http://www.state.ny.us/governor/press/year00/aug9_1_00.htm
FOR IMMEDIATE RELEASE:
August 9, 2000
GOVERNOR PATAKI SIGNS LEGISLATION TO COMBAT GUN VIOLENCE
Law Makes New York the First State in the Nation to Close the Gun Show Loophole
Governor George E. Pataki today signed into law comprehensive legislation to combat gun violence, including a provision that makes New York the first state to close the so-called gun show loophole by requiring background checks on prospective purchasers for all sales at all gun shows.
The law also requires that firearms be sold with child safety locks; imposes a State ban on assault weapons; raises the minimum age to obtain a permit to purchase a handgun to 21 years old; implements a DNA for Handguns program; establishes a gun trafficking interdiction program; and, directs a study to be conducted on "smart gun" technology.
"This important legislation will help make our streets safer by reducing gun violence in communities across our State," Governor Pataki said. "These common-sense measures will help keep guns out of the hands of criminals and away from children .
"While New York State leads the nation with a 39 percent drop in violent crime since 1994, we still have too much gun violence in our communities," the Governor said. "Each year more New Yorkers are killed by guns than die in car crashes -- and that must change. This new law will help."
Senator Frank Padavan said, "By signing this bill into law, Governor Pataki brings closure to a process that began with the massacre of children in a school playground in Stockton, California more than a decade ago. There is no place for military-style assault weapons in a civilized society. New York law now makes that crystal clear."
Assembly Speaker Sheldon Silver said, "With this new law, we finally provide New Yorkers with the common-sense gun laws that the Assembly has sought for years. This new law strengthens our efforts through the 'Ari's Law' provision I sponsored to halt gun trafficking. It also bolsters our efforts to keep guns out of our state, particularly those capable of mass destruction, and out of the hands of dangerous criminals. It mandates trigger locks on guns sold here and requires responsible gun storage so that horrible firearm accidents involving children can be prevented. And it makes the sale of weapons at gun shows subject to the same driver's license and criminal background checks as already apply to purchases made from traditional gun retailers."
Congresswoman Carolyn McCarthy said, "New York State has once again taken the lead in the nation on gun safety issues. As I've been saying for a long time, gun safety issues are bipartisan, and Governor Pataki's hard work and dedication to stopping gun violence proves it! When I'm back in Washington, I pledge to hold up Governor Pataki's gun bill to my colleagues and say, 'Look what can be done if we work together. Lives can be saved.'"
Catherine Murphy, whose 11-year-old son was accidentally shot and killed by a friend, said, "I thank Governor Pataki for inviting me to witness the signing of this very important bill. Being a Police Officer, I taught my son about gun safety and what a gun can do and how it can take your life. I've also worked since my son's death to make sure that adults understand how important it is to keep guns locked up and safely stored away from children."
Alfredo Valentin, whose 17-year-old son was shot and killed in the Bronx, said, "While I'm not the one signing this bill into law, I feel that if my son and his best friend's death and my family's work with anti-gun violence groups had an impact, then maybe today there is some meaning. For me, the most important part of the Governor's bill is the ballistics tracking system. It will help the police trace the gun and discover its origin."
Richard M. Aborn, former President, Handgun Control, Inc., and member of the Board of Directors, New Yorkers Against Gun Violence, said, "The passage of this multi-dimensional bill not only places New York State firmly at the lead of states with the most effective gun control laws in the nation, but also demonstrates precisely the sort of creative and comprehensive approach that must be taken if we are going to achieve permanent reductions in gun violence.
"Governor Pataki's leadership has proven crucial to advancing the public safety agenda. The Governor's bill smartly ties together steps to prevent gun crimes from taking place. If the highest calling of the criminal justice system is to prevent crime from occurring in the first place, which I believe it is, the Governor has certainly met that calling."
Closing the Gun Show Loophole: Effective upon the Governor's Signature
Under the federal Brady Law, sales of guns by federally licensed firearms dealers must be accompanied by a National Instant Criminal Background Check System (NICS) check on a prospective purchaser. Gun shows are not subject to the Brady Law unless a sale at the show involves a federally licensed dealer. This legislation requires similar background checks for all sales at gun shows in New York State. Effective upon the Governor's signature, New York will be the first State in the nation to close the so-called gun show loophole.
Intentional failure to comply with this requirement, in the case of the gun show operator, will result in civil action by the New York State Attorney General, carrying a fine of up to $10,000. A seller's non-compliance with this requirement is punishable as a Class A Misdemeanor. According to the FBI, 72 percent of all NICS checks are completed within 30 seconds, and 95 percent are completed within 2 hours. Since the implementation of the NICS program in 1998, 2 percent of the nearly 13 million NICS checks conducted resulted in a denial of purchases.
