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The New York SAFE Act

The New York SAFE Act. NY Safe Act 2013. Passed on January 15 th , 2013, this law gives New Yorkers some of the strongest protections against gun violence in the country Other states have followed New York including Colorado, Connecticut, Minnesota, and Maryland.

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The New York SAFE Act

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  1. The New York SAFE Act

  2. NY Safe Act 2013 Passed on January 15th, 2013, this law gives New Yorkers some of the strongest protections against gun violence in the country Other states have followed New York including Colorado, Connecticut, Minnesota, and Maryland

  3. But more states have passed laws that would weaken gun restrictions rather than strengthen them

  4. What does NY SAFE Do?

  5. Universal Background Checks • The law closes the private sales loophole by requiring all gun transfers between private parties, except immediate family, to be subject to a federal National Instant Criminal Background Check. • Previous NY law enabled criminals and other dangerous people to buy long guns with a background check.

  6. Assault Weapon Registration & Possession • Assault weapons possessed before the January 15, 2013 effective date must be registered within a year and recertified every five years. • Owners of grandfathered assault weapons may only sell out of state or through an in-state federal firearms licensee.

  7. Military-Style Semi-Automatic Assault Weapons

  8. Ban on high capacity magazines – effective immediately • Limits the capacity of magazines to 10 and bullets to 7 rounds, down from the prior limit of 10. It includes a ban on the possession of pre-1994 high capacity magazines, and will require owners to sell the banned magazines out of state within one year.

  9. High Capacity Magazines

  10. Possession of Pre-1994 large capacity feeding devices are banned. • Persons legally possessing these have one year from transfer out of state or to an FFL (January 15th, 2014)

  11. Background checks on all ammunition sales • Establishes an Ammunition Purchase Database for sellers of ammunition • Purchase Database Effective January 15, 2014 • Seller Registry Effective January 13, 2014 • Will help law enforcement to detect gun traffickers by tracking high-volume ammunition purchases. • Ammunition ordered over the internet must be delivered in a face-to-face transaction with a licensed firearms dealer and the purchaser.

  12. Firearms License Recertification • Requires pistol licenses and assault rifle registrations to be recertified every 5 years. • Recertification will give law enforcement the ability to determine if the licensee has engaged in any criminal activity that would prohibit the person from continuing to possess a gun.

  13. Establishes Statewide Electronic Gun Permit Database • Effective January 15, 2014 • Routinely checked against other records to determine any disqualifiers • Not subject to FOIL • Available to law enforcement or as otherwise provided in a court order

  14. Webster Provision • Makes murder of a first responder who is engaged in his or her duties a Class A-1 felony, with a mandatory penalty of life in prison without parole. • Created to honor the memory of Lt. Mike Chiapperini and Tomasz Kaczowka who were victims of a fatal shooting in Webster, NY, on 12/24/12.

  15. Extends and Strengthens Kendra’s Law • Extended for 2 years through 2017 and the period of mandatory outpatient treatment will be extended from 6 months to one year. • A review will be required before a mentally ill inmate is released.

  16. Keeps Guns Out of Schools • The penalty for possessing a firearm on school grounds or a school bus will be increased from a misdemeanor to a Class E Felony. • School districts will submit their safety plans to a newly created NY State School Safety Improvement Team, which will review plans and help localities develop plans.

  17. Protect Families • When a judge issues an order of protection and finds a substantial risk that the individual subjected to the order will use a gun against the person protected by the order, the judge is required to demand the surrender of the weapon.

  18. Safe Storage of Firearms • In households where individuals live who have been convicted of a crime, involuntarily committed or subject to an order of protection. Existing law requires all guns sold at retail be sold with a gun lock.

  19. Tougher Penalties for Illegal Gun Use • Establishes tougher penalties for those who use illegal guns in the commission of a crime. • Will give law enforcement a greater ability to crack down on criminals who obtain firearms illegally.

  20. Questions to ask anyone opposed to the New York SAFE Act…

  21. Do you believe that a mentally ill person, who a qualified mental health professional has determined is a danger to himself or others, should be permitted to buy and own guns? Do you believe that gun owners who are ineligible to own guns, such as felons, drug dealers and domestic abusers, should be able to purchase ammunition to be used in their illegally owned firearms? Given that permits for handguns have been required for some time, why is there an objection to requiring permits for assault weapons, which are much more lethal weapons? Because of the enactment of the NY SAFE Act, will you no longer be able to buy a hand gun, a shotgun or a rifle and will you have to relinquish any guns you currently own?

