New York Governor Cuomo Signs New Gun Regulations Into Law

[Watchdog]

None of this should come as any surprise to New York residents.

New York is extending the waiting period for certain gun purchases from three days to 30 days to give authorities more time to run background checks. The change signed into law Monday by Democratic Gov. Andrew Cuomo will apply when a federal instant background check returns inconclusive results for a potential gun buyer.

The governor is on a roll here, signing into law other measures...one bans the sale and possession of bump stocks, another bans 3-D printed and manufactured firearms, and yet another mandates stricter regulations for gun storage in the home.

Quoting from one report:

"'Stronger background checks will help keep guns away from dangerous people,' said Sen. Michael Gianaris, D-Queens and the Senate sponsor of the bill."

Yes, well, how many times have we heard that?

Interested forum members may read about this by clicking here or here or here. All sources say more or less the same thing.

 

[zogger]

How can this be legal? The state is changing the federal law that only requires 3 days. How can they do this?

 

[deadin]

How can they do this?

Basically a State can enact a stricter law then the Feds. They can't "lessen" a Federal Law. (Other than marijuana....)

 

[LoboGunLeather]

How can this be legal? The state is changing the federal law that only requires 3 days. How can they do this?

How can they do this? A simple stroke of the pen. Legal or illegal, constitutional or unconstitutional, you can very easily become the test case, in which you may require big bucks to argue your case and/or appeal your conviction.

I prefer not being the test case.

 

[riverrat38]

I wouldn't want a failed defense named after me.
Or, a disease, either!

Best,
Rick

 

[stansdds]

Yes, any state can enact waiting periods, restrictions on how often purchases can be made, or enact laws that strengthen federal laws. States cannot simply ban ownership as that is protected by the second amendment (for now), but they can make purchasing and ownership a lengthy and onerous process as well as banning magazines and ammo as those items are not specifically mentioned in the Bill of Rights. I fear that our founders thought that common sense would prevail on such issues. Sadly, common sense died a long time ago, pretty sure I read its obituary somewhere.

 

[Watchdog]

Another Gun Regulation Becomes Law in New York!

Quoting from the Cox Media Group:

"ALBANY, N.Y. - A bill prohibiting teachers from carrying firearms in schools has been signed into law by New York Gov. Andrew Cuomo.

The bill, signed Wednesday, prevents school districts from arming school staff who are not school resource officers, law enforcement officers or security guards.

'The answer to the gun violence epidemic plaguing this country has never been and never will be more guns, and today we're expanding New York's nation-leading gun safety laws to further protect our children,"' Cuomo said."

 

[schutzen-jager]

How can this be legal? The state is changing the federal law that only requires 3 days. How can they do this?

any U.S. state law can be stricter than federal law , but it can not conflict with it or override it -

 

[stansdds]

Quoting from the Cox Media Group:

"ALBANY, N.Y. - A bill prohibiting teachers from carrying firearms in schools has been signed into law by New York Gov. Andrew Cuomo.

The bill, signed Wednesday, prevents school districts from arming school staff who are not school resource officers, law enforcement officers or security guards.

'The answer to the gun violence epidemic plaguing this country has never been and never will be more guns, and today we're expanding New York's nation-leading gun safety laws to further protect our children,"' Cuomo said."

Another term for "gun free zone" is "easy kill zone". DOJ statistics have shown, time and time again, that when law abiding citizens are allowed to arm themselves, violent crime decreases. It would be really nice if the political class would read and understand the statistics.

 

[Biggfoot44]

Gun Free Zone original definition = Criminal Empowerment Zone . Updated variant = Terrorist Empowerment Zone .

 

[Gamecock]

"'Stronger background checks will help keep guns away from dangerous people,' said Sen. Michael Gianaris, D-Queens and the Senate sponsor of the bill."

The theory being that in a nation with 200,000,000 guns, you can keep an adult who isn't locked up from getting a gun.

JUVENILES in charge.

 

[MurphyPr]

How can this be legal? The state is changing the federal law that only requires 3 days. How can they do this?

In a perfect world, neither the federal government nor any of the state governments would exceed their constitutionally limited powers or infringe on the rights of the people.

But we don't live in a perfect world, we live in the real world, where governments act with impunity and pass whatever laws they want to pass, with our only protection residing in five unelected people who wear black robes.

 

[dockmurgw]

I know its fashionable here to beat up on NY and a few other states, but before passing judgment I would be curious to know something...how many sales are approved nationally to prohibited persons because a instant check came back inconclusive and the 3 days expired. Excluding Alabama naturally because they approve gun sales to felons...a fact that probably isn't lost on NY politicians looking for justification to pass laws like this.

 

[s&wchad]

I know its fashionable here to beat up on NY and a few other states, but before passing judgment I would be curious to know something...how many sales are approved nationally to prohibited persons because a instant check came back inconclusive and the 3 days expired. Excluding Alabama naturally because they approve gun sales to felons...a fact that probably isn't lost on NY politicians looking for justification to pass laws like this.