According to the Bureau of Alcohol Tobacco and Firearms, 14 percent of all illegal gun trafficking investigations are associated with gun shows.
Child Safety Locks: Effective on November 1, 2000
The law will require a firearms retailer to:
1) include a child safety lock ing device with all purchases;
2) post notices regarding safe storage of guns in their place of business; and
3) include gun safety information with the purchase of any gun. Failure to comply with this mandate is punishable as a Class A Misdemeanor.
According to the Center for Disease Control (CDC) the rate of firearm death in the United States of children ages 0 to 14 is nearly twelve times higher than in the 25 other industrialized nations combined. More than 800 Americans, young and old, die each year from guns shot by children under the age of 19.
Assault Weapons Ban: Effective on November 1, 2000
The new law also establishes criminal sanctions for the possession and sale of assault weapons and large capacity ammunition feeding devices in New York State. Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition clips. This measure mirrors the federal provisions and definitions of "assault weapon" and "large capacity ammunition feeding device," as well as the exclusions and exemptions applicable to each.
As a result of this legislation, State prosecutors will now be able to prosecute the possession and sale of assault weapons. It will be a Class D violent felony to possess either an assault weapon or a large capacity ammunition feeding device, and a Class D felony to unlawfully sell an assault weapon or large capacity ammunition clip that was manufactured after September 14, 1994.
Raising the Legal Age: Effective on November 1, 2000
This provision requires individuals to be 21 years old -- up from age 18 -- to obtain a permit to purchase a handgun. Exceptions are provided for certain persons under the age of 21 for participation in shooting competitions and for applicants who were honorably discharged from military service.
Each year since 1988, more than 80 percent of homicide victims 15 to 19 years of age were killed with a handgun, according to the CDC.
Criminal Purchase of a Weapon: Effective on November 1, 2000
The legislation establishes criminal sanctions for those who illegally attempt to purchase any weapon knowing they are legally barred from possessing weapons. It creates the new crime of Criminal Purchase of a Weapon, for:
1) a person who attempts to purchase any firearm when such person knows that he or she is prohibited by law from possessing such a weapon; or
2) a "straw purchaser," that is, anyone who purchases a firearm for the use of another person, who the purchaser knows is prohibited by law from possessing such a weapon. Non-compliance with this law is punishable as a Class A Misdemeanor, carrying a sentence of up to 1 year in jail and/or a fine of up to $1,000.
A report released by the Bureau of Alcohol, Tobacco and Firearms (ATF) in June 2000, stated that of the more than 1,500 investigations of illegal gun trafficking con between July 1996 and December, 1998, almost half involved a "straw purchaser." Straw purchasers were the most common subject of trafficking investigations.
DNA for Handguns: Effective on March 1, 2001
Under the Handgun DNA, handgun manufacturers who sell handguns to dealers in New York, and/or the dealers themselves must transmit shell casings from every handgun to the State Police Forensic Investigative Center. Only Maryland has enacted similar provisions.
The computer images of those shell casings will be downloaded into a digitized computer database, and will be available for comparison by law enforcement agencies attempting to trace the origins of guns used in crimes.
According to the ATF nearly 90 percent of all the guns used in crimes are handguns, and an estimated 70 percent of adult inmates reported obtaining their guns from sources other than the black market -- including retailers, family and private owners. A Congressional study of ATF data reported that 1 percent of the nation's federally licensed firearms dealers were responsible for selling nearly one-half of the guns traced to crime in 1998.
Gun Trafficking Interdiction Program: Effective on November 1, 2000
The legislation directs the State Police, in conjunction with the ATF and State Prosecutors to develop and implement a strategy for the interdiction of guns illegally entering New York State. It also requires the State Police to establish and maintain a Criminal Gun Clearinghouse, which will contain information on all guns seized by law enforcement that were used in the commission of a crime.
According to a recent Congressional study, an estimated 67 percent of the guns traced to crimes committed in New York State in 1999 originated outside the State, and more than 81 percent of the guns traced to crimes in New York City in 1999 originated in other states. Most of those illegal guns were traced to Virginia, Florida, Georgia, and South Carolina.
