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This is the beginning of a two-year legislative cycle in New York State. Every bill reported on here is considered active and alive for two years unless it is it is rejected or passed into law by the legislature. It may never be released from the committee it is assigned to but there is no way of knowing that for sure. Because we never know when or if a particular bill will be put on a committee agenda and acted on, we, (you) need to stay in regular communication with your elected officials. For everyone’s information, the leadership in both houses of
the New York State Legislature and every State Assembly member and
State Senator from the Long Island region as well as every member
of the Codes committee of both houses receives a copy of our legislative
reports. Your job is to reinforce the work, position we have taken
here with your Assemblyman or Senator. Should anyone getting this
legislative report want to send it on to a legislator not currently
on our list of people who receive it, please feel free to copy our
report and send it to them yourself. |
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S 41 Maltese, et al. Repeals §265.08, amends §§265.09 & 70.02, Penal Law; amends §410, General Business Law; amends §509-cc, Vehicle & Traffic Law – Provides for a mandatory five year period of imprisonment for persons convicted of committing any crime with the use of a firearm for a first offense and ten years for a second or subsequent offense. Criminal sanction impact. Codes Comm NO OBJECTION S 50 Skelos Adds §252-a, Domestic Relations Law; amends §400.00, Penal Law – Authorizes the suspension or revocation of a license to carry, possess, repair or dispose of a firearm in matrimonial actions where a temporary order of protection or an order of protection has been issued. Judiciary Comm OPPOSED, See A 46 at the beginning of this report for reasons of opposition. S 162 Kruger Adds §10.50, Criminal Procedure Law – Directs the establishment of gun court calendars in criminal courts to hear cases involving unlawful gun possession and use and requires the expeditious scheduling of trials conducted therein; makes various provisions for the establishment of such calendar. Codes Comm OPPOSED, there is no justification for a separate "GUN" court with all of the additional costs associated with that endeavor. S 179 Kruger Adds §399-aa, General Business Law – Regulates the sale of ammunition; requires imprinting of a serial number on each bullet jacket and bullet lead; requires sellers of ammunition to maintain records of all sales. Criminal sanction impact. Consumer Protection Comm OPPOSED, this is a total waste of money, time and effort. Most bullets are sufficiently destroyed upon firing that this requirement would be useless for tracking criminals. Once again only lawful sales would be tracked. This proposal is nothing more than an attempt to make difficult or more expensive to participate in the firearms community. S 256 Kruger Amends §§265.00, 265.01, 265.05 & 265.06, Penal Law – Provides that criminal possession of a weapon in the fourth degree shall include possession of a box cutter by a person with intent to use it unlawfully against another. Prohibits possession of a box cutter by a person under the age of sixteen; defines "box cutter" to mean a knife consisting of a razor blade or sharp edged instrument attached to or contained within a plastic, wood or metal housing. Criminal sanction impact. Codes Comm OPPOSED, there are too many instances where simple possession of a box cutter is perfectly acceptable and is not involved in any crime. S 265 Kruger Amends §701, Correction Law – Provides that a certificate of relief from disabilities shall not entitle a violent felony offender to obtain a license to carry, possess, repair or dispose of a firearm. Crime & Correction Comm NO OBJECTION S 340 Kruger Adds §§265.45, 265.50, 265.55 & 70.16, amends §70.25, Penal Law; amends §220.10, Criminal Procedure Law – Increases penalties for offenses involving the criminal possession of a firearm, rifle, shotgun or machine gun. Limits plea bargaining to a lesser offense, and provides for minimum mandatory sentences of imprisonment for violations relating thereto. Criminal sanction impact. Codes Comm OPPOSED, the term "any crime" should be changed to "any violent felony". S 385 Skelos, et al. Adds §391-b, General Business Law; adds §409-g, Education Law; amends §§240 & 240.30, Penal Law – Makes the sale of laser pointing devices to persons under 18 years of age a class A misdemeanor. Requires retailers of laser pointing devices to display such devices in a manner which restricts access thereto by the general public. Prohibits students of public and private, elementary and secondary schools from possessing a laser pointing device while at school and makes violation