I'd like to know how much violent crime that actually accounts for. I suspect it's a drop in the bucket and statistically insignificant. I'd also like to know how many prohibited persons who attempt to buy from an FFL are prosecuted.

Otherwise law abiding citizens are sometimes blocked because of minor violations that occurred decades ago. In some cases their offense was re-categorized and in other cases, laws were passed that retroactively cost them their rights (e.g. Lautenberg).

Violent criminals don't buy guns legally, they purchase them on the black market or steal them. Laws like this only serve as a hindrance to law abiding citizens and are a slap in the face to our Bill of Rights. If criminals cared about the law, they wouldn't choose that lifestyle.

NY has a history of ignoring federal law when it doesn't suit their agenda and would like nothing better than to eliminate the 2nd Amendment. Consider how the deal with the FOPA. If they really wanted to reduce crime, they would end revolving door justice and keep predatory criminals behind bars.

 

[CH4]

How can this be legal? The state is changing the federal law that only requires 3 days. How can they do this?

CA's waiting period has been 10 days (jail) for years; one new handgun every 30 days, but you can transfer multiple guns via private party transfer. Doesn't matter if you already own one or more firearms.
Seems to be working well.

 

[Muss Muggins]

. . . I'd also like to know how many prohibited persons who attempt to buy from an FFL are prosecuted . . .

This is a constant thorn in the side of my LGS owner friends. Being a representative of the Yankee Gov't before I retired, it was a rare visit that didn't eventually turn to "How come [this hasn't/didn't happen(ed)]? I can only give you my experience with the federal criminal court from my little corner of heaven in SE Missouri over twenty years.

That particular judicial division handled/filed 150-200 criminal cases per year during my career. We got up to 250 one year and it about killed everybody in the building. I had knowledge of all of them and dealt directly with at least half. During my 20 years, I can recall a half dozen prosecutions for lying on the 4473 about a criminal conviction and being turned away. A couple of those were fallout or ancillary charges to the main charge. The sentencing guidelines for just a straight lying charge, unless there's a significant criminal history involved (which never happened) are pretty low, a year, year and a half or so in Club Fed. In an overworked, understaffed office beset with the nation's "War on Drugs," those cases simply didn't get the sentencing result commensurate with the work involved.

I have lunch with a couple Assistant US Attorneys every month or so. They tell me that prosecutions for lying on the 4473 have ramped up of late. Federally, what crimes get prosecuted and at what vigor are typically the result of the local US Attorney, the head of the particular judicial district office, flowing down from main Justice in DC. At the risk of discussing politics, which can't be avoided, this is a Presidential appointment. The present head in ED/MO is a career prosecutor and a law and order man . . .

 

[zogger]

I know its fashionable here to beat up on NY and a few other states, but before passing judgment I would be curious to know something...how many sales are approved nationally to prohibited persons because a instant check came back inconclusive and the 3 days expired. Excluding Alabama naturally because they approve gun sales to felons...a fact that probably isn't lost on NY politicians looking for justification to pass laws like this.

I spoke to 3 LGSs in my area a few years ago about such things. These shops all had been in business for over 25 years each, so a total of 75 years of guns sales. Out of all of the sales these shops had made over all that time, none of these shops had a single sale that they sold after the 3 day waiting period expired and they had not gotten the NICS go ahead. Their position was that they would not take the chance to sell if they did not have an official OK.

Also, in all of the sales for all of these shops over all those years, not one had a rejection by NICS.....ever! So in all of their experience, NICS never directly prevented a sale!

 

[2152hq]

The instance of not enough time (3days) to search the background on a Delay that the NY Legislature used to push the new 30day NYS extension through was the instance of the Church shooter Dylan Roof (sp?) in Charleston.


..and those extra 30days that NY State is giving NICS to investigate background checks,,,do the NICS examiners/FBI background check people now work for NY State,,or are they still on the DC payroll.

No,,I think NICS will still work under the 3 day rule until the Fed changes it.
The extra 30 is nothing but a NYS imposing a waiting period where they easily can. No one will be doing any extra investigating.

 

[Gamecock]

No,,I think NICS will still work under the 3 day rule

NICS is juvenile. It is a massive system based on false premises.

 

[zogger]

The instance of not enough time (3days) to search the background on a Delay that the NY Legislature used to push the new 30day NYS extension through was the instance of the Church shooter Dylan Roof (sp?) in Charleston.


..and those extra 30days that NY State is giving NICS to investigate background checks,,,do the NICS examiners/FBI background check people now work for NY State,,or are they still on the DC payroll.

No,,I think NICS will still work under the 3 day rule until the Fed changes it.
The extra 30 is nothing but a NYS imposing a waiting period where they easily can. No one will be doing any extra investigating.

So what will happen is that if an LGS has not gotten the go ahead from the Feds, they just won't sell the gun! Why should they? Why take any risk? SO the 30 day NY thing means nothing.