet our society and government regulate speech all the time. The Second Amendment isn't any more sacrosanct than the First. Guns MUST be regulated.
Think,
If our gov't cared they would secure the border and declare gangs a terrorist orginzation. Gangs are responsible for more gun violence and murder than all of the nut jobs combined. This feel good crap does nothing but enable the criminals and hurt law abiding people.
You are so right! They didn't act this fast when the illegals were coming across the border!
Sign this petition on https://petitions.whitehouse.gov/petition/enact-legislation-will-provide-mental-health-assessments-people-currently-owning-guns/ZDmYD9M1
Enact legislation that will provide mental health assessments for people currently owning guns who may be
having mental health issues. While background checks need to be mandatory for all purchasers we need a mechanism to address the problem of current gun owners or people residing with them who may have slipped into mental illness.
There should be a way for family, law enforcement, neighbors, and other concerned citizens to request an evaluation. If the person is found to be mentally ill by a competent mental health professional, a legal hearing should commence to adjudicate the removal of the guns and that name be placed on the registry to prevent further purchases.
Jesus Christ. Lowering the defining characteristics of assault weapon from two to one, and reducing the maximum number of rounds in a clip from 10 to 7, and threatening a scary "misdemeanor charge" and THIS is the nation's toughest gun control package?!?! Why not go and just spit on the tiny little graves of every first-grade Sandy Hook massacre victim while you're at it?
You may expect the carnage to continue totally unabated, gun nuts. No need to worry.
This is pathetic.
You should check this out to get additional information on the Sandy Hook massacre, tp://m.youtube.com/watch?v=Wx9GxXYKx_8 you will need to add ht to the front of if because they strip out the url.
Cheap politicians, led by a mafia Don lookalike governor, have figured a way to simultaneously pass ineffective legislation and cause people and businesses to leave the already shrinking state. Excellent!!
Liberalism is cancer!
This has nothing to do with liberalism. There are plenty of conservatives advocating for tougher gun laws because they don't like seeing citizens and children being murdered in mass shootings any more than liberals do.
But hey, thanks for playing, and thanks for contributing nothing at all to the political discourse of our nation.
Authoritarianism FTW!
The criminals are going to love this one. Hey NY have you looked at how well gun control is working in Chicago...IT'S NOT!!!
When those who kill in the commission of a crime are put to death and when those who commit violent crimes are not ever allowed to be free among civilized people the violence they perpetrate will stop. Refusing to execute murderers and the current revolving doors on our prisons is the problem. Until this reality is faced there will be no change in what criminals do with guns.
New York will pass more legislation making it more and more difficult for law abiding citizens to own guns, while the criminals -- the ones who will never register their illegal guns anyway -- are laughing all the way to Detroit. They will buy lots of guns from the gangs there, put them in the backs of their cars and simply drive into New York and distribute them to other gang members. Mario Cuomo will never have a clue as to where those guns are coming from. New York -- the Nanny State -- will never understand why their massive anti-gun laws are not keeping citizens safe. It's a nut house up there.
I believe there were 7 mass shootings in the US last year. From 1986 to 1996, Australia had 11 mass shootings, but hasn't had any since 1996. Read the linked article to find out their solution.
​/blogs/crime/2012/12​/16/gun_control_afte​r_connecticut_shooti​ng_could_australia_s_laws_provide_​a.html
This law will NOT stop the criminals and gang members that ALREADY have these weapons and use them. Round up the gang members and you can solve 90% of the problem. Crazy people will also steal them from their parents or other homes and use them in crime. People are the problem! When will you ever learn that!
If this law passes then I have truly lost all hope for my state. We have some of the toughest gun control in the nation and we still deal with high crime. This is the first time I can truly say that I no longer feel safe living in NY and are considering relocating to a State which actually respects our Constitution and Bill of Rights.
I can't believe that the Republican controlled State Senate voted in favor of this so quickly. So you can bet exactly which way the Democrat controlled Assembly will vote for.