of such prohibition a violation punishable by a fine not to exceed $100. Includes within the class A misdemeanor of aggravated harassment in the second degree, the use of a laser pointing device in a manner likely to cause annoyance or alarm to another person. Criminal sanction impact. Consumer Protection Comm OPPOSED, only when a person is involved in a criminal activity with a laser pointer should it be a crime. Possession alone of a laser pointer without criminal activity should not be a crime. There are many lawful uses of laser pointers. S 422 Skelos, et al. Amends §70.25 & 265.00, add §265.07, Penal Law – Defines the term "laser pointing device" to be any device which emits light amplified by the simulated emission of radiation which is visible to the human eye. Establishes the class E felony of criminal possession of a weapon equipped with a laser pointing device for the possession of any firearm, rifle, shotgun, machine-gun or other type gun which is equipped with a laser pointing device, while in the course of the commission of a felony. Every sentence of imprisonment imposed for such offenses shall run consecutive to the sentences imposed for the underlying felony. Codes Comm NO OBJECTION at least this bill connects possession of a "laser pointing device" to a felony offense. S 666 Goodman Amends §265.00, Penal Law - Expands definition of "armor piercing ammunition" to include any ammunition capable of piercing a bullet proof vest. Codes Com OPPOSED because it will make all rifle ammunition illegal for citizens, as it does not connect possession of this type of ammunition while involved in a serious crime with the crime. S 699 Goodman Adds §265.07, amends §70.02, Penal Law – Creates the class C violent felony of criminal use of an assault weapon for the possession of an assault weapon during the course of the commission of a felony. Criminal sanction impact. Codes Com NO OBJECTION S 710 Goodman Amends §§265.00, 265.01 & 400.00, Penal Law; amends §§720.35 & 725.15, Criminal Procedure Law; amends §§380.1 & 354.1, Family Court Act – Forfeits the right to bear arms by youthful offenders, juvenile delinquents and juvenile offenders who have been convicted of the commission of violent designated felonies. Codes Com NO OBJECTION S 711 Goodman Amends §265.00, add §§265.50 – 265.54, Penal Law – Relates to the possession of firearms or other dangerous weapons at buildings used for educational purposes. Defines building used for educational purposes as any place, enclosed or unenclosed, owned, leased or otherwise used by a pre-kindergarten, elementary or secondary school, college or university, regardless of whether such entity is public, private or parochial; including school sponsored activities outside of normal school hours. Codes Com OPPOSED, this bill makes the usual presumption that firearms in a school is a bad thing. Had a few lawful people at the school where the recent shooting took place been allowed to be armed, it might have been stopped the shooter sooner and most likely no one would have died. S 728 Goodman Amends §265.00, adds §§265.45 & 265.50, Penal Law; adds §396-ii, General Business Law; amends §305, Education Law – Enacts the children’s weapon accident prevention act. Establishes the crimes of criminally negligent storage of a weapon in the 1st and 2nd degree; requires the sale and use of weapon locking devices and requires the commissioner of education to formulate a weapons safety program for children. Criminal sanction impact. Codes Com OPPOSED, current negligence laws are more than sufficient for people who are irresponsible and trigger locks are already required by law to be given with each purchase. Storage of firearms is a personal issue and government should not meddle in private matters. Locking devices render a firearm maintained for self-defense ineffective when needed most, leaving you or loved ones defenseless and vulnerable to attack. S 734 Goodman Amends §400.00, Penal Law, Directs the superintendent of state police to issue rules to prevent the transfer of unsafe firearms to the state; establishes minimum safety and quality standards governing the manufacture of firearms as well as standards for the storage and shipment of firearms into New York; provides for civil penalty of not more than $50,000 for each violation. Codes Co OPPOSED, the superintendent of state police is not qualified to determine what is a safely constructed firearm. Additionally, if the manufacturers made an unsafe or inferior product they would have been sued out of existence long ago. S 735 Goodman Amends §265.00, adds §265.45, Penal Law; adds §396-ii, General Business Law – Enacts the child weapon safety act. Establishes the crimes of criminally negligent storage of a weapon in the 1st and 2nd degree; requires the sale and use of weapon locking devices and requires the commissioner of