Governor Kathy Hochul announces executive orders, legislation to strengthen gun control laws, combat domestic terrorism (May 18, 2022)

Ten bills tightening gun laws have been introduced in the New York State Legislature.

The agreement comes in the wake of mass shootings at a Texas elementary school and a Buffalo supermarket that left dozens dead and prompted renewed calls for change at the national level.

Governor Kathy Hochul said New York must step up as it remains unclear if Congress will take action, and stated, “Within the last month, two horrific mass shootings in Buffalo and in Texas have rattled this nation to our core and shed a new light on the urgent need for action to prevent future tragedies. New York already has some of the toughest gun laws in the country but clearly we need to make them even stronger.”

The package includes measures prohibiting the sale and purchase of body armor for anyone not in law enforcement and closing the “any other weapon” loophole that allows the sale of certain weapons that would otherwise be banned. Another bill could lead to the microstamping of ammunition.

Among the biggest changes to New York’s gun laws will be a new requirement that anyone seeking to buy a semiautomatic rifle must be at least 21, up from 18, and must first obtain a gun license.

Currently, licenses and permits are needed only for handguns.

Other bills will strengthen the state’s “red flag” law, which helps remove guns from those who may be a threat to themselves or others, and create a new “Task Force on Social Media and Violent Extremism” within the attorney general’s office to “study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online.”

Lawmakers are expected to vote on the package before the scheduled end of the legislative session Thursday, June 2.

Other bills slated for approval will eliminate the grandfathering of large-capacity ammunition feeding devices lawfully possessed prior to the enactment of the SAFE Act in 2013 or manufactured prior to 1994.

Under the new laws, police will have to report seized or recovered guns to the criminal gun clearinghouse and share information with federal authorities as well as test-fire seized or recovered guns for the National Integrated Ballistic Information Network.

The state police will also be required to conduct inspections of gun dealers every three years.

The State Capitol, Albany NY.

ALBANY – New York lawmakers on Tuesday approved the most comprehensive set of gun bills in the state in six years, including measures that would ban bump stocks, prohibit teachers from carrying guns in schools and extend the waiting period for gun buyers who do not pass an instant background check.

In total, six gun bills passed easily through the State Senate and Assembly, a remarkable sight in a Capitol that for years had resisted almost all new legislation on the subject.

Gov. Andrew Cuomo last ushered a major gun safety package into law in 2013 with the SAFE Act, after the massacre at Sandy Hook Elementary School in Newtown, Conn. The governor successfully corralled recalcitrant Senate Republicans into supporting the 2013 legislation that expanded the state’s ban on assault weapons, tightened certification requirements, increased criminal penalties for illegal guns and closed private sale loopholes.

Cuomo has described the Safe Act as one of his signature achievements. He also applauded the legislature’s passage of the new gun legislation and will likely sign it in the coming day.

Chautauqua County District Attorney Patrick Swanson

MAYVILLE – Chautauqua County’s District Attorney says his office has never enforced a provision in the New York SAFE Act that was recently found to be unconstitutional.

County DA Patrick Swanson sent out a statement regarding the seven-round provision of the SAFE Act, which limits the number of rounds an individual can keep in a firearm to just 7 or less.

Swanson says that in 2013, a federal court in the Western District of New York indicated that that provision was unconstitutional. The decision was appealed, and in 2015 the Second Circuit Court of Appeals upheld that decision.

As a result, Swanson says that since he became the Acting District Attorney in 2016 he has not prosecuted anyone under the section deemed unconstitutional.

Swanson said he was issuing the statement after the DAs from both Erie County and Niagara County had publicly stated they were not going to prosecute anyone under the provision, leading to calls to his office asking if he would also follow the same policy.

Gov. Andrew Cuomo during his 2017 State of the State speech in Buffalo on Jan. 9, 2017. (image from New York Governor’s Office)

ALBANY – Governor Andrew Cuomo is urging U.S. lawmakers to follow New York State’s lead and pass legislation similar to the New York SAFE Act.

Cuomo released a statement Thursday, one day after another high school mass shooting incident in Florida that claimed the lives of 17 people.

In his statement, the governor said that in the aftermath of the tragedy at Sandy Hook in 2012, the state passed a bipartisan measure that provided toughest gun safety legislation in the nation. He said that the SAFE Act not only banned weapons like the AR-15, but also prevents people who are a risk to themselves or to others from purchasing a gun.