This dumb law is going to cost people their jobs, plus prevent people from achieving reasonable means of self defense. Both of these will cause the state to lose even more money (Income taxes + taxes that come from firearm purchases) We can't afford to be denying tax revenue and putting more people on unemployment while our country deals with an insane national debt. This is a serious mistake NY is about to make. Its not just about firearms, its also about preserving our Constitutional Rights. Which Guaranteed Freedom will be taken away from us next?
I'm all for keeping firearms out of hands of mentally challenged individuals and criminals. But don't take away MY right to protect myself and my family.
"They who would give up an essential liberty for temporary security, deserve neither liberty or security"-Benjamin Franklin
This LAW looks SOUNDS WATERED DOWN. YOUR giving the DEALERS the BACKGROUND CHECK PROCESS?. That ALONE is a MAJOR LOOPHOLE. Most dealers DO NOT INVENTORY their GUNS. Their is NO LAWS for it.
So PLEASE what kind of SHANANIGANS are these POLITICIANS up to???? It is a MAJOR JOKE !!!!!
The VERY ONES they should be after (DEALERS, INTERNET, MFG'RS, NRA) to CLAMP DOWN are as always given the FREE RIDE without any NEGLIGENCE attached. They are getting away with MURDER. WHY FOLKS ???????
Alain Deflandre,
Out of all the people posting you win. You don't know what you're talking about. You have no basis for your opinion.
You don't know what a Dealer is.
How about educate yourself before posting in the open.
Start with what an FFL is, what a licensed dealer is.
You might also want to look at this mythical "Gun Show Loop hole" too.
You do realize you have to be an FFL dealer to sell a weapon at gunshow. If you're at a gun show and get caught selling a weapon without an FFL you go to jail? (and yes BATF and the Sheriff's office have been at EVERY gunshow I've ever been at)
Do some home work, maybe go talk to a gun dealer... learn for yourself instead of trusting the internet.
They CALL THIS TOUGHEST !!!!! OH MY GOD !!!!!!
Pardon me, Gov. Cuomo, but of the 774 murders in your state in 2011, five were committed with a rifle of any kind. You moron. I think you need some psychiatric counseling to help you get over your irrational fear of inanimate objects.
Name-calling aside, I agree with you that we need legislation that addresses handguns and concealable weapons, not assault rifles. Good call.
Clotho
Perhaps you should specify which state you are speaking about? If you do ANY research in NYC (the city not the state) you will find that of the THOUSANDS of carry permits (concealed or other) 6000 of the 8000 that have been issued belong to current or former law enforcement people. The NEXT group are private eyes and "couriers" to the tune of about 1200. That leaves about 800 who have both enough MONEY and CONNECTIONS to get approved by the police commissioner. Obviously there are MORE than enough controls on CCW in NYC.. you just need MONEY.
Interesting fact.. the NY and NJ police have repeatedly been caught selling ILLEGAL firearms out of the back of their vehicles.
"current owners of higher-capacity magazines would have a year to sell them out of state."
I would never sell my hi-cap magazines if I lived in New York. Nobody is going to do so either. Are they going to the homes of law-abiding citizens?
Wow thanks for cenzoring r a i d. I can't say r a i d the homes of law-abiding citizens. That is what you would love to do!
raid ...Are they going to raid the homes of law-abiding citizens?
see nobody is censoring the word raid, you simply thought you typed and didn't...happens all the time...take it as an example of the degree of your paranoia
Well then how are they going to be able to tell who registered their guns and who didn't culheath? How are they going to know who even owns a gun and who doesn't? They'll have to do house to house searches won't they?
I would imagine they will propagandize the kids at school to turn their parents in. Or barring that, the government will just sit around checking comment sections of gun nut web sites seeing who brags about their unregistered firepower and then tracing their names & addresses through the internet providers. It won't take long.
If high-capacity clips are against the law, and you continue to keep them, guess what? You're no longer, by definition, a "law-abiding citizen." :P
Why I am glad I do not live in New York, or any other blue state. They are full of children that need Big Brother to take care of them.
Hahahaha confiscation was on the table. I would LOVE to see that. No leo in their right mind would go into a legal gun owners house and say "open the safe". If the governor hates gun so much and thinks he has a good plan, why is he pawning off the higher cap mags to other states? Is it ok for other states to kill eachother? What a loser/ communist pig.