Failure to Report Lost or Stolen Guns: Effective on November 1, 2000
The legislation requires all lost or stolen guns to be reported to police within 24 hours of discovery. Timely reporting allows law enforcement to launch an immediate investigation in order to trace the gun before it is used in a crime, and/or causes injury or death. Failure to comply with this reporting requirement is a violation, punishable by a fine of up to $100. According to a 1997 report by the National Institute of Justice, 13 percent of more than 7,000 arrestees interviewed in eleven major urban areas in the United States reported having stolen a gun.
"Smart Gun" Study: Effective upon the Governor's Signature
The legislation directs the State Police, in conjunction with the ATF and the National Law Enforcement and Correction Technology Law, to conduct a comprehensive study of the availability and effectiveness of existing technology for the use of personalized firearms, commonly known as "smart guns," which may only be fired by the authorized user. The State Police are required to submit a written report to the Governor and the Legislature no later than October 1, 2001.
Senator Nick Spano said, "Every day, we read about shootings across the country and all too often, it's children who are pulling the trigger. This bill puts common-sense measures in place to prevent these needless tragedies from happening."
Assemblywoman Naomi Matusow said, "With this law, we are taking a great step forward in our efforts to curb gun violence. The assault weapon ban, which I have sought throughout my tenure and the Assembly has passed time and time again, is a vital component of this package and I have no doubt that it will result in safer streets and communities."
Senator Kemp Hannon said, "This measure will help protect children and help prevent families from being torn apart by gun violence."
Assemblyman Harvey Weisenberg said, "For the past seven years the Assembly has passed legislation promoting the safe storage of firearms to ensure that children do not have access to loaded guns. This common-sense measure will go a long way in preventing senseless gun violence and the resulting pain and suffering."
Senator Roy Goodman said, "I congratulate Governor Pataki on his leadership in passing the most far reaching package of gun controls in the country. I am pleased to have been a sponsor of this most significant legislation."
Assemblyman Joseph Lentol said, "This groundbreaking gun legislation will save lives, while protecting the rights of law abiding gun owners across the state. Only those criminals who are trafficking in illegal weapons need to fear the long arm of the law."
Senator Guy Velella. "Gun violence is tearing too many communities apart. This comprehensive new law will protect our families from guns while combating the scourge of illegal weapons."
Assemblyman Roger Green said, "For too long gun violence has been plaguing our communities, robbing children of their futures and causing immeasurable pain and suffering for their families. I am certain that this long overdue law will reduce the number of guns on our streets and save the lives of children throughout this state."
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FOR IMMEDIATE RELEASE:
August 9, 2000
GOVERNOR PATAKI SIGNS LEGISLATION TO COMBAT GUN VIOLENCE
Law Makes New York the First State in the Nation to Close the Gun Show Loophole
Governor George E. Pataki today signed into law comprehensive legislation to combat gun violence, including a provision that makes New York the first state to close the so-called gun show loophole by requiring background checks on prospective purchasers for all sales at all gun shows.
The law also requires that firearms be sold with child safety locks; imposes a State ban on assault weapons; raises the minimum age to obtain a permit to purchase a handgun to 21 years old; implements a DNA for Handguns program; establishes a gun trafficking interdiction program; and, directs a study to be conducted on "smart gun" technology.
"This important legislation will help make our streets safer by reducing gun violence in communities across our State," Governor Pataki said. "These common-sense measures will help keep guns out of the hands of criminals and away from children .
"While New York State leads the nation with a 39 percent drop in violent crime since 1994, we still have too much gun violence in our communities," the Governor said. "Each year more New Yorkers are killed by guns than die in car crashes -- and that must change. This new law will help."
Senator Frank Padavan said, "By signing this bill into law, Governor Pataki brings closure to a process that began with the massacre of children in a school playground in Stockton, California more than a decade ago. There is no place for military-style assault weapons in a civilized society. New York law now makes that crystal clear."
Assembly Speaker Sheldon Silver said, "With this new law, we finally provide New Yorkers with the common-sense gun laws that the Assembly has sought for years. This new law strengthens our efforts through the 'Ari's Law' provision I sponsored to halt gun trafficking. It also bolsters our efforts to keep guns out of our state, particularly those capable of mass destruction, and out of the hands of dangerous criminals. It mandates trigger locks on guns sold here and requires responsible gun storage so that horrible firearm accidents involving children can be prevented. And it makes the sale of weapons at gun shows subject to the same driver's license and criminal background checks as already apply to purchases made from traditional gun retailers."
Congresswoman Carolyn McCarthy said, "New York State has once again taken the lead in the nation on gun safety issues. As I've been saying for a long time, gun safety issues are bipartisan, and Governor Pataki's hard work and dedication to stopping gun violence proves it! When I'm back in Washington, I pledge to hold up Governor Pataki's gun bill to my colleagues and say, 'Look what can be done if we work together. Lives can be saved.'"
