Firearms bills have been introduced in legislature

At least one state legislator thinks areas with more gun violence than the national average should have signs notifying people they are in a high gun violence area.

Assemblywoman Stefani Zinerman, D-Brooklyn, recently introduced A.8149 in the Assembly to amend the state Executive Law to post firearms signs in areas that have a rate of gun violence above the national average as defined by the National Center for Health Statistics.

The signs would be allowed to come down when the state determines gun violence has dropped below the national average.

There is no Senate version of the bill, and no Assembly members have signed on as co-sponsors.

Since the end of the state legislative session a few other pieces of gun-related legislation have been introduced. Among them are:

¯ A.8102/S.6363, sponsored by Assemblywoman Sarah Clark, D-Rochester, and Senator Shelley Mayer, D-Port Chester, to amend the state Criminal Procedure Law and the Family Court Act to require a court to order a search for and immediate seizure of certain guns when someone accused of a crime refuses to surrender them.

“Upon the issuance of an order of protection, the court must order surrender of firearms by a defendant or respondent if there are certain risk factors that suggest there would be safety concerns if the defendant or respondent retained possession of them. However, in the case of a willful refusal to abide by such a surrender order, court-ordered seizure of the firearms is not required,” Clark and Mayer wrote in their legislative justification. “This bill ensures seizure of firearms possessed by persons subject to a protective order when the judge has already determined that continued possession poses a danger. Given that it will apply only upon a defendant’s or respondent’s willful failure to obey a previous order to surrender the firearm, this is a common sense update to protect victims in danger of future threats or violence involving firearms.”

¯ A.8105/S.6443, sponsored by Clark and Mayer, to require criminal and Family Court judges to inquire when issuing orders of protection if someone involved in a case has a gun.

“Current law provides for revocation or suspension of firearms licenses, intelligibility for such licenses, and surrender (and in some cases, seizure) of firearms upon issuance of orders of protection,” Mayer and Clark wrote in their legislative justification. “However, the statutes do not require the court to actually inquire as to the existence and location of any firearms owned or possessed by the defendant or respondent. Currently, some judges do make such an inquiry, while others do not. Posing the question helps flush out the existence of firearms when disclosure may have otherwise been avoided.”

¯ A.8131, sponsored by Assemblyman Khaleel Anderson, D-Far Rockaway, to require all semiautomatic pistols made on or after Jan. 1, 2023, sold or delivered in New York to be capable of microstamping expended cartridge cases. Those microstamps would then be entered into a database managed by the state.

Selling a semiautomatic pistol without microstamping would result in a class A misdemeanor charge against the seller.

“Microstamping technology utilizes lasers to make precise, microscopic engravings on the internal mechanisms of a gun, such as the breech face and firing pin,” Anderson wrote in his legislative justification. “As the gun is fired, information identifying the make, model and serial number of the gun can be stamped onto the cartridge as numbers and letters. The technology is designed to aid law enforcement officials investigating homicides and other crimes by allowing them to trace firearms to their original purchasers through cartridge cases found at crime scenes.”


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