Speaking of David Koresh...
Sure, we'll go there. Few hundred religious nuts with a few rifles and some grenades. Multiply that times 100 million or so for the registered, legal gun owners in the country. I really, really hope it doesnt come to that though. For those that think 7 rounds is enough, go through the ghetto at night with a revolver that holds 6-7 rounds. Feel safe enough?
Come one, come all, serving NRA-KOOL-AID to the faithful. heh, heh
It is really pathetic to see all the right-wing-NRA-Kool-Aid-Sipping nutcases posting BS. WTF is somebody going to do with a 30-100 round clips?? Oh yeah, the NRA doesn't want to ban any clips, and that includes the 100 rounder too.
You know, liberals can outshoot right-wing-azzholes any day in the week! How come? Because right-wing-NRA Kool Aid Sippers adhere to "spray-and-pray" type shooting. Why else would they want big magazines? Because they can't hit the side of a facking barn, that is why. ha ha
Liberals like me, we have Rem 40x and Winchester Model 70, all bolt action, heavy barrels. For pistols, it is the trusty 1911. However, the right-wingers, with their beady-eyes and most of them crosseyed too, want Glocks and all those pistols with super magazines that shoot dam near over 20 times with out reloading. Spray and Pray. That is what the rightwingers do..
Whereas, we liberals can hit a gallon paint can at 1000 yards.. Oh yeah. On the handgun, the 1911 was our main service weapon for 52 years. Only when NATO, wanted everybody to haver the pipsqueak 9mm, because they couldn't shoot either..
Lastly, I don't sip on NRA KoolAid. Yes, I am a liberal, and a shooter, but I cut the NRA loose when I found out the NRA will deal with the devil just as long as the devil is against gun control. I am for banning them dam assault rifles, they have no sporting use. What ever happened to be alble to shoot straight? Plus, most of them NRA members are ugly and pot bellied too. Ho ho ho..
TruthBeTold1226-6707403 - Here is an idea for you: I'm not breaking the law to begin with, so it is none of your business what kind of gun I own or how many rounds it holds - if I'm shooting paper targets, maybe I just don't want to lose time reloading so much. And my guess is you couldn't hit a dumpster at 50 yards. What is really pathetic is a goverment that has gotten so big it thinks it get to tell the citizens what to do. Elected officials should remember that they can be un-elected too.
The magazine for your 1911 is now illegal in New York. Speaking of spray and pray why are all of these mass murders liberals like you? Loughner, a self proclaimed enlightened was the son of two Democrat County Board members and the the Sheriff covered up foR him. The Aurora shooter when from being a conservative kid to an OWS militant, the UVA shooter... college kid, definitely and "enlightened liberal and lastly the "gifted" murderer in Newton. Yep these Blue States are just fool of fools that are empowered by the fools in the Legislature. You must be proud.
Lastly for all of you bombastic claims about your marksmanship..... XBOX does not count. Want to impress us? Move out of your Mom's house and support yourself and your country.
Ban all the 'clips' you want. My guns take magazines. I'll keep 'em! If you truly are a gun owner, you would know the difference and the correct terminology! Why are all you anti-gun people so angry and nuts? You should not own guns, or any sharp and objects and should seek medical attention ASAP.
What a bunch of bull-chit: I don't care how good you THINK you are, you're not going to stop a pack of charging wild pigs with your bolt action rifle.
Close your eyes and imagine the pig scene in "Ol Yeller".
NoMoreTax, I can see the NRA Kool-Aid dripping from your liver lips. Correct terminology my aunt minnie. I don't use those assault type weapons or guns with big mags. Terms? I shoot in NRA 2700 point 3 gun competion. I use 1911, and Hi Standard Military. I hunt with a K-22, and Super Single Six for small game, and Model 29 for large game. For competition, with my 1911, which I use for center fire and 45 matches, 200 grain hard cast bullet with Hensley and Gibbs mold, with 3.5 bulleye. In my Model 29, I use a 210 hard cast gas check bullet with 21 grs 2400. I also, have a Remington 788 in 44 mag for back for the 29, if the shot is too long. Bagged one deer with the 29. Small game fall easy prey to my K-22.