Catherine Murphy, whose 11-year-old son was accidentally shot and killed by a friend, said, "I thank Governor Pataki for inviting me to witness the signing of this very important bill. Being a Police Officer, I taught my son about gun safety and what a gun can do and how it can take your life. I've also worked since my son's death to make sure that adults understand how important it is to keep guns locked up and safely stored away from children."
Alfredo Valentin, whose 17-year-old son was shot and killed in the Bronx, said, "While I'm not the one signing this bill into law, I feel that if my son and his best friend's death and my family's work with anti-gun violence groups had an impact, then maybe today there is some meaning. For me, the most important part of the Governor's bill is the ballistics tracking system. It will help the police trace the gun and discover its origin."
Richard M. Aborn, former President, Handgun Control, Inc., and member of the Board of Directors, New Yorkers Against Gun Violence, said, "The passage of this multi-dimensional bill not only places New York State firmly at the lead of states with the most effective gun control laws in the nation, but also demonstrates precisely the sort of creative and comprehensive approach that must be taken if we are going to achieve permanent reductions in gun violence.
"Governor Pataki's leadership has proven crucial to advancing the public safety agenda. The Governor's bill smartly ties together steps to prevent gun crimes from taking place. If the highest calling of the criminal justice system is to prevent crime from occurring in the first place, which I believe it is, the Governor has certainly met that calling."
Closing the Gun Show Loophole: Effective upon the Governor's Signature
Under the federal Brady Law, sales of guns by federally licensed firearms dealers must be accompanied by a National Instant Criminal Background Check System (NICS) check on a prospective purchaser. Gun shows are not subject to the Brady Law unless a sale at the show involves a federally licensed dealer. This legislation requires similar background checks for all sales at gun shows in New York State. Effective upon the Governor's signature, New York will be the first State in the nation to close the so-called gun show loophole.
Intentional failure to comply with this requirement, in the case of the gun show operator, will result in civil action by the New York State Attorney General, carrying a fine of up to $10,000. A seller's non-compliance with this requirement is punishable as a Class A Misdemeanor. According to the FBI, 72 percent of all NICS checks are completed within 30 seconds, and 95 percent are completed within 2 hours. Since the implementation of the NICS program in 1998, 2 percent of the nearly 13 million NICS checks conducted resulted in a denial of purchases.
According to the Bureau of Alcohol Tobacco and Firearms, 14 percent of all illegal gun trafficking investigations are associated with gun shows.
Child Safety Locks: Effective on November 1, 2000
The law will require a firearms retailer to:
1) include a child safety lock ing device with all purchases;
2) post notices regarding safe storage of guns in their place of business; and
3) include gun safety information with the purchase of any gun. Failure to comply with this mandate is punishable as a Class A Misdemeanor.
According to the Center for Disease Control (CDC) the rate of firearm death in the United States of children ages 0 to 14 is nearly twelve times higher than in the 25 other industrialized nations combined. More than 800 Americans, young and old, die each year from guns shot by children under the age of 19.
Assault Weapons Ban: Effective on November 1, 2000
The new law also establishes criminal sanctions for the possession and sale of assault weapons and large capacity ammunition feeding devices in New York State. Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition clips. This measure mirrors the federal provisions and definitions of "assault weapon" and "large capacity ammunition feeding device," as well as the exclusions and exemptions applicable to each.
As a result of this legislation, State prosecutors will now be able to prosecute the possession and sale of assault weapons. It will be a Class D violent felony to possess either an assault weapon or a large capacity ammunition feeding device, and a Class D felony to unlawfully sell an assault weapon or large capacity ammunition clip that was manufactured after September 14, 1994.
Raising the Legal Age: Effective on November 1, 2000
This provision requires individuals to be 21 years old -- up from age 18 -- to obtain a permit to purchase a handgun. Exceptions are provided for certain persons under the age of 21 for participation in shooting competitions and for applicants who were honorably discharged from military service.
Each year since 1988, more than 80 percent of homicide victims 15 to 19 years of age were killed with a handgun, according to the CDC.
Criminal Purchase of a Weapon: Effective on November 1, 2000
The legislation establishes criminal sanctions for those who illegally attempt to purchase any weapon knowing they are legally barred from possessing weapons. It creates the new crime of Criminal Purchase of a Weapon, for:
1) a person who attempts to purchase any firearm when such person knows that he or she is prohibited by law from possessing such a weapon; or
2) a "straw purchaser," that is, anyone who purchases a firearm for the use of another person, who the purchaser knows is prohibited by law from possessing such a weapon. Non-compliance with this law is punishable as a Class A Misdemeanor, carrying a sentence of up to 1 year in jail and/or a fine of up to $1,000.