education to formulate a weapons safety program for children. Criminal sanction impact. Codes Com OPPOSED, for the same reasons as S-728 Legislative intent and findings are false and misleading. The Eddie Eagle Gun Safety program is the only "proven" method of firearm safety education for youngsters. S 742 Goodman Amends Penal Law, generally; adds §231, Executive Law Bans the sale, use or possession of 50-caliber weapons and directs the division of state police to embark on a program whereby persons currently in lawful possession of such weapons may be reimbursed for the fair market value thereof upon turning such weapons in to a designated officer. Codes Com OPPOSED, the legislative findings and declarations are completely false and totally without merit. These firearms have not been involved in any crime anywhere in the state therefore this proposal is just another divide and conquer technique and not needed or unjustified. First it was Saturday night specials, then assault weapons, then large capacity feeding devices and now large caliber guns none of which CAUSE crime or CAUSE people to become criminals. S 769 Dollinger, et al. Establishes a task force to assess data and information compiled by law enforcement personnel and health providers related to incidents of firearm violence and injury. Provides that the task force would designate a state agency to coordinate a statewide system for reporting the nature, incidence and specific causes of firearm violence. Finance Com OPPOSED, the legislative findings and intent on this bill is nothing short of being a pack of lies. Violence is caused by people who use weapons, one of which is firearms, and not by firearms. This bill is nothing but a charade at trying to justify further onerous anti-gun legislation.S 775 Dollinger, et al. Amends Art 3 §§13, 14 & 16, Art 19 §1, Art 4 §7, Art 20 to be Art 21, adds Art 20, Constitution – Grants the power of initiative and referendum to the electors of the state. To propose laws and amendments to the constitution and to approve or disapprove the same by adding a new article 20 to the constitution. Provides for form and number of signatures on petitions; provides that legislature may not address any defeated initiative, indirect initiative or referendum for a period of two years. Judiciary Com OPPOSED, unnecessary, and an expensive way for the state to do business. S 812 Dollinger, et al. Amends §§270.20 & 400.00, Penal Law – Includes the licensing of body vests in the same manner as pistols and revolvers and fees to be paid to the county treasuries outside of the city of New York and the county of Nassau. Strengthens the crime of unlawful wearing of a body vest to make it apply in the commission of any felony, not just a violent felony. Criminal sanction impact. Codes Com OPPOSED, no one should have to ask permission to purchase a garment that might save their life or the life of a loved one. No crime can be committed by simply wearing soft body armor. S 852 Balboni, et al. Amends §70.02, add Art 151 §§151.00 – 151.15, Penal Law – Enacts the "anti-weapons of mass destruction act" to establish felonies relating to the possession, manufacture or use of a weapon of mass destruction; designates such felonies as violent felonies. Criminal sanction impact. Codes Com NO OPINION S 892 Kruger Adds Article §§490 490.00 - 490.35, Penal Law. Enacts the "personalized gun safety act" to test and adopt standards for firearms sold or manufactured in this state. Including, but not limited to, personalizing all firearms manufactured, assembled, altered, offered for sale, sold, traded, transferred, shipped, leased, distributed, acquired or possessed within the state so that only authorized users can operate them. Requires manufacturers and others to comply with the standard four years from the date on which the commissions’ original standard is adopted. Exempts antique firearms and those manufactured prior to the compliance date, however, dealers are prohibited from selling or otherwise transferring those guns. Imposes penalties against those who manufacture, transport or ship firearms that do not meet the safety standard and against those that deface or alter the personalized characteristic. And further enables individuals who are injured or the representative of those killed by the discharge of firearms not meeting the standard to bring an action against the person who fires the weapon and the owner. Codes Com OPPOSED, for same reasons as S-728 and S 734 and additionally because this is just an another opportunity for lawyers sue the arms manufacturers out of business.S 926 Kruger Amends §400.00, Penal Law; add §837-q, Executive Law – Establishes procedure for the suspension and revocation of license to possess a firearm while under the influence of alcohol or drugs; requires person to successfully complete an alcohol and drug rehabilitation