Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that expands the definition of a prohibited "assault weapon," increases penalties for crimes committed with guns, requires background checks for private gun sales, establishes a statewide gun registration database, and prohibits gun ownership by mentally ill patients.

Highlights:

• Expands the definition of a prohibited assault weapon to include any semiautomatic rifle, shotgun, or pistol that has the ability to support at least 1 of the following characteristics, but is not limited to (Sec. 37):
• A thumbhole stock;
• A flash suppressor;
• A second handgrip; or
• A protruding grip that can be held by the non-trigger hand;

• Prohibits any firearm from containing more than 7 rounds of ammunition, whereas current law authorizes 10 rounds (Sec. 38).

• Classifies the intentional killing of a member of a first response team in the process of his or her professional duties as aggravated murder and murder in the first degree, with a penalty of life in prison without parole (Secs. 34-36).

• Requires a firearm owner that resides with an individual who is prohibited to possess a firearm to safely store a rifle, shotgun, or firearm through means of a safe or other similar container (Sec. 47).

• Requires a firearm owner to report the theft or loss of a firearm, rifle, shotgun, or ammunition within 24 hours to any police department or sheriff’s office (Sec. 51).

• Requires a licensed to complete a background check before any private sale, exchange, or disposal of a firearm, rifle, or shotgun, with a fee of no more than $10 per transaction (Sec. 17).

• Establishes a Statewide License and Record Database which is maintained by the Division of State Police in order to retain statuses of license applications, current licenses, and identification data regarding dealers and sellers of ammunition and firearms (Secs. 49-50).

• Authorizes applicants of firearm licenses to request an exemption to prevent his or her application information from becoming public record (Sec. 48).

• Requires all firearm registrants to renew their license with the Division of State Police every 5 years (Sec. 48).

• Requires an individual who already possesses an assault weapon as defined by this bill to register the firearm within 1 year of the effective date of this bill’s implementation (Sec. 48).

• Requires sellers and dealers of ammunition to keep a record book of every ammunition sale (Sec. 50).

• Requires a mental health professional to report an individual receiving treatment services to the Director of Community Services if the mental health professional determines the individual is likely to engage in harmful conduct to his or herself, or others (Sec. 20).

• Requires the Director of Community Services to transmit information about individuals identified as a danger to themselves or others to the Department of Criminal Justice Services, which is authorized to (Sec. 20):
• Determine whether the individual is ineligible for a firearm license;
• Suspend or revoke the individual’s existing license; or
• Confiscate firearms the individual currently possesses.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands the definition of a prohibited "assault weapon," increases penalties for crimes committed with guns, requires background checks for private gun sales, establishes a statewide gun registration database, and prohibits gun ownership by mentally ill patients.

Highlights:

• Expands the definition of a prohibited assault weapon to include any semiautomatic rifle, shotgun, or pistol that has the ability to support at least 1 of the following characteristics, but is not limited to (Sec. 37):
• A thumbhole stock;
• A flash suppressor;
• A second handgrip; or
• A protruding grip that can be held by the non-trigger hand;

• Prohibits any firearm from containing more than 7 rounds of ammunition, whereas current law authorizes 10 rounds (Sec. 38).

• Classifies the intentional killing of a member of a first response team in the process of his or her professional duties as aggravated murder and murder in the first degree, with a penalty of life in prison without parole (Secs. 34-36).

• Requires a firearm owner that resides with an individual who is prohibited to possess a firearm to safely store a rifle, shotgun, or firearm through means of a safe or other similar container (Sec. 47).

• Requires a firearm owner to report the theft or loss of a firearm, rifle, shotgun, or ammunition within 24 hours to any police department or sheriff’s office (Sec. 51).

• Requires a licensed to complete a background check before any private sale, exchange, or disposal of a firearm, rifle, or shotgun, with a fee of no more than $10 per transaction (Sec. 17).

• Establishes a Statewide License and Record Database which is maintained by the Division of State Police in order to retain statuses of license applications, current licenses, and identification data regarding dealers and sellers of ammunition and firearms (Secs. 49-50).

• Authorizes applicants of firearm licenses to request an exemption to prevent his or her application information from becoming public record (Sec. 48).

• Requires all firearm registrants to renew their license with the Division of State Police every 5 years (Sec. 48).

• Requires an individual who already possesses an assault weapon as defined by this bill to register the firearm within 1 year of the effective date of this bill’s implementation (Sec. 48).

• Requires sellers and dealers of ammunition to keep a record book of every ammunition sale (Sec. 50).

• Requires a mental health professional to report an individual receiving treatment services to the Director of Community Services if the mental health professional determines the individual is likely to engage in harmful conduct to his or herself, or others (Sec. 20).

• Requires the Director of Community Services to transmit information about individuals identified as a danger to themselves or others to the Department of Criminal Justice Services, which is authorized to (Sec. 20):
• Determine whether the individual is ineligible for a firearm license;
• Suspend or revoke the individual’s existing license; or
• Confiscate firearms the individual currently possesses.

Full Bill Text