A report released by the Bureau of Alcohol, Tobacco and Firearms (ATF) in June 2000, stated that of the more than 1,500 investigations of illegal gun trafficking con between July 1996 and December, 1998, almost half involved a "straw purchaser." Straw purchasers were the most common subject of trafficking investigations.
DNA for Handguns: Effective on March 1, 2001
Under the Handgun DNA, handgun manufacturers who sell handguns to dealers in New York, and/or the dealers themselves must transmit shell casings from every handgun to the State Police Forensic Investigative Center. Only Maryland has enacted similar provisions.
The computer images of those shell casings will be downloaded into a digitized computer database, and will be available for comparison by law enforcement agencies attempting to trace the origins of guns used in crimes.
According to the ATF nearly 90 percent of all the guns used in crimes are handguns, and an estimated 70 percent of adult inmates reported obtaining their guns from sources other than the black market -- including retailers, family and private owners. A Congressional study of ATF data reported that 1 percent of the nation's federally licensed firearms dealers were responsible for selling nearly one-half of the guns traced to crime in 1998.
Gun Trafficking Interdiction Program: Effective on November 1, 2000
The legislation directs the State Police, in conjunction with the ATF and State Prosecutors to develop and implement a strategy for the interdiction of guns illegally entering New York State. It also requires the State Police to establish and maintain a Criminal Gun Clearinghouse, which will contain information on all guns seized by law enforcement that were used in the commission of a crime.
According to a recent Congressional study, an estimated 67 percent of the guns traced to crimes committed in New York State in 1999 originated outside the State, and more than 81 percent of the guns traced to crimes in New York City in 1999 originated in other states. Most of those illegal guns were traced to Virginia, Florida, Georgia, and South Carolina.
Failure to Report Lost or Stolen Guns: Effective on November 1, 2000
The legislation requires all lost or stolen guns to be reported to police within 24 hours of discovery. Timely reporting allows law enforcement to launch an immediate investigation in order to trace the gun before it is used in a crime, and/or causes injury or death. Failure to comply with this reporting requirement is a violation, punishable by a fine of up to $100. According to a 1997 report by the National Institute of Justice, 13 percent of more than 7,000 arrestees interviewed in eleven major urban areas in the United States reported having stolen a gun.
"Smart Gun" Study: Effective upon the Governor's Signature
The legislation directs the State Police, in conjunction with the ATF and the National Law Enforcement and Correction Technology Law, to conduct a comprehensive study of the availability and effectiveness of existing technology for the use of personalized firearms, commonly known as "smart guns," which may only be fired by the authorized user. The State Police are required to submit a written report to the Governor and the Legislature no later than October 1, 2001.
Senator Nick Spano said, "Every day, we read about shootings across the country and all too often, it's children who are pulling the trigger. This bill puts common-sense measures in place to prevent these needless tragedies from happening."
Assemblywoman Naomi Matusow said, "With this law, we are taking a great step forward in our efforts to curb gun violence. The assault weapon ban, which I have sought throughout my tenure and the Assembly has passed time and time again, is a vital component of this package and I have no doubt that it will result in safer streets and communities."
Senator Kemp Hannon said, "This measure will help protect children and help prevent families from being torn apart by gun violence."
Assemblyman Harvey Weisenberg said, "For the past seven years the Assembly has passed legislation promoting the safe storage of firearms to ensure that children do not have access to loaded guns. This common-sense measure will go a long way in preventing senseless gun violence and the resulting pain and suffering."
Senator Roy Goodman said, "I congratulate Governor Pataki on his leadership in passing the most far reaching package of gun controls in the country. I am pleased to have been a sponsor of this most significant legislation."
Assemblyman Joseph Lentol said, "This groundbreaking gun legislation will save lives, while protecting the rights of law abiding gun owners across the state. Only those criminals who are trafficking in illegal weapons need to fear the long arm of the law."
Senator Guy Velella. "Gun violence is tearing too many communities apart. This comprehensive new law will protect our families from guns while combating the scourge of illegal weapons."
Assemblyman Roger Green said, "For too long gun violence has been plaguing our communities, robbing children of their futures and causing immeasurable pain and suffering for their families. I am certain that this long overdue law will reduce the number of guns on our streets and save the lives of children throughout this state."
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Return to the Office of the Governor
------------------
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