How New York plans to take guns from domestic abusers

Joseph Spector | Gannett

Show Caption Hide Caption Video: Cuomo discusses stronger gun law Gov. Andrew Cuomo spoke to reporters Friday, March 30, 2018, at the state Capitol, about the passage of the state budget, including a measure to strengthen gun-control laws against domestic abusers. Cuomo said he didn't know at the time whether the bill would pass the state Legislature, but it ultimately did later that night.

ALBANY, N.Y. — Domestic abusers in New York who are convicted on either felony or many misdemeanor charges will have their firearms taken from them.

Gov. Andrew Cuomo and the state Legislature struck a deal as part of state budget negotiations that will toughen gun-control laws for people convicted of domestic abuse.

In addition to expanding the type of crimes that will require confiscation of guns, it will also broaden current law to include the surrender of all firearms, not just handguns, associated with certain domestic crimes.

"The recent wave of mass shootings is horrifying, and the federal government's failure to act on any form of meaningful gun safety laws is unconscionable," Cuomo said in a statement.

"New York is once again leading the way to prevent gun violence, and with this common sense reform, break the inextricable link between gun violence and domestic violence."

What the law does

New York passed the controversial gun-control law called the SAFE Act in January 2013 in the wake of the Newtown, Conn., school shooting.

After the Parkland, Fla., school shooting in February, Cuomo and state lawmakers introduced proposals to strengthen gun laws.

Senate Republicans wanted state aid for school-resources officers, while Assembly Democrats wanted more stringent laws.

They settled on the measure focusing on domestic abusers.

While it was negotiated as part of the state budget adopted early Saturday, it was approved as a separate bill.

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Advocates praised the bill's passage, saying it would keep guns out of the hands of dangerous abusers.

New York law had prohibited the possession of firearms for individuals convicted of a felony or for a limited number of serious misdemeanors.

But a number of misdemeanors were not included, such as various convictions on menacing, assault and unlawful imprisonment.

So the new law, once signed by Cuomo, will add a number of the misdemeanors to the gun-control law.

How will it work?

It will take effect 60 days after Cuomo signs it.

Federal law bans gun ownership by those convicted in domestic violence cases, but the law varies by state and how it is enforced, as well as how it is reported to authorities, state officials said.

The new New York law will require the courts to notify the state Division of Criminal Justice Services of any convicted domestic abusers.

Then the state will report the abusers to the FBI — which will identify them and prohibit them from purchasing and possessing a firearm.

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The law will also require the courts to notify law enforcement to take away "firearms, rifles and shotguns" upon a conviction on a felony or serious offense.

Also, the law will ensure individuals wanted for a felony or other serious offense are not able to obtain or renew a firearm license, Cuomo said.

"This change will make certain that the general public as well as the law enforcement who are actively seeking to arrest a wanted individual are not needlessly endangered by that individual obtaining new firearms," Cuomo's office said.

The group Prevent Child Abuse New York lauded the bill, saying it would help children and families who face domestic abuse.

The group said that orders of protections in New York are at a five-year high, while intimate partner homicides increased from 64 in 2015 to 78 in 2016.

"Children exposed to domestic violence suffer trauma that impacts the rest of their lives," the group said in a statement.

"This legislation will help keep families safe and prevent greater trauma down the line."

But some Republicans criticized the law.

Rep. Claudia Tenney, R-New Hartford, Oneida County, criticized her Democratic challenger, Assemblyman Anthony Brindisi, for voting for the measure.

She said the law will stop "anyone trying to obtain a gun license who is being sought by law enforcement on a warrant for a felony or 'serious offense' even before they receive due process."

Tenney, a former assemblywoman, added, "The bill also allows guns to be confiscated before gun owners can challenge the orders and receive a hearing."

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