program as a condition of the suspension. Codes Com NO OBJECTION, so long as all police officers and people with peace officer status are included otherwise we are OPPOSED. S 972 Dollinger Amends §265.35, Penal Law. Prohibits the discharge of firearms, air guns and other weapons in Monroe county within one-quarter mile of any occupied school building other than under supervised instruction by properly authorized instructors although no injury to any person ensues. Codes Com OPPOSED, there has been no outbreak of firearm discharge to justify this proposal. S 980 Dollinger Amends §11-0931, Environmental Conservation Law Prohibits the discharge of a firearm or long bow within 1000 feet of a school or school playground; increases the distance which hunters may hunt near schools from 500 feet to 1,000 feet. Environmental Conservation Com OPPOSED, there have been no incidents to justify this proposal. S 1027 Goodman Repeals §270.00 sub 5, amends §§265.45, 265.50 & 265.55, Penal Law; add §221-c, Executive Law – Enacts "the regulation of man stopping bullet sales act;" regulates sale and purchase of hollow point ammunition. Codes Com OPPOSED, whatever type of ammunition is available to the police to stop a crime should also be available to every law-abiding citizen to do the same. Criminal misuse is another subject. S 1129 Alesi, et al. Amends § 400.00, Penal Law – Ensures compliance with required background checks on purchasers of guns consistent with federal requirements of the Brady Handgun Violence Prevention Act by providing an independent statutory basis for state enforcement. Criminal sanction impact. Codes Com OPPOSED, New York State law is already more restrictive with
regard to firearms (handguns) than federal law is and therefore this
is not needed. This bill does nothing to keep guns out of the hands
of criminals, it only creates another layer of conditions for lawful
citizens to meet. S 1133 Alesi, et al. Amends §265.09, Penal Law. Provides that additional consecutive sentence of five years of imprisonment imposed upon conviction of criminal use of a firearm in the first degree shall be added to the minimum sentence of imprisonment imposed for the underlying class B felony offense, regardless of whether the sentence therefor was determinate or indeterminate. Codes Com FAVOR S 1139 Alesi Amends §§265.12, 265.13 & 265.15, Penal Law. Decreases the number of firearms constituting criminal sale of a firearm in the second (from ten to three) and first (from twenty to ten) degrees and adds possession with intent to sell such number of guns as a basis for violation of the respective provision. Amends presumption of possession with intent to sell provision by decreasing the number of firearms possessed which triggers the presumption (from five to three). Codes Com NO OBJECTION S 1290 Goodman Amends §§265.10, 265.12 & 265.13, Penal Law – Decreases the number of firearms necessary for conviction of criminal sale of a firearm and further reduces the numbers where the sale is of a firearm. Also changes the classification of criminal transporting or shipping a firearm to increase the permissible penalties assessed therefor. Codes Com NO OBJECTION S 1450 Rath, et al. Adds §§240.59, 240.80, 240.81, 240.82, 240.83 & 240.84, repeals §240.60 sub 4, Penal Law – Establishes felonies relating to the false reporting of an incident of the use of a weapon of mass destruction and placing a false weapon of mass destruction. Criminal sanction impact. Codes Com NO OBJECTION S 1581 Gentile, et al. Amends §§1.20, 190.71, Criminal Procedure Law; amends §§306.1 & 354.1, Family Court Act; repeals & adds §220.00 sub 14, amends Penal Law, generally; adds §414-a, Education Law – Expands criminal liability of juveniles possessing weapons. Expands access to juveniles’ fingerprints; expands penalties for possession of a firearm on school grounds; authorizes posting of gun free school zone signs; expands penalties for sale of drugs on school grounds; defines school grounds as it applies to drug related offenses. Codes Com OPPOSED, this bill makes no provision for lawfully licensed individuals and expands the definition of school grounds to 1000 feet from the real property line. Additionally it makes no attempt to hold harmless or to protect person who acts as a good samaritan coming to the aid and assistance of anyone in need of assistance. S 1619 Gentile, et al. Add §265.07, Penal Law – Establishes the crime of criminal use of a weapon in the first degree. Provides that a person is guilty of such offense when he commits a class B, C or D violent felony offense and during the commission of such crime he uses or threatens to use any dangerous cutting, puncturing or bludgeoning instrument; sets forth sentencing guidelines for such offense. Criminal sanction impact. Codes Com NO OBJECTION S 1620 Gentile, et al. Add §11-108, General