“The SAFE Act has made our communities more secure, including by banning assault weapons like AR-15s and preventing people who are a risk to themselves or to others from purchasing a gun. As of December 2017, 75,000 people deemed to be dangerously mentally ill by a licensed mental health professional have been added to a database to keep guns out of the wrong hands,” Cuomo said.

Despite the governor claiming the SAFE Act to be bipartisan, it has not been without controversy or criticism. The legislation was challenged by gun rights groups in the state who claimed it violated New Yorkers’ Second Amendment Rights.

In October 2015 a Federal Appeals Court upheld the majority of the legislation, though it did rule that New York’s requirement that only seven bullets can be loaded into a 10-round magazine was unconstitutional. In 2016, the U.S. Supreme Court refused to hear the appeal request to the 2015 decision.

Authorities in Florida say the school shooting suspect, Nikolas Cruz, legally purchased the AR-15 rifle used in the attack.

Federal law allows people 18 and older to legally purchase long guns – including the AR-15 rifle – unless a state law prohibits its possession, such as the NY SAFE Act.  And with no criminal record, Cruz cleared an instant background check via the FBI criminal database.

DATA SUGGESTS STRICTER GUN LAWS DO RESULT IN FEWER GUN DEATHS

While Guns Rights advocates have criticized New York for having some of the strictest gun laws in the nation, data compiled by the Violence Policy Center illustrates that there could be a correlation between state’s with strict gun laws and lower gun death rates.

Among the 50 states in the nation, the five states with the fewest gun deaths per capita, as of 2016, were:

• Massachusetts (3.55 per 100,000);
• New York (4.56);
• Hawaii (4.62);
• Rhode Island (4.64);
• and Connecticut (4.81).

Three of those five states (Connecticut, Massachusetts, and New York) are rated among those with the strictest gun regulations in the nation. According to a June 2017 report by the Washington Post, those three states each have laws on the books related to assault weapons ban (including the AR-15), high-capacity magazine ban, prohibitions for high-risk individuals, prohibitions for individuals with domestic violence convictions, and mandatory universal background checks.

Hawaii also has laws on the books related to prohibitions for high-risk individuals, prohibitions for individuals with domestic violence convictions, and mandatory universal background checks.

Rhode Island has laws in place related to prohibitions for high-risk individuals and mandatory universal background checks.

It’s also worth noting New York State was one of only five states to see a notable decrease in its gun death rate in the eight year period covering 2009 to 2016, with a drop of 6.9 percent. The SAFE Act was also approved and put in place during that time period. Only Rhode Island was higher with a drop of 12.8 percent. The other tree states that saw a decrease were California, Connecticut, and Wyoming.

Among the 50 states in the nation, the five states with the highest number of gun deaths per capita, as of 2016, were:

• Alaska (23.86);
• Alabama (21.51);
• Louisiana (21.08);
• Mississippi (19.64);
• and Oklahoma (19.52).

None of the states ranked in the top 5 gun deaths list had laws in place regarding an assault weapons ban (including the AR-15), high-capacity magazine ban, or mandatory universal background checks. Louisiana also didn’t have a law in place regarding prohibitions for high-risk individuals. And neither Alaska, Mississippi, or Oklahoma had laws involving prohibitions for individuals with domestic violence convictions.

In addition to his comments on Thursday, Cuomo also directed that flags on all state government buildings be flown at half-staff until sunset on Monday, February 19, in conjunction with a federal proclamation, to honor the victims of the Florida school shooting.

On Tuesday Rep. Tom Reed (R-Corning, NY 23) announced that he would be supporting a proposal by fellow WNY congressman Chris Collins (R-Clarence, NY 27), which would limit a state’s authority to regulate rifles and shotguns.

Reed said that instead of New York limiting second amendment rights for its residents, it should instead focus on other ways to respond to gun violence.

“There’s a lot of common ground when it comes to taking on the areas of gun violence, when it comes to mental health and criminal activity. If we focus on those two areas, I think that is the right approach in order to deal with gun violence across America – addressing mental health issues as well as criminal activity that is often behind the gun violence statistics that you read about,” Reed said.

Reed made his comments during his weekly conference call with regional reporters.

In 2015 a federal court had ruled that New York’s SAFE Act was constitutional. WRFA asked Reed why he thought it was important for Congress to interfere with the state’s ability to craft its own gun legislation.

Congressman Reed speaking to the crowd in North Harmony on Feb. 18, 2017.

