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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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There is not a single person in the state of New York who should abide by this legislation.
your absolutely right, because of this legislation, i am now a criminal?? How many other law abiding NY'ers are now considered in volation because of this absurd, "stepping on our rights" legislation that doesn't solve the problem? The time is coming...
Actually, if you are breaking the law, you are, by definition, not "law-abiding". You may disagree with the law you're breaking, but you're still a criminal.
I cringe every time someone says that the bad guys don't follow laws.
We aren't having these debates or discussions because some young black kid shot another in a city. We are having it because some young white kid shot a bunch of people in a mall, in a theater, and in a school. The "illegal" guns are mainly used for crimes against other criminals or in drug areas. The issue here is that the weapons used for mass murder was "legally" purchases weapons used by spoiled white kids.
I bring up race above to point out that some people are purposely using blinders on the real issue here.
you are really stupid,ignorant and most of all a dem that is stupid,ignorant and did I say stupid
you write, that sentence, and, call me, stupid.... LMAO
Ok I will rephrase it to match your level.
Why dem black people gotta shoot us?
TJNJ,
Seems you might be using blinders yourself. The issue is gun violence not race. You appear to think it's ok when gangs use guns to kill. Yet, anti gun people use all gun violence numbers to state their case. Open your eyes a bit. The biggest gun violence problem is the gangs. They kill more than any of these nut jobs do. They recruit kids into a life of crime yet the gang problem is always ignored when it comes to gun violence. Nobody likes to see these type of tragic random events. The one way to reduce the gun violence is to delare the gangs a terrorist organization. Lock them up and keep them locked up. The gun violence would be reduced tremendously. To say otherwise is to deny one of the biggest problems.
@TruthBeTold1226-6707403....you sir are an idiot.
Go ahead!! Just leave the South alone! We know how to handle guns.
hahaha...that's a laugh and a half... ya'll know how to handle your guns? cause the civil war worked out so well for ya... oh wait...
It's gonna come down too gun owners reporting that their guns got stolen. That way they can't be confiscated when the time comes too disarm every citizen.
'Albany to protest the legislation they say could cost 300 to 700 jobs in the economically hard-hit Mohawk Valley.'
People need to stop using the crappy economy as an excuse. in what world will gun sales drop so drastically that people will lose their jobs. if there aren't any 'assault' style weapons people will choose a different gun. puh-leeze! you will see an increase the sales of other kinds of guns in NY state... hands down.
I have mixed feelings about this. If this is what the people of New York want, so be
it. I live in the Midwest where feelings and conditions are different than NY.
We would never put up with this but we are not NY. You get what you vote for.
You can say, well, I didn’t vote for this, well it looks like a lot of people
voted for politicians that did want this kind of law. It is my opinion that NY
has now cemented itself in the top three worst and most screwed up states we
have. Illinois is still in first place but now NY and California are tied in
second. If this passes and becomes law I feel that you have created a disaster just waiting to happen, and it will. Good luck, glad I’m not part of it
I live here and I hate it i would move but I'm stuck in a house worth about $150,000 less than I owe on it, the entire state is run by geographically a tiny portion of the country. NYC basically dictates to the entire state, this is not popular legislation where I live. Most of NY is rural and country, but there's nothing we can do, every hipster liberal dipwad moves to NY and forces this garbage down our throats as well as gay marriage and every other form of nonsense you can think of.
Mike.D
Thanks for the info. I kind of wondered if that might be the case, hope you guys come out OK.
Challenge any attempt to tear up the second Amendment in the courts. Keep at it until it gets thrown out like the Washington DC law. Gun owners ignore the law its unconstitutional.
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Benjamin Franklin
"All political power comes from the barrel of a gun. The communist (Democratic) party must command all the guns, that way, no guns can ever be used to command the party."
- Mao Tse Tung (Barack Obama)
New York is now further disarming law abiding citizens and allowing thugs to be armed.
How about banning thugs rather than making law abiding citizens into criminals for exercising their constitutional rights.
"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
- Thomas Jefferson
Kudos Governor Cuomo!!! I wish more could think rationally about this..Can someone please tell me why ANYONE would need assault rifles and high capacity magazines? As a parent and educator we need stricter background checks, mental health input, and bans on these killing machines. I am not naive enough to know that if someone wants to kill, they will find a way, but why not make it harder to get these weapons..Jeez some state ban fireworks which are much less lethal than guns..I hope more state's follow suit and I hope the President sees to it that the laws are changed..What if you were one of the parent's of one of the Newtown, Aurora,.or VIrginia Tech victims...I am for the second amendment and believe in the right to bare arms, but I doubt our founders could even imagine the Bushmaster AR-15 in their drafts..Time to rid our country of these killing machines and DAMN the NRA for instilling fear in regular gun owners..Think people, or maybe that's the problem..you don't think..