  22. Strong Gun Laws Save Lives! • Higher gun ownership and weak gun laws = • States with higher gun ownership and weak gun laws have the highest rates of gun death. • The 5 states with the highest rates of gun death are: Alaska, Louisiana, Montana, Alabama, and Wyoming

  23. Strong Gun Laws Save Lives! • Low gun ownership and strong gun laws = • States with strong gun laws and low gun ownership have far lower gun death rates.

  24. States with weak gun laws export death and injury Illegal gun traffickers buy guns in state with weak laws and bring them to states like NY to re-sell on the illegal market for a profit. In 2011, 68% of traced crime guns in NY state originated from out of state – mostly from states with weaker gun laws.

  25. 2013 Federal Gun Safety Legislation S.649, Safe Communities, Safe Schools Act of 2013 • Fixes the federal gun background check system by: • Requiring criminal background checks for all gun sales: S.649 expands the current background check system to private gun sales, which are currently not subject to background checks. • Getting names of prohibited purchasers into the criminal background check system:The bill ensures that more people who are federally prohibited from possessing guns are included in the National Instant Criminal Background Check System (NICS), the FBI-run system for criminal background checks on gun buyers. • Cracks down on gun trafficking and straw purchasing: • Strengthens anti-trafficking laws: Makes straw purchasing and gun trafficking punishable by up to 15 years in jail, with enhanced penalties of up to 25 years for kingpins and those who buy guns on behalf of others knowing that they will be used in a violent or gun trafficking crime. • Enhances school and campus safety: • Reauthorizes and increases school security grants. The grants allow schools to decide what they type of security measures they want in place, as long as the measures have been approved by the school district and local law enforcement. • Establishes a National Center for Campus Public Safety: To strengthen the safety and security of colleges and universities. The bill includes yearly auditing to ensure that the grant money is being used effectively.

  26. Manchin Toomey Compromise On background checks – would have allowed more private sales without background checks – between friends, on bulletin board, via flyers, and at flea markets. But would have required background background checks on internet sales and at gun shows.

  27. April 17th Vote • Amendment failed by 5 votes • Including the votes of 4 Democrats: • Heidi Heitkamp – ND • Mark Begich – AK • Max Baucus – MT • Mark Pryor - AR

  28. What YOU Can Do… • Email and call the senators who opposed Manchin-Toomey • Republicans: Lamar Alexander (TN); Kelly Ayotte (NH); John Barrasso (WY); Roy Blunt (MO); John Boozman (AR); Richard M. Burr (NC); Saxby Chambliss (GA); Daniel Coats (IN); Tom Coburn (OK); Thad Cochran (MS); Bob Corker (TN); John Cornyn (TX); Michael Crapo (ID); Ted Cruz (TX); Michael B. Enzi (WY); Deb Fischer (NE); Jeff Flake (AZ); Lindsey Graham (SC); Chuck Grassley (IA); Orrin G. Hatch (UT); Dean Heller (NV); John Hoeven (ND); James M. Inhofe (OK); Johnny Isakson (GA); Mike Johanns (NE); Ron Johnson (WI); Mike Lee (UT); Mitch McConnell (KY); Jerry Moran (KS); Lisa Murkowski (AK); Rand Paul (KY); Rob Portman (OH); Jim Risch (ID); Pat Roberts (KS); Marco Rubio (FL); Tim Scott (SC); Jeff Sessions (AL); Richard Shelby (AL); John Thune (SD); David Vitter (LA); Roger Wicker (MS) • Democrats: Max Baucus (MT); Mark Begich (AK); Heidi Heitkamp (ND); Mark Pryor (AR)

  29. H.R 1565 The King – Thompson Bill Identical to the Manchin-Toomey Bill in the Senate. Would require background backs on all commercial gun sales.

  30. What YOU Can Do (continued) • Push these New York Representatives to co-sponsor H.R1565 • Michael Grimm (Dist. 11) – 202 225 3371 • Chris Gibson (Dist. 19) – 202 225 5614 • Richard Hanna (Dist. 22) – 202 225 3665 • Tom Reed (Dist. 23) – 202 225 2161

  31. THANK YOU.

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