ALBANY, N.Y. — Jumping out ahead of Washington, New York
state enacted the nation's toughest gun restrictions Tuesday and the
first since the Connecticut school massacre, including an expanded
assault-weapon ban and background checks for buying ammunition.
Democratic Gov. Andrew Cuomo signed the measure into law less than an
hour after it won final passage in the Legislature, with supporters
hailing it as a model for the nation and gun-rights activists condemning
it as a knee-jerk piece of legislation that won't make anyone safer and
is too extreme to win support in the rest of the country.
"Common sense can win," Cuomo said. "You can overpower the extremists with intelligence and with reason and with common sense."
Owners of an estimated 1 million previously legal semiautomatic
rifles, such as the Bushmaster model used to kill 20 children and six
adults in Newtown, Conn., a month ago, will be allowed to keep their
weapons but will have a year to register them with police. The sale of
any more such weapons is prohibited.
"When there's a pileup of events, when the federal government does
not do it, the state of New York has to lead the way," said state
Assemblyman Joseph Lentol, a Brooklyn Democrat and co-sponsor.
In addition to outlawing a broader array of military-style weapons,
the measure restricts ammunition magazines to seven rounds, down from
the current 10, creates a more comprehensive database of people barred
from owning guns, and makes New York the first state to require
background checks to buy bullets. The system will also help flag
customers who buy large amounts of ammo.
In another provision, therapists, doctors and other mental health
professionals will be required to tell state authorities if a patient
threatens to use a gun illegally. The patient's weapon could then be
taken away.
Richard Aborn, president of the Citizens Crime Commission of New York
City, said Cuomo clearly understood gun violence is a complex issue
requiring broader solutions than simply banning a particular weapon. "I
think that's an important message for the nation," he said.
In a statement, the National Rifle Association said: "These gun
control schemes have failed in the past and will have no impact on
public safety and crime."
"While
lawmakers could have taken a step toward strengthening mental health
reporting and focusing on criminals, they opted for trampling the rights
of law-abiding gun owners in New York, and they did it under a veil of
secrecy in the dark of night," the NRA said.
President Barack Obama will unveil his own proposals in response to
the Newtown tragedy on Wednesday. He favors sweeping gun legislation,
including a ban on assault weapons. But because of powerful opposition
from the gun lobby, he is said to be weighing 19 steps he could take
through executive action alone.
Those could include ordering stricter action against people who lie
on gun-sale background checks, seeking to ensure more complete records
in the federal database, and striking limits on federal research into
gun use.
New York's law passed the state Senate, which is run by a
Republican-dominated coalition, 43-18 Monday night. The
Democrat-controlled Assembly approved it 104-43 Tuesday afternoon.
Republicans complained the measure was rammed through the Legislature and infringes on the Second Amendment right to bear arms.
"A lot of people say, `Why do you need these guns?'" said Assemblyman
James Tedisco, a Schenectady Republican. "It's part of the freedoms and
liberties we have. ... It's for our public safety. It's to protect us
from our own government."
He said the bill was dangerous because it would give people a "false sense of well-being."
"You are using innocent children killed by a madman for your own
political agenda," he said. "You are actually making people less safe."
Tom King, president of the New York State Rifle & Pistol
Association, questioned whether other states or the federal government
would follow New York's lead and said he expects the law to be
challenged in court.
Previously, New York state law on assault weapons banned
semiautomatics that have detachable magazines and at least two
military-type features, such as a pistol grip, folding stock, muzzle
flash suppressor or bayonet mount. The new law outlaws weapons with just
one of those features.
It also requires background checks for even private gun sales, except those among immediate family.
In addition, it says handgun owners must renew their licenses every
five years, and it increases prison sentences for using guns in various
crimes or taking them onto school grounds.
"By making this a priority, the governor has not only saved lives but
will hopefully inspire leaders in Washington also to take swift
action," said Dan Gross, president of the national Brady Campaign to
Prevent Gun Violence.
In a concession to the pro-gun side, local authorities will be
allowed to withhold the identities of registered gun owners – an issue
that erupted recently when a suburban New York City newspaper published
the names and addresses of gun owners in its readership area.
The New York legislation sparked spirited discussion among customers
at the Buffalo Gun Center in the suburb of Cheektowaga, where business
was so brisk that people had to wait in line in freezing temperatures
just to get in the door.
"It's ridiculous. It's absolutely – how to put it nicely – it's
Prince Andrew Cuomo's bid for the White House," said Jim Hanley, who was
waiting to buy another handgun. "I want to do it before the right is
taken away. Andrew Cuomo and Barack Hussein Obama are two best gun
salesmen in the history of the world."
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Associated Press writers Michael Gormley in Albany and Carolyn Thompson in Buffalo contributed to this report.