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NY seals 1st state gun laws since Newtown massacre

Legislation has toughest restrictions on weapons in U.S.

Tuesday, January 15, 2013
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Governor Andrew Cuomo introducing the NY SAFE Act in the Red Room at the Capitol in Albany on Monday, January 14, 2013.
Photographer: Patrick Dodson
Governor Andrew Cuomo introducing the NY SAFE Act in the Red Room at the Capitol in Albany on Monday, January 14, 2013.

— New York lawmakers agreed to pass the toughest gun control law in the nation and the first since the Newtown, Conn., school shooting, and now dare other states and Washington to follow.

"This is a scourge on society," Gov. Andrew Cuomo said Monday night, six days after making gun control a centerpiece of his progressive agenda in his State of the State address. The bipartisan effort was fueled by the Newton tragedy that took the lives of 20 first graders and six educators. "At what point do you say, 'No more innocent loss of life.'"

Sen. Jeffrey Klein, leader of the Independent Democratic Conference in the Senate, said it is landmark legislation. "This is not about taking anyone's rights away," said Klein, a Bronx Democrat. "It's about a safe society ... today we are setting the mark for the rest of the county to do what's right."

Newly elected Assemblyman Phil Steck , D-Colonie, was planning to vote for the bill whenever it reached the floor.

"I'm strongly in favor of it," he said. "I think it's an important step forward."

He added that there are "certainly a lot of problems" the legislation doesn't address -- including gun trafficking state to state -- but said more solutions could be added later, when they are developed.

"As with any legislation, it can be amended at a later date," he said.

But local Republican representatives were largely opposed.

The rush to move the legislation was criticized by Assemblyman Tony Jordan, R-Jackson, who was recently elevated to the second position in his conference. He argued that the message of necessity from Gov. Andrew Cuomo , which skips the three-day aging period for legislation, was a political move by the governor.

Jordan said the state Legislature should take time to debate the issue of gun violence, including mental health concerns, for at least a few days. Instead, he said, "what we're getting is a rush to pass this.

Assemblyman James Tedisco , R-Glenville, said he planned to vote no.

"It would be a shame not to do something about the type of violence we've seen recently but it would be more shameful to do something that accomplishes nothing except giving people a false sense of well-being," he said in a written statement Monday.

"Tonight we're being asked to vote on legislation that would purportedly make New York a safer state but will accomplish nothing but penalizing law-abiding New Yorkers. Here are the facts: rifles accounted for five of the 769 homicides in New York State in 2011. That same year, 161 deaths were caused by stabbings and 31 were from a blunt instrument such as a hammer. This legislation does not take any of this into account."

But he added that he supports increased penalties for those who commit violence on school grounds, use an illegal gun or give a gun to someone who isn't allowed to have one. He also supports strengthening mental health laws, he said.

Check out how other local state representatives feel about the package at the Capital Region Scene.

The measure, which calls for a tougher assault weapons ban and restrictions on ammunition and the sale of guns, passed the Senate 43-18 on the strength of support from Democrats, many of whom previously sponsored bills that were once blocked by Republicans. The Democrat-led Assembly gaveled out before midnight and planned to take the issue up at 10 a.m. Tuesday. It is expected to pass easily.

The governor confirmed the proposal, previously worked out in closed session, also would mandate a police registry of assault weapons, grandfathering in assault weapons already in private hands.

It would create a more powerful tool to require the reporting of mentally ill people who say they intend to use a gun illegally and would address the unsafe storage of guns, the governor confirmed.

It was agreed upon exactly a month since the Sandy Hook Elementary School tragedy.

"It is well-balanced, it protects the Second Amendment," said Senate Republican leader Dean Skelos of Long Island. "And there is no confiscation of weapons, which was at one time being considered.

"This is going to go after those who are bringing illegal guns into the state, who are slaughtering people in New York City," Skelos said. "This is going to put people in jail and keep people in jail who shouldn't be out on the street in the first place."

Sen. Andrea Stewart-Cousins of Yonkers noted most bills had been pushed by Democrats in past years, but bottled up by Republicans.

"The Senate Democrats were proud to provide the votes to make this crucial package possible," said Stewart-Cousins, leader of the traditional Democratic conference. "The fact is, the bills passed today should have been enacted a long time ago."

Cuomo said he wanted quick action to avoid a run on assault rifles and ammunition as he tries to address what he estimates is about 1 million assault rifles in New York state.

