A Message from Katherine N. Lapp [DCJS logo] Director of Criminal Justice and Commissioner, Division of Criminal Justice Services ------------------------------------------------------------------------ Closing the Gun Show Loophole: Effective August 9, 2000 On August 9, 2000, Governor George E. Pataki signed into law a comprehensive legislative package to combat gun violence. This new law places New York State clearly in the lead of states with effective anti-gun violence laws and sends a strong message to criminals that gun crimes will not be tolerated. There are nine distinct areas of reform contained in the bill, which are briefly explained in the following pages. * Closing the Gun Show Loophole * Child Safety Locks * Assault Weapons Ban * Raising the Legal Age for Handgun Licenses * Criminal Purchase of a Weapon * DNA for Handguns * Gun Trafficking Interdiction Program * Failure to Report Lost or Stolen Guns * "Smart Gun" Study * Additional Information CLOSING THE GUN SHOW LOOPHOLE: Effective August 9, 2000 Under the federal Brady Law enacted in 1994, federally licensed firearms dealers are required to conduct a National Instant Criminal Background check on any prospective purchaser prior to selling a firearm. This requirement, however, does not apply to purchases made at gun shows from private collectors. Chapter 189 closes this loophole. The General Business Law is amended to require the operator of a gun show to clearly provide notice to all exhibitors and attendees at a gun show that a National Instant Criminal Background Check must be completed prior to a sale or transfer of any firearm, rifle or shotgun. The required check may be accomplished by either individual exhibitors who are authorized to perform the check or at a designated location by an authorized individual. The gun show operator may face a civil penalty not exceeding ten thousand dollars for a violation. Under the new law, no firearm, rifle or shotgun may be sold or transferred at a gun show without a National Instant Criminal Background Check being conducted nor shall any person offer or agree to sell a firearm, rifle or shotgun at a gun show and then transfer or deliver such weapon at a location other than the gun show for the purpose of evading or avoiding the check. A violation of this requirement is a class A misdemeanor punishable as provided in the Penal Law. CHILD SAFETY LOCKS: Effective November 1, 2000 Chapter 189 amends the General Business Law to require any person, firm or corporation engaged in the retail business of selling rifles, shotguns or firearms to provide a gun locking device at the time of sale, delivery or transfer. Additionally, notices regarding gun safety are to be posted in all retail establishments and affixed to the weapon itself or be included in the container in which the weapon is delivered. Failure to comply with these provisions is a violation for a first offense and a class A misdemeanor for a second or subsequent offense. ASSAULT WEAPONS BAN: Effective November 1, 2000 Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition feeding devices. New York law, however, did not specifically address the possession and sale of military-style weapons or those with excessively large ammunition capacities. The provisions contained in Chapter 189 mirror the current provisions of federal law by defining and prohibiting activities related to a "semiautomatic assault weapon" and a "large capacity ammunition feeding device". The term "assault weapon" includes a designated list of federally barred firearms, as well as semiautomatic rifles, shotguns or pistols that possess at least two specified characteristics, such as a folding or telescoping stock, a bayonet mount, a flash suppressor or a silencer. A specific list of weapons manufactured on or before October 1, 1993, which are set forth in federal law, are not banned. The term "large capacity ammunition feeding device" means a magazine or similar device manufactured after September 13, 1994 which has the capacity to accept more than ten rounds of ammunition, but does not include a tubular device which only accepts .22 caliber ammunition. The Penal Law will now include the possession of an assault weapon and the possession of a large capacity ammunition feeding device within its definition of the class D violent felony of criminal possession of a weapon in the third degree. Thus, the law will now treat the illegal possession of an unloaded assault weapon as seriously as the possession of a loaded handgun. Moreover, because this law adds an "assault weapon" to the definition of a "firearm," the current penalties attaching to the criminal use of a firearm will also apply to the use of an assault weapon. RAISING THE LEGAL AGE FOR HANDGUN LICENSES: Effective November 1, 2000 New York law is currently silent regarding the legal age at which a person may be licensed to possess a hand gun. In practice, however, a licensing officer who must determine an applicant's eligibility generally will not license an individual under the age of 18. Chapter 189 amends the Penal Law to explicitly provide that a license to carry, possess, repair or dispose of a firearm shall only be issued to a person 21 years of age or older, unless such person 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. An additional exception was also included for an individual over the age of 18 but under the age of 21 to possess a pistol or revolver at a pistol range in a shooting competition if certain requirements are met. CRIMINAL PURCHASE OF A WEAPON: Effective November 1, 2000 A new Penal Law crime entitled Criminal Purchase of a Weapon is created. Under the new crime it will be a class A misdemeanor for a person who, knowing that he or she is prohibited by law from possessing a firearm, rifle or shotgun, attempts to purchase such a weapon. Further the "straw purchaser", that is, a person who purchases a firearm, rifle or shotgun for use of a person who the purchaser knows is prohibited by law from possessing such a weapon, will also be a class A misdemeanor. DNA FOR HANDGUNS: Effective March 1, 2001 Chapter 189 adds a new section to the General Business Law to require gun manufacturers, effective March 1, 2001, who ship pistols or revolvers into New York State for retail sale to provide to dealers a shell casing for each hand gun. The shell casing would be encased in a sealed container and shipped with the gun to the dealer. Within ten days of selling a pistol or revolver, the dealer must forward the sealed container containing the casing to the New York State Police who would then enter the ballistics information into a ballistics databank. If a dealer receives a handgun from a manufacturer after March 1, 2001 which does not have a shell casing in a sealed container, the dealer can obtain a shell casing fired from the pistol or revolver by participating in a program that will be operated by the State Police. GUN TRAFFICKING INTERDICTION PROGRAM: Effective November 1, 2000 Under Chapter 189, a gun trafficking interdiction program is to be established within the Division of Criminal Justice Services to distribute funds for the purpose of interdicting guns and components of guns illegally entering New York with a focus on those states from which a substantial number of guns enter this state. A gun tracing program is also to be established within the Division of State Police to create a central clearinghouse of information on guns recovered by law enforcement agencies which are believed to have been used in the commission of a crime. FAILURE TO REPORT LOST OR STOLEN GUNS: Effective November 1, 2000 There currently are provisions in the Penal Law which set forth procedures to be followed whenever a person reports the theft or loss of a firearm, rifle or shotgun; however, there is no mandate that the owner report the theft or loss of the weapon. Chapter 189 amends the Penal Law to mandate that the theft or loss of a firearm, rifle or shotgun be reported to a police or sheriff's department within 24 hours of discovery of the theft or loss. The failure to report such a loss shall be punishable by a fine not to exceed one hundred dollars. "SMART GUN" STUDY: Effective August 9, 2000 Under Chapter 189, the Superintendent of State Police is directed to conduct a comprehensive study and submit a report with recommendations to the Governor and the Legislature no later than October 1, 2001 regarding the availability and feasibility of personalized firearm or "smart gun" technology designed to limit access of a firearm only to the authorized user of the weapon. ADDITIONAL INFORMATION: * View the text of Chapter 189 of the Laws of 2000. 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