Sporting guns, that is what I use. Now, some right wing nut replied, he likes to shoot a lot, that is why he wants large mags. Give me a facking break. The assualt rifle has one main purpose, and that is to kill, and kill quickly. The 223 was made so a soidier could carry more rounds then a 30 cal.. The 9mm was made standard, because most peep can't shoot.. You right wingers included.
Terminology? All you know is what you have been spoon-fed by the NRA..
Spray and Pray, that is what all you right wingers are about. BTW. I ain't pot-belly either. HO HO HO
Sure you do. If you do shoot NRA matches, then you would know that the AR15 is one of the most common firearms used in matches. Everyone is great shot when they are talking and hiding behind their keyboard! Nice try though.
Everyone should check this out, & then decide what this is really all about! The ultimate goal is to know where all the guns are so when martial law is declared they will know where to go to confiscate the guns. The 2nd ammendment is the only thing that is saving us the US from moving towards a one world government.
They pulled the url: if they pull it again use this url, but add ht to the front of it. tp://m.youtube.com/watch?v=Wx9GxXYKx_8
4JBS-No truer words were ever spoken! I am just waiting for the start of another civil war!_
The only way they will get any of my guns is by prying it out of my cold dead hand. There will be major revolt in this country before this is all over if the federal government follows suit and trys to take peoples guns. I am a law abiding citizen that has worked and paid taxes for 40 years. Again... you try and take my guns and this law abiding citizen will no longer be law abiding. Period.
I'm with you Steve!
This is out of hand...the fact that confiscation was even mentioned should worry everyone. Lets see...it started with Bloomberg telling people what they can and can't drink now the NY government wants to push for even more restrictions on an already tough gun law state. They will be trying to disarm the whole state in the next few years...all the politicians need to go and not just in NY. This is becoming a very scary government to live under.
The only thing this law will accomplish is make criminals out of honest gun owners. The criminals and lunatcis will still be able to commit senseless acts of violence. Remington Arms, a multi million dollar corporation founded in 1816 is located in New York. They should take all their jobs and tax dollars and move.
Chicago also has some of this nations toughest gun laws yet 250 school aged children died there last year from gun violence. Yet we only hear about 26 kids in Conneticut. Make all the "feel good" laws you want but know that it won't stop people with evil intent. Criminals don't care about laws. The guy in Conneticut stole a firearm (illegal), used it to kill its owner (illegal), transported it in a vehicle without a C.C. permit (illegal), took it into a school zone(illegal), and then shot people (illegal). Do you really think any law would have stopped him or that he cared about the law?????
It is not about criminals "caring about the law". By your rationale, we shouldn't have any laws because only non-criminals would follow them anyway. It's utter nonsense.
It's about guns being incredibly easily and available. If guns are far more controlled, registered and difficult to acquire, everyone (including criminals) would have far less access to guns. An estimated 200 to 300 million private guns are in the country. If they were more tightly controlled and we had less of them, they would be a lot more difficult to get.
The fact is, a person who is on the terrorist no-fly watch list can go to a gun show and legally acquire a pile of firearms without any registration or application. That doesn't seem right.
Hope that makes sense.
@Clotho Really???? Drugs are illegal so hows that ban working for you? They sure are easy to get aren't they. If you ban something, then only the criminals will have it. That's the point I'm making..................
With the vast majority of mass shootings happening in blue states, I'm sure the new laws, in addition to the many other laws, will increase the violence. I sure wouldn't want to be a liquor store or convenience store owner now. Might as well just walk around with a giant target. Or a sign that says :"rob me, I'm unarmed".
Let's see what's in blue states that would cause more mass shooting or more homicides in general?
Oh yeah... lots of people in big cities. And what's in most red states? Oh yeah...almost no people.
Than how do you explain Japan where even without guns they have a much lower assault crime rate as well as lower non violent crime rate? Population density doesn't necessarily mean higher crime rates. People thought during a recession crime rates would increase but instead crime rates have decreased.