Any rifle that is semi-automatic could be classified an assault weapon. The only difference is some are black and have a plastic stock and look scary. Others have a wood stock and look like a traditional hunging rifle. In reality there is no difference in operation.
And as far as violence far more is done with pistols. If you wanted to conduct a school attack it would be far easier to carry a couple of semi-automatic pistols in your coat pockets and be undetected than carrying a rifle across campus and into a school.
In the mass shootings over the last 20 years 75% of the weapons were semi-auto pistols, shotguns, and revolvers. Only 25% were semi-auto rifles.
And ponder this. Nationally it takes on average 8 minutes for cops to arrive when called in an emergency situation. In those 8 minutes a deranged individual with a couple of pitsols and multiple clips can cause carnage. When you make schools free fire zones with no one able to step in and defend your students the casulties will be horrendous until the cops get there. Now if we vetted and trained a few teachers and administrators to carry concealed weapons like we have done airline pilots someone can respond and stop a shooter. If we trust airline pilots with a weapon at 30,000 feet with 300 passengers cannot we trust a teacher or administrator. If passengers on an airplane deserve security don't our precious kids deserve the same?
Notice to amy and other city folks.
Those rifles you refer to as "assault rifles", ARE used by hunters in my area. And I'm glad they have them.
#1 - The damn coyotes like my chickens.
#2 - javelina or skunk pigs travel in large packs, and destroy everything in their path. These wild pigs are no more than giant RATS. I'm happy to see the hunters when the bring their "assault rifles" onto my property. How would they stop a couple dozen mad pigs with 7 rounds.
#3 - I'm sure y'all have thousands of cops with-in seconds of your home, but it takes at 45 minutes for us to get one out here.
#4 - Thousands of rattlesnakes come out EVERY summer. They are sometimes hard to hit. Three rounds may not be enough.
Hey stupid: Without guns, we can't live out here. And without farmers and ranchers YOU can't eat.
Amy
so tell us all how the so called assault rifle is even in the discussion? You people jumped on the bandwagon of the media and pollys with no reality of what happened. The weapon you you lefties are crucifying was minding its own business in the back of the car. I refer to it as having life since you dems think guns kill and not the people.
amy: Your statement about the NRA can be applied to the 20 plus anti-gun national gangs in this nation. The foremost is the brady bunch.
"In 2001, Handgun Control, Inc. changed its name to Brady Campaign to Prevent Gun Violence. The organization originated (1974) as the National Council to Control Handguns (NCCH), a group which lobbied for government restrictions on the right to keep and bear arms through support for restrictions on the manufacture, importation, sale, transfer, and civilian possession of handguns. The organization voiced a desire for an eventual handgun ban through gradual steps, but changed its name and espoused goals due to results of a survey. In 1991, then HCI amended its Articles of Incorporation to reflect its support of restrictions on rifles and shotguns as well."
Amy,
so what did you think our fore fathers just figured we'd never advance in technology and just use muskets for the rest of existence? tell me something, how does any of this stop a criminal from getting his/her hands on an "assult rifle" (that term is thrown around so loosely it's pathetic)? 'bout the only thing it does is make my pistols illegal since they hold 9rds, my .22 holds 10rds, the S&W M&P15 that came with a 10rd magazine is now illegal... hope NY is going to buy me a 7rd mag cuz i sure the hell aint, and i'm not getting rid of the 10rd magazine aswell. So all this BS did was turn law abiding citizens into criminals, Como is a joke, and thats all he'll ever be, maybe more people will realize it now and get his sorry a$$ outta office!!
I want as many rounds as possible to protect myself from the Government taking away my rights and making me register something the Constitution allows me to have. I also want to protect myself against people who describe themselves as a parent and an educator as if either were special in this day and age. Laws are directed at the law abiding, not those doing the killing and a total ban on guns in China didn't stop 22 children from being mass murdered the week prior to Newtown, although am sure you're happier they were all stabbed to death. People who emotionally pass ineffective laws to make themselves feel good, smarter and superior to others, such as you, are a danger all Americans need to protect against. You think you're smart, when in fact you're an emotional hysteric who does the easy thing and doesn't care about the rest of us.
That's right NOBODY needs hi-cap magazines and assault weapons, why anybody needs those killing machines loose on the streets must want them to run with blood. And since the founding fathers could have never imagined it and they serve no justifiable purpose in society they must be removed. Of course taking all the hi-capacity weapons away will mean a significant cost to the police departments as they will have to replace everything with revolvers and lever action rifles but that's a small price to pay for our children's safety. After all only a brutal dictator would want a police state where the police are armed with killing machines.
