The bill was passed 43-18 by the State Senate Monday night and has been delivered to the Assembly for passage. In a case of classic doublethink, the Republican Majority Leader Dean G. Skelos said the draconian gun ban "protects the Second Amendment", and boasts as if the public is lucky and should be thankful, noting "there is no confiscation of weapons, which was at one time being considered." Skelos, a 64 year old lawyer who's been in office since 1980, ran for office on a "conservative pro-life" platform and once had President Ronald Reagan come to his district to campaign for him in 1984.
Section 2801-B of the bill states "THE GOVERNOR SHALL ESTABLISH NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS, WHICH MAY BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND THE DEPARTMENT."
Section 6-c. A. includes expenditures "for the purchase of stationary metal detectors, security cameras, safety devices for electrically operated partitions and room dividers ...or other security devices approved by the commissioner that increase the safety of students and school personnel."
Section 48 "expands the criteria for denial based on an applicant's history of mental illness." Banned from buying guns will be expatriots who have renounced their citizenship, those dishonorably dischgarged from the military, and those not "of good moral character". Another vague provision notes that licenses can be issued for applicants "concerning whom no good cause exists for the denial of the license." 'Good cause' is not defined.
Two of the 18 republicans who voted against the bill, Republican Senator Greg Ball and Senate Deputy Majority Leader Thomas Libous were quoted as speaking against it. On his website, Ball wrote:
SENATOR BALL ON CUOMO'S GUN GRAB
Posted by Greg Ball on Monday, January 14th, 2013
Albany, N.Y. 1/14/2013 "We needed solid provisions to keep the violently, mentally ill from harming our communities, our kids and our families. That didn't happen tonight. While much in this bill, as far as stiffer penalties for real criminals and help on the mental health front is good, the last minute push, in the middle of the night without critical public input from sportsmen and taxpayers was outrageous and forced members to vote on a bill they had not read. While I'm glad we won on many fronts, including my permit privacy legislation against the Journal News, I simply cannot support a bill that turns law abiding citizens into criminals by creating an entire new category of illegal firearms out of currently legal rifles and shotguns," said Senator Greg Ball.
On his website, Senator Tom Libous wrote "Senate Passes Gun Control Bill: The Senate passed S.2230 tonight. I voted "NO" along with 17 other Senators. You can read it by clicking below."
Excerpts of the bill are below. It can be found in its entirety here.
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TITLE OF BILL:
An act to amend the criminal procedure law, the correction law, the family court act, the executive law, the general business law, the judiciary law, the mental hygiene law, the penal law and the surrogate's court procedure act, in relation to suspension and revocation of firearms licenses; private sale or disposal of firearms, rifles or shotguns and establishing a minimum age to possess a firearm; to amend the family court act, the domestic relations law and the criminal procedure law, in relation to providing for the mandatory suspension or revocation of the firearms license of a person against whom an order of protection or a temporary order of protection has been issued under certain circumstances, or upon violation of any such order; to amend the penal law, in relation to community guns and the criminal sale of a firearm and in relation to the definitions of aggravated and first degree murder; to amend chapter 408 of the laws of 1999 constituting Kendra's Law, in relation to extending the expiration thereof; and to amend the education law, in relation to the New York state school safety improvement teams; and in relation to building aid for metal detectors and safety devices
This legislation will protect New Yorkers by reducing the availability of assault weapons and deterring the criminal use of firearms while promoting a fair, consistent and efficient method of ensuring that sportsmen and other legal gun owners have full enjoyment of the guns to which they are entitled. A thoughtful network of laws provides the toughest, most comprehensive and balanced answer in the nation to gun violence. Through this legislation, New York is the first in the nation to completely ban all pre-1994 high capacity magazines; to ban any magazine that holds more than seven rounds (rather than a limit of ten) and to both track ammunition purchases in real time to permit alerts on high volume buyers, while also checking on the buyer's background.
In a range of reforms the bill attends to the weaknesses in the state's current regulatory structure to bring a consistency and rationality that must be the cornerstone of a safe society. A single standard across the State will ensure that legal gun owners obtain their licenses expeditiously while those prohibited are denied that privilege. A statewide database will keep the registry current and guard against the dangerous or unstable possessing guns. New rules will close a loophole that excludes private sales of guns from a federal background check; tighten provisions governing gun ownership by persons with serious mental illness; require safe storage of guns for gun owners who live with someone who has been convicted of certain crimes, is under an order of protection, or who has been involuntarily committed as a result of a mental illness. The bill also creates new and enhanced penalties for illegal gun use, and enhances protections for victims of domestic violence by requiring the firearm surrenders and gun license suspension and revocation in cases where an order of protection has been issued. http://open.nysenate.gov/legislation/bill/S2230-2013
VOTE: FLOOR VOTE: - Jan 14, 2013
Ayes (43): Adams, Addabbo, Avella, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Felder, Flanagan, Fuschillo, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Marcellino, Martins, Montgomery, O'Brien, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky
Nays (18): Ball, Bonacic, DeFrancisco, Farley, Gallivan, Griffo, Larkin, Libous, Little, Marchione, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Seward, Young
Excused (1): Zeldin
EXPATRIOTS BANNED FROM GUNS UNDER NY NEW LAW:
"No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character; (c) who has not been convicted anywhere of a felony or a serious offense; ((G) WHO HAS NOT BEEN DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; (H) WHO, HAVING BEEN A CITIZEN OF THE UNITED STATES, HAS NOT RENOUNCED HIS OR HER CITIZENSHIP; (I) who has stated whether he or she has ever suffered any mental illness [or been confined to any hospital or institution, ... (N) concerning whom no good cause exists for the denial of the license.HOMELAND SECURITY TO MEDDLE IN SCHOOLS:
NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS. THE GOVERNOR SHALL ESTABLISH NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS, WHICH MAY BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVI SION OF CRIMINAL JUSTICE SERVICES, AND THE DEPARTMENT. SUCH NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS SHALL REVIEW AND ASSESS SCHOOL SAFETY PLANS SUBMITTED, ON A VOLUNTARY BASIS, BY SCHOOL DISTRICTS HAVING A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND COUNTY VOCATIONAL EDUCA TION AND EXTENSION BOARDS, AND MAY MAKE RECOMMENDATIONS TO IMPROVE SUCH SCHOOL SAFETY PLANS.