Republican Sen. Greg Ball called that political opportunism in a rare criticism of the popular and powerful governor seen by his supporters as a possible candidate for president in 2016.

"We haven't saved any lives tonight, except one: the political life of a governor who wants to be president," said Ball who represents part of the Hudson Valley. "We have taken an entire category of firearms that are currently legal that are in the homes of law-abiding, tax paying citizens. ... We are now turning those law-abiding citizens into criminals."

Under current state law, assault weapons are defined by having two "military rifle" features spelled out in the law. The proposal would reduce that to one feature and include the popular pistol grip.

Private sales of assault weapons to someone other than an immediate family would be subject to a background check through a dealer. Also Internet sales of assault weapons would be banned, and failing to safely store a weapon could be subject to a misdemeanor charge.

Ammunition magazines would be restricted to seven bullets, from the current 10, and current owners of higher-capacity magazines would have a year to sell them out of state. An owner caught at home with eight or more bullets in a magazine could face a misdemeanor charge.

In another provision, a therapist who believes a mental health patient made a credible threat to use a gun illegally would be required to report the incident to a mental health director who would have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.

The legislation also increases sentences for gun crimes including the shooting of a first responder that Cuomo called the "Webster provision." Last month in the western New York town of Webster, two firefighters were killed after responding to a fire set by the shooter, who eventually killed himself.

Senate Deputy Majority Leader Thomas Libous of Broome County voted against the bill and said it was a tough vote for upstate Republicans.

"I have had thousands of emails and calls," Libous said. "I have to respect their wishes." He said many of constituents worry the bill will conflict with the Second Amendment's right to bear arms while others anguish over shootings like at Newtown, Conn., and Columbine, Colo.

The closed-door meetings prompted about a dozen gun workers to travel more than two hours to Albany to protest the legislation they say could cost 300 to 700 jobs in the economically hard-hit Mohawk Valley.

"I have three small kids myself," said Jamie Rudall, a unionized worker who polishes shotgun receivers. "So I know what it means, the tragedy ... we need to look at ways to prevent that, rather than eliminate the rights of law-abiding citizens."

In the gun debate, one concern for New York is its major gun manufacturer upstate.

Remington Arms Co. makes the Bushmaster semi-automatic rifle that was used in the Connecticut shootings and again on Christmas Eve when the two firefighters were slain in Webster. The two-century-old Remington factory in Ilion in central New York employs 1,000 workers in a Republican Senate district.

Assemblyman Marc Butler, a Republican who represents the area, decried the closed-door meetings by Senate Republicans and the Democratic majority of the Assembly as "politics at its worst."

The bill would be the first test of the new coalition in control of the Senate, which has long been run by Republicans opposed to gun control measures. The chamber is now in the hands of Republicans and five breakaway Democrats led by Klein, an arrangement expected to result in more progressive legislation.

Former Republican Sen. Michael Balboni said that for legislators from the more conservative upstate region of New York, gun control "has the intensity of the gay marriage issue." In 2011, three of four Republicans who crossed the aisle to vote for same-sex marriage ended up losing their jobs because of their votes.

___

AP Writer Michael Virtanen contributed to this report from Albany.

 
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comments

January 15, 2013
6:49 a.m.
tues8capt says...

I have to sell my 10round magazines out-of-state? So someone in another state gets to deal with their assinine politicians? I agree with Greg Ball and Marc Butler; it's all about politics and control. Skelos, take your head out of your butt!

January 15, 2013
7:33 a.m.
bostonredsoxfan says...

My grandfather was born in Ilion, and lived there almost his entire life. He also worked for Remington. I feel for all of the workers at the Arms plant, and for the people of Ilion. That said, the appropriate response to their economic needs is for the state to offer assistance in drawing in other businesses and forms of manufacturing, not ignoring the gun problem.

January 15, 2013
7:58 a.m.
hodgkins.t says...

Farley voted to keep high capacity magazines, and anti-personnel weapons legal.

January 15, 2013
8:19 a.m.
cfield says...

They won't think of us again till they need your votes! Let's take up our cause now! Term limits, and reform how they are paid and their benefit packages! We as a state can not longer pay life time insurance and pensions on PT employees after serving(yeah I know poor word to use since they serve themselves) one day!

January 15, 2013
11:15 a.m.
smith says...

Once again the gov. and dems. have taken the easy, ineffectual route, catering to the dim witted supporters of his left wing extremism, rather than doing the hard work of solving the problem. It shows that the perspicacity required to solve NY problems is absent.

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