Governor Signs Gun Control Legislation

August 5th, 2019

This week, Governor Cuomo signed a package of gun control legislation to extend waiting periods for gun purchases in certain circumstances, a bill to close existing statutory loopholes to prohibit ownership or sale of a bump stock, a bill criminalizing the manufacture, sale, transport and possession of firearms that are undetectable by a metal detector, including 3D printed guns, an expansion of laws requiring the safe storage of firearms, a bill limiting an educational institution’s ability to authorize certain individuals from carrying a firearm on school grounds, and directing State Police to establish statewide regulations aimed at strengthening existing gun buyback programs.

Extended Waiting Period (S.2374/A.2690) – Current federal law requires gun dealers to conduct a National Instant Criminal Background Check System (NICS) background check on a potential purchaser prior to selling a firearm, which immediately provides the dealer with one of three possible notifications. These notifications include “proceed,” “denied,” or “delayed.” In the case of a “delayed” response, the dealer must wait three days before completing the sale, after three days, the dealer can complete the transaction regardless of whether or not the background check is completed in that time-frame. This bill extends the waiting period up to 30 days for the background check to be completed in cases where a delayed notification is issued.

Bump Stock Ban (S.2448/A.2684) – Bump stock devices attach to semi-automatic weapons and allow shooters to fire ammunition faster than a human could pull the trigger manually. This legislation will prohibit the possession, manufacture, transportation, shipment and sale of any items that accelerate the firing rate of firearms, rifles or shotguns.

3D Printed Gun Ban (S.1414-A/A.0763-A) – This bill amends the penal law to criminalize the manufacture, sale or transport of an undetectable firearm by making such a Class D felony. The bill also makes possession of an undetectable firearm, rifle or shotgun a Class E felony.

Safe Storage (S.6360/A.8174) – This bill will require firearm owners store their weapons in a locked or otherwise inaccessible location when they live with someone under the age of sixteen or have reason to know will be accessible by someone under the age of sixteen. The bill will continue to permit properly licensed or supervised individuals under the age of sixteen to hunt or practice at a firing range in accordance with existing law.

Preventing School Districts from Arming Teachers (S.101/A.1715) – This legislation stipulates that educational institutions can’t issue written authorization to carry a gun to any teacher, professor, administrator or other person who is not primarily employed as a school resource officer, law enforcement officer or security guard. The bill applies to all public, non-public, BOCES, charter schools, 853s, special act schools, 4201, and 4410 and will take effect immediately.

Statewide Regulations for Gun Buy Back Programs (S.2449/A.2685) – This legislation directs the State Police to work with the Department of State to establish regulations for gun buyback programs so that all buyback programs across the state are operated consistently with uniform best practices, and that these programs take place in every county in the state. The bill will take effect 180 days after becoming law.

Governor Cuomo said:

“For too long gun violence has plagued communities across our nation and while the federal government turns a blind eye, New York continues leading the way forward to protect our families and our children. By signing these measures into law we are strengthening our nation-leading gun laws – banning devices whose sole purpose is to create the most bloodshed in the shortest timeframe and providing law enforcement the tools they need to stop firearms from falling into dangerous hands.”