Obligation Law. Provides that any person injured in person, property, means of support or otherwise by any person using a handgun obtained illegally, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling or procuring, have caused or contributed to such possession of the illegal handgun. Gives the injured person or the estate the right to recover actual and exemplary damages. Judiciary Com NO OBJECTION s1701 Sampson et al. Amends §400.00, Penal Law; adds §837-q, Executive Law. Establishes procedure for the suspension and revocation of license to possess a firearm while under the influence of alcohol or drugs. Requires a person to successfully complete an alcohol and drug rehabilitation program as a condition of the suspension; provides for the revocation of such license upon two violations of provisions relating to alcohol and drugs within ten years. Codes Com NO OBJECTION, so long as all police officers and people with peace officer status are included otherwise we are OPPOSED. S 1900 Maziarz et al. Amends §§120.13 & 120.14, Penal Law. Removes the act of menacing committed with a deadly weapon, dangerous instrument or firearm from the class A misdemeanor of menacing in the second degree, and includes such act within the provisions of the class E felony of menacing in the first degree. Codes Com NO OBJECTION S 1939 Hevesi, et al. Amends §§400.00 & 265.00, Penal Law; amends §305, Education Law; add §97-uuuu, State Finance Law – Relates to firearm license renewal periods and certification of certain firearms licenses. Requires completion of firearms safety program to obtain a firearms license; establishes children’s weapons safety program designed to protect children from the risk of gun-related death and injury; creates a new type of firearms license; increases license fees for gunsmiths and dealers in firearms. Criminal sanction impact. Codes Com OPPOSED, this is another wish list bill for the anti-gun legislators of this state. 12 hour mandatory training programs (see our "mandatory training limitations" at end of Assembly bill listing). 3 year renewable handgun licenses statewide, increased handgun license fees, children’s safety training program in schools written by people who are politically motivated and not interested in presenting a VALUE NUETRAL agenda. And lastly, this bill allows local issuing agents to require more stringent requirements for a firearms training course undoing any statewide standard. And there should be a standard that applies to all citizens equally. S 1950 Skelos Amends §265.01, Penal Law – Eliminates the intent to use unlawfully against another element with respect to the possession of armor piercing ammunition for the purposes of the class A misdemeanor of criminal possession of a weapon in the fourth degree. Criminal sanction impact. Codes Com OPPOSED, possession of armor piercing ammo alone without a firearm or being involved in a crime should not be criminal. Some of the best bargains of ammo for target shooting purposes is surplus armor piercing ammo. S 1956 Stavisky et al. Amends §265.20, Penal Law, amends §§701 & 703-a, Correction Law. Provides that a person who has been convicted of a violent felony offense and who is issued a certificate of good conduct or relief from disabilities shall not be entitled to obtain a firearm license or to lawfully possess a rifle or shotgun by virtue of such certificates. Codes Com NO OBJECTION S 1990 Libous, et al. Adds §§70.16 & 70.17, amends §§265.00, 265.01, 265.03 & 265.20, Penal Law. Authorizes the court to impose an additional sentence of imprisonment of up to 10 years, to run consecutively to any other sentence for the conviction of the sale of a controlled substance, while possessing a firearm, rifle, shotgun or machine-gun. Authorizes a court to sentence a person, pleading guilty to a superior court information or indictment involving the sale or possession of a controlled substance, to a certification that such person is not suitable to possess a rifle or shotgun. And provides that such person is guilty of the class A misdemeanor of criminal possession of a weapon in the fourth degree if such person possesses a rifle or shotgun thereafter. Provides that a person who possesses a loaded rifle or shotgun outside his home or business and who has been certified as not suitable to possess a rifle or shotgun or has previously been convicted of a felony or serious offense, shall be guilty of the class C felony of criminal possession of a weapon in the second degree. Criminal sanction impact. Codes Com NO OBJECTION S 2119 Maziarz, et al. Adds Art 11 Title 25 §§11-2501 – 11 –2505, Environmental Conservation Law; adds §3204-a, Education Law – Provides for firearm accident prevention instruction to promote firearm safety for children in pre-kindergarten through sixth grade by promoting a safety message "STOP! Don’t touch; leave the