“I am a strong believer in local government and state government, but when it comes to our individual, guaranteed, fundamental rights under the constitution, I believe it’s appropriate for the federal government – and we’ve done it on other areas of the law – to make sure that those constitutional rights are protected even further than just a judicial review,” Reed said. “That’s where the statutory prerogative that this legislation represents, to me, is taking a prudent course to make sure that the Second Amendment fundamental right is protected at the state level.”

Collins’ legislation would prevent any state from implementing any regulations on weapons that are more restrictive than what’s required by federal law.

The SAFE Act was approved by the New York State Legislature and signed by Gov. Andrew Cuomo after the Sandy Hook tragedy in 2013. Among other things, it requires universal background checks, broadens the classification of an “assault rifle” to include semi-automatic firearms, and limits the amount of ammunition that can be held in a gun magazine.

Collins bill has been sent to committee for consideration.

According to a recent report from Politifact, gun violence in New York State has declined since the passage of the SAFE Act. However, it’s hard to determine if there was a direct correlation between the two or if other factors were also at play.

In 2016, there were 10,007 violent crimes with a firearm reported to police. In 2013, there were 12,235. The percentage of violent crimes with a firearm also fell from 16 percent in 2013 to 13.5 percent in 2016.

Looked at another way, the number of firearm-related violent crimes per New York state resident also has declined. There were 62 firearm-related violent crimes reported for every 100,000 residents in 2013, compared with 50 for every 100,000 residents by 2016.

The number was already going down outside New York City before the SAFE Act in 2013. There were 5,340 violent firearm crimes reported to police outside New York City in 2008 — the most in the last decade. The count has only increased twice since, in 2012 and 2016.

A conference call with Congressman Tom Reed (R-Corning, NY 23) and regional media representatives. Held Tuesday morning, Aug. 29, 2017.

In this week’s call, Congressman Reed discusses his support of federal legislation that would reverse New York’s SAFE Act, response to the situation in Houston following Hurricane Harvey, his response to President Trump saying he’ll support a government shutdown if funding isn’t put in place for a wall on the US-Mexican border, and more.

Rep. Tom Reed (R-Corning)

NY Governor Andrew Cuomo

ALBANY – Gov. Andrew Cuomo is slamming a federal bill proposed by Congressman Rep. Chris Collins (NY-27, R-Clarence) that would override much of the governor’s SAFE Act gun control law.

Collins plan, announced Monday, would limit a state’s authority to go beyond federal regulations regarding rifles or shotguns. The bill, dubbed the “Second Amendment Guarantee Act,” AKA SAGA, would essentially overturn the 2013 SAFE Act’s expansion of the definition of what features define a banned assault-style rifle in New York.

In a media release sent out earlier this week, Cuomo described Collins’ proposal as political posturing and said he would go to court to fight the bill if it were to become law.

“In 2013, following the Sandy Hook tragedy, New York State rose to the occasion and passed the toughest gun safety laws in the nation…. Now, in a blatant political ploy, Chris Collins is turning his back on New Yorkers and putting millions of people at profound risk. By fighting to roll back vital legislation that protects the people of the Empire State, Collins is demonstrating once again that he is beholden to no one but the gun lobby and entrenched special interests… The courts have resoundingly upheld New York’s law as consistent with the Constitution. We understand that Washington is in turmoil right now – we just ask that they don’t do anything to set back the progress we’ve been able to make despite them.”

Without comment, the justices declined to review a lower-court ruling that upheld the constitutionality of the New York ban, which bars the sale of a series of semi-automatic weapons based on their physical characteristics. The high court on Monday also upheld a similar Connecticut ban on assault weapons.

Monday’s Supreme Court action means that a ruling from March by the 2nd Circuit of the United States Court of Appeals will stand.  That decision was the second issued by the federal appeals court saying the SAFE Act’s ban on semiautomatic assault-style weapons, along with a prohibition on large-capacity ammunition magazines, do not violate the Second Amendment’s guarantee of the right to keep and bear arms.

Gov. Andrew Cuomo – the architect of the SAFE Act – called the decision by the Supreme Court not to hear the case a victory for common sense gun control laws in New York and across the nation.

Rep. Tom Reed (R-Corning)

WASHINGTON – As thousands in Orlando turned out Monday to mourn 49 people killed inside an LGBTQ nightclub, federal investigators examined possible motives for the gunman who committed the worst mass shooting in modern U.S. history.

