Cautiously Optimistic About NY's New Law

[zminer]

I was surprised today to read about a new proposed law from New York's Governor Paterson that actually doesn't sound like an attack on firearms owners. According to the press release, the law has several major components:

* Gun dealers and gunsmiths have to undergo the NICS check, if their job requires them to handle firearms

* Gun dealers and gunsmiths have to undergo the NICS check when they renew their licenses (every 3-5 years)

* Change reporting to NICS so that misdemeanor domestic abuse charges are forwarded to NICS (... uhhh, they weren't before? )

but, best of all:

* The street addresses of pistol license holders will be removed from public records, ostensibly to prevent criminals from being able to target addresses where they know there will be firearms

Given the crazy legislation that's working its way through the NY Senate, and the bill currently being considered in Albany county to require enhanced tracking of people who are purchasing ammunition, I'd say that the proposed laws are pretty benign and (in the case of the addresses) actually helpful to gun owners.

What do y'all think?

 

[Phatty]

Without having the benefit of reading the text of the bill myself, I'd bet good money that this

The street addresses of pistol license holders will be removed from public records

really means this:

The street addresses of pistol license holders will be removed from publicly available records

I'm extremely skeptical that the government is going to stop keeping records of gun owners in New York. This bill probably just makes those records unavailable to John Q. Public.

 

[USSR]

* Gun dealers and gunsmiths have to undergo the NICS check when they renew their licenses (every 3-5 years)

Uh, not quite right. All NYS firearms licence holders (i.e. pistol permit holders) will be required to renew their licenses every 3-5 years. At the present time, pistol permits are lifetime issue without renewal. Do you suppose there will be a small fee (always subject to change, as in being raised) associated with renewal?

Don

 

[zminer]

This bill probably just makes those records unavailable to John Q. Public

I agree - that is the only thing it does. But, heck, isn't that a step forward? Given the licensing system we have now, there isn't any way for them to purge the state's records so that addresses are inaccessible to everyone, and still maintain a system where every (legal) handgun is linked to a name and address. So, yeah, it isn't the best thing ever, but I think it's better than letting any thief get who wants my address the info he needs to come steal my guns.

All NYS firearms licence holders (i.e. pistol permit holders) will be required to renew their licenses every 3-5 years.

I might not understand what you mean, so correct me if I am wrong. The bill that Paterson is pushing will require gunsmiths and gun dealers to undergo NICS when they renew their gunsmithing and/or gun owning licenses, not their pistol licenses. Hopefully the laws that are pending now about changing the lifetime license to a 3-5 year license won't pass, but I'm not confident.

 

[Travis Bickle]

* Gun dealers and gunsmiths have to undergo the NICS check, if their job requires them to handle firearms

* Gun dealers and gunsmiths have to undergo the NICS check when they renew their licenses (every 3-5 years)

Doesn't federal law already require this?

 

[USSR]

http://www.ny.gov/governor/press/press_0528092_print.html

Any person holding a New York firearm, gunsmith or firearm dealer license would have to undergo a NICS check at the time of renewal or every five years in the case of a permanent license. Currently, most jurisdictions in the State issue permanent gun licenses; others issue licenses that require renewals. This bill would not change licensing officials’ authority to issue permanent licenses, nor would it make existing permanent licenses expire. By requiring a periodic NICS check, it would, however, ensure that licensing officials have information necessary to assess whether the license holder is still lawfully entitled to possess a handgun.

When they say "firearm license" or "gun license", they are talking about pistol permits. I got it slightly wrong in stating that permanent issue pistol permit holders will be required to renew their permits every 3-5 years. What will happen is, a NICS check will be performed on them every 3-5 years. Somehow, I don't think the county official who performs the NICS check is going to pick up the tab.

Don

 

[zminer]

It's funny (and not funny ha-ha) that the press release says, "By requiring a periodic NICS check, it would, however, ensure that licensing officials have information necessary to assess whether the license holder is still lawfully entitled to possess a handgun," as if a NICS check is the only thing you need in order to be lawfully entitled to possess a hangun in New York. Tell that to the people who are laboring through the expensive and lengthy pistol licensing process...

 

[Speedo66]

Most counties in NY are lifetime licenses, not all.

NYC, Nassau, Westchester, and possibly others have a time frame of several years, not lifetime.

 

[Old Fuff]

Perhaps His Excellency, the Esteemed Governor of New York; is unaware that NICS (National Instant Criminal Background Check System) is part of the FBI (Federal Bureau of Investigation) and by law, the facility can only be used by federally licensed gun manufacturers, distributors, or dealers, and then only when they are in the process of selling or otherwise transferring a firearm to an unlicensed person, company or corporation.

Thus His Excellency cannot piggyback his desire to get background checks made for other purposes or reasons, or by other parties; at least so far as NICS is concerned.

Of course in New York they sometimes think that the Federal Government is subordinate to themselves, but I suspect if someone actually bothers to obtain and read the rules and regulations (not to mention the statutes) they will have to go back to square one with this proposal.