area; tell an adult;" authorizes the department of environmental conservation to implement a firearm safety instruction program for such children. Environmental Conservation Com FAVOR S 2279 Bonacic, et al. Amends §400.00, Penal Law – Provides that a properly issued license to carry a pistol or revolver is valid throughout the entirety of the state, including the city of New York. Criminal sanction impact. Codes Com FAVOR S 2302 Volker, et al. Amends §400.00, Penal Law – Establishes a presumption that an applicant for a pistol or revolver license (including to have and carry concealed such a firearm) has proper cause for issuance thereof unless the prior moral, mental or criminal record of the person indicates that good cause exists to believe that any benefit accruing to the person would be outweighed by potential dangers to public safety that would be engendered by issuance of such license. Codes Com FAVOR, this proposal places the burden of proving that you are a danger to society on the government bureaucrats shoulders, where it should be, as opposed to you as an individual proving you have a proper cause to have a handgun license issued. No proper cause would be required under this bill and therefore no restrictions could be imposed on it once issued. S 2424 Schneiderman, et al. Adds §3204-a, Education Law – Provides for a gun violence prevention program in the public schools, to be based on the Straight Talk About Risks (STAR) program of the center to prevent handgun violence. Provides that the program is to be developed by the department of education in conjunction with other state agencies and educational organizations and is to be made available to schools for use in pre-kindergarten through twelfth grade. Provides for a report to the governor and the legislature on the program; enacts the "gun violence prevention act." Education Com OPPOSED, this is not a value neutral program or even a gun safety program as opposed to the Eddie Eagle Gun Safety program, which is. The STAR program demonizes guns and gun owners and the only safety taught is that guns are evil and no normal person would want them. I call that brain washing, not safety or education. S 2458 Seward, et al. Adds §11-108, General Obligation Law – Provides that manufacturers, distributors and sellers of firearms shall not be liable for death or injury due to the use of a firearm by another person. Excludes actions for breach of contract or warranty or where the transferor knew or should have known of any illegal intent to use a firearm by the recipient. Provides that the potential of a firearm to cause injury shall not constitute a defective condition. Judiciary Com FAVOR, S 2465 Libous, et al. Amends §§70.02, 120.11 & 265.09, Penal Law – Re-designates the class B felony of aggravated assault upon a police officer or a peace officer to be aggravated assault upon a public safety officer. Provides that such new felony shall include assaults upon firemen, emergency medical service paramedics and emergency medical service technicians. Requires the imposition of a determinate sentence of imprisonment of between twenty and twenty-five years upon conviction of aggravated assault upon a public safety officer or criminal use of a firearm in the first degree. Eliminates sentence of five years of imprisonment in addition to the indeterminate sentence of imprisonment for the underlying class B felony, upon conviction of criminal use of a firearm. Criminal sanction impact. Codes Com NO OBJECTION S 2601 Markowitz, et al. Adds §11-108, General Obligations Law – Imposes strict liability upon persons who manufacture, sell, lease or dispose of ammunition feeding devices for a firearm which fire unreasonably large numbers of rounds when the discharge of such a feeding device results in injury to a person or property or in death to a person. Excludes manufacturers from such liability if the discharge occurred during the commission of a crime, or by a member of the U.S. armed forces or law enforcement agency. Judiciary Com OPPOSED, how about an exclusion for self-defense or holding the person and not the manufacturer or seller of a product responsible for any wrongful use. This is not strict liability but abusive liability on someone not even remotely connected to criminal use of an otherwise lawful product. There are already laws concerning illegal sale of such products.S 2920 Saland et al. Repeal §400.00 sub 3 b, amends §265.20, Penal Law. Provides a means for providing safety and marksmanship training to an applicant for a pistol license by allowing such applicant to receive temporary, supervised instruction in the safe and responsible use of firearms before such license is issued and permitting the unlicensed possession of a firearm by such applicants for this specific purpose. Codes Com FAVOR |
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