The White House and the FBI said 29-year-old Omar Mateen – an American born Muslim – appears to be a “homegrown extremist” who had touted support not just for the Islamic State, but other radical groups that are its enemies.

FBI Director James Comey said the agency sees no indication that this was a plot directed from outside the United States, nor is there any indication that Mateen was part of any kind of network.

On Monday Chautauqua County’s representative in Congress spent 30-plus minutes in conference call with regional media, offering his reaction and thoughts on the Orlando mass shooting.

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Congressman Tom Reed (R-Corning, NY 23) renewed his calls to defeat radical Islamic terrorism, saying more needs to be done to help law enforcement work toward preventing these types of attacks within our own borders.

“We are engaged in a war – a war of terror that is based upon a radical Islamic terrorist jihadist effort, where individuals are committed to an ideology that doesn’t represent the entire Muslim religion, but represents an extreme ideology, an extreme terroristic-based path of destruction of America and American way of life, that is represented by this shooter,” Reed said.

The Corning Republican also acknowledged that while Mateen was not an immigrant, he added that the threat represented by him will not be going away.

“If we continue to think that this threat is not amongst us and is also trying to get here to American soil, I think we’re going to potentially expose ourselves to greater risks going forward,” Reed said. “So securing our border has to be part of this conversation.”

Reed added that the U.S. also needs to commit more intelligence resources in locating and eliminating the ISIS threat in the Middle East so that it couldn’t influence others to act on its behalf, either in the U.S. or in other allied nations.

WRFA Specifically asked Reed if anything can be done to prevent mass shootings in general, given that so many have taken place over the years which were not connected to radical Islamic terrorism. He agrees that a large number of mass shootings were not perpetrated by Islamic terrorists, adding that they were committed by those suffering from mental illness. As a result, he said the country needs to focus on identifying and helping those with mental illness rather than focusing on creating federal gun restrictions.

“It’s not about gun control,” Reed said. “It’s about getting assistance to those that have suffered from mental illness. I view it as a mental condition. I view is as something where if someone had a medical condition that required special oversight by government officials, we need to make sure that that is part of the conversation. But we respect the due process and freedoms of those individuals as we go forward.”

While Congressman Reed said the country needs to focus on going after terrorists, his Western New York colleague in the house and former Chautauqua County Representative Brian Higgins (D-Buffalo) told a Buffalo television station that Mateen should not have been able to purchase the weapons he used to begin with, calling the semi-automatic rifle and semi-automatic handgun a “weapon of mass destruction” – adding that perhaps nobody should be able to purchase them.

Governor Andrew Cuomo also stated that congress needs to look into passing legislation similar to New York’s SAFE Act.

NY Governor Andrew Cuomo

ALBANY – New York Governor Andrew Cuomo has responded to the Orlando mass shooting.

Early Sunday morning a shooter, identified as Omar Mateen, opened fire on attendees at The Pulse, a gay nightclub in Orlando, Fla., killing a reported 50 people, wounding an additional 53 others, and devastated a city famous for family-friendly theme parks. It’s described as the worst mass shooting incident in modern U.S. history.

On Sunday Gov. Cuomo said that he is shocked and saddened by the senseless attack and on behalf of all New Yorkers, our thoughts and prayers are with the victims, the injured and their loved ones. He also directed flags at state buildings to be flown at half-staff in the memory of those who were lost. And the governor directed the lights of One World Trade Center’s spire to be displayed in the colors of the pride flag.

Cuomo also said the incident is just one more horrific reminder of the need for Congress to pass real and sensible gun safety legislation similar to the SAFE ACT in New York.‎

And the Governor also said that New York City and other areas will see stepped up enforcement to ensure similar situations don’t play out as several communities plan Pride rallies and events in the coming weeks as part of LGBT Pride Month.

“Early reports indicate this was likely an act of domestic terrorism,” Cuomo said. “While there is no specific intelligence that suggests any link between the attacks that occurred in Orlando with New York, out of an abundance of caution, I have directed additional security measures at key points around the state as a precaution. The safety of New Yorkers and our state’s visitors is our number one priority, and we are remaining vigilant and in close contact with local and federal officials and our partner law enforcement agencies.”

The governor reminds residents that if they see any type of suspicious activity, they can report it on the state’s Terrorism Tip Line at 1-866-SAFE-NYS (1-866-723-3697).