Legislature Passes Gun Control Package

The Senate and Assembly voted on a package of gun control bills which was hailed as the first significant action on gun control since the passage of the SAFE act in 2013. Among the measures passed was a bill to extend the allowable waiting period for gun purchases from 3 days to 30 days in cases were the National Instant Background Check does not provide immediate approval. Another bill would prohibit teachers or other school officials from carrying a firearm in school, currently the decision to allow a properly licensed school official to carry a firearm is conferred on each individual school district to make locally. Bump stocks or other modification devices which accelerate the rate of fire of a weapon are now banned from being processed, manufactured or sold in this state. Previously, the use of such devices was banned as part of the SAFE act in 2013, but possession was not explicitly prohibited. Another bill compels individuals seeking a firearm license, who are domiciled in another state, to sign waiver of confidentiality allowing out of state mental health records to be viewed by the licensing officer.

Perhaps the most significant legislation included in the package is what is known as the “red flag bill” which allows a police officer, district attorney, family member, school administrator, teacher or other licensed school official to petition a judge to issue an extreme risk protection order for anyone they believe could pose a risk or threat of violence. A judge would then have to determine whether or not to grant the order. If granted, the respondent would be prohibited from purchasing any firearm and whatever firearms the respondent currently possesses could be confiscated by the police, until such time as the order is lifted.

The Governor has yet to act on these bills. In addition, more gun control bills are expected later this year as statements made by the Majority Leader Stewart-Cousins suggest drafting concerns left a few bills on the cutting room floor. Among those bills that are not yet ready are measures that would require microstamping of ammunition, ban 3D printed guns, and create the crime of not storing guns safely.