And there is the "catch-all" folks... NY State can basically declare whoever they want a danger and confiscate guns with nothing more than a recommendation from a therapist or court order. Will they start looking at anyone who has received an anti-depressant prescription or anxiety medication in the past two decades and start taking weapons?
This is essentially an edict to allow the state to take any and ALL weapons not just assault weapons from you.
Well, I guess I'm done visiting New York City and Saratoga Springs and anywhere else in New York. I vote with my pocketbook. All this will do is result in a lot of taxpayer money spent as this will end up being challenged in multiple state and federal courtrooms. It won't make anyone safer. It's just political grandstanding. Pathetic.
You don't think that reducing magazines from 10 rounds to 7 rounds makes you safer? I feel safer already...
Ten is far SHORT of what we need in this area.
WE usedto spenda week each year in Saratoga for the races. Cancelled the reservation when I read this and we'' go out West and spend money in real America.
the only thing new york just passed is gas...
Chicago has the toughest gun laws in the country. How is that working out? Hold on to those guns folks or else only the Criminals will have them. The only reason they want to take our guns away is that we might Harm a criminal that breaks into our home. Bunch of damned knee jerking Fools that we have elected, and are going to throw them out of office come next election.
"Police would create a registry of assault weapons. Those New Yorkers who already own such weapons would be required to register their guns with the state. Current state law defines assault weapons as having two "military rifle" features, but the proposal would reduce that specification to just one feature and make the unsafe storage of assault weapons a misdemeanor"
...and ALL the criminals with all the illegal guns with do this??? Give me a break. I guess the old saying is coming to truth; "When your LEGAL guns are taken away, only criminals will have guns (no matter what kind of gun it is)."
The registry is what makes me want to own an illegal gun or nine.
When you register your weapon in New York, your name and address will be published so criminals know where to steal them. That way the government can get rid of your protection without storming your home. Wow; What a plan.
So one "military rifle" feature? Like the color black or shoots bullets? This is crazy, the m1 garand of 1936 and the 102 year old 1911 pistol holds 8 rounds! So does just about every .22 rifle.
Judging by the a lot of these posts and the overall general stupidity of which most people in the country now operate, it seems the only safe thing to do is in fact - arm yourself. Look, anyone taking the time to make a law and certainly those applauding the law without the realization that the segment of the population of which law abiding citizens should be concerned could give a rats ass about a law are either dumb. stupid or delusional.....there are people with AK 47s and AR - 15s in NY right now and do you really think that they will turn them in because a law was made? Hell, they more than likely purchased them on the black market illegally in the first place. It seems that Americans by and large are very stupid......and yes I am an American but it seems the country is insane.....Horray we made a law, so we care....but it changes nothing.
I saw Cuomo's frenetic speech last week that preceeded this legislation. Never let it be said that he won't use a crisis to (try to) advance his political career. All New Yorkers should wonder what promises he made to force this on all of them; I guess it'll be a while before they figure it out. Two things are certain. One- it will get challenged in the courts as being too restrictive of the 2nd amendment and Two - with his stance on this, he has killed any chance that he once had of being elected to be the Pres. in 2016.
so what, now im a criminal because of the 10rd magazine that came with the AR i purchased legally, F U Como, ur BS legislation does nothing but turn law abiding citizens into criminals. You politicians just dont get it do you, is it really that hard to see, such incompetence is unbelievable... do u really think the true criminals care about laws u pass? You're all just a bunch of useless wastes of space. Your legislation is a joke along with your motives. All the more reason to leave this god forsaken state.
This is about a phobia. Its about people afraid of guns. Some folks are afraid of closed spaces, but we aren't going to outlaw elevators.
I know a man so scared of water, he can't use a shower. He sits in a tub with less than 2 inchs of water.
Why should the rest of us modify our live because of other folks phobias?
New York lawmakers are poised to pass major gun control legislation that would expand the state's existing assault weapons ban and address gun ownership by those with mental illnesses
If someone has no previous history of mental illness HOW the heck are they going to detect this! DUMB law!
1100 gun laws didn't work, but to liberals 1101 must be the magic number. Knee jerk reaction by knee jerk liberals and will fail like everything else they do.
A Knee-Jerk reaction from well.........Jerks
New York you deserve to burn. I hope Remington leaves your cess pool of a state and relocates. All Patriots should start talking to real estate agents and sending out resumes to other states. I will never vacation in NY, or visit there ever again.
Let's not get too crazy until we see what the people of New York do about this. After all it's not their fault. YET!
I've been to New York city many times. Great people. Those that I met on the street were real, down to earth folks.
I have been to New York on one occasion, didn't care for it at all. Good pizza, thats about it. I was literally planning a trip next year to go to The Met, but that has been scrapped. Instead I just booked a vacation for San Antonio, TX.
Jesus man...come on. Not every NY citizen is a died-in-the-wool Libby.