Silver, Assembly Majority Join Anti-Gun Violence Advocates' Rally

Urge Governor, State Senate, Congress To Enact Laws To Stop Illegal Gun Violence

Labeling it "the final frontier in hypocrisy," Assembly Speaker Sheldon Silver today called on Gov. George Pataki to end his strident support of radical pro-gun groups at the expense of common-sense gun safety legislation, which is stalled in the Senate. Silver's remarks came at a rally today aimed at raising awareness and building support for comprehensive measures aimed at protecting New Yorkers from gun violence.

Joining Silver at the rally in calling for coordinated federal and state action were Assemblyman Joseph Lentol, chair of the Committee on Codes, and other Assembly sponsors of anti-gun violence legislation, including Assemblymembers David Koon, Amy Paulin, Harvey Weisenberg, Jeffrey Dinowitz, Daniel O'Donnell, Steven Englebright, John Lavelle and Patricia Eddington.

"Gun violence is an insidious threat that affects every community. From gang violence in the inner cities to domestic violence and accidental shootings in suburban and rural communities, no part of our state has been left untouched by gun violence," said Silver (D-Manhattan). "Today, we are calling again on the governor and the Senate to set aside their strident allegiance to the NRA - particularly when it flies in the face of public safety - and support measures that ban cop-killer bullets, require gun dealers to cooperate with the police during investigations of violent crimes and stop guns from falling into the hands of criminals.

The Assembly's comprehensive, nine-bill package, which passed overwhelmingly in January is aimed at better protecting all New Yorkers through tough measures that would prevent guns from being diverted from the legal stream of commerce to individuals who are not legally entitled to possess life-threatening weapons. The proposals also ban "cop-killer" armor piercing bullets and close a loophole in current law that allows convicted violent felons to possess firearms.

"New York's law-enforcement community still faces a very real threat at the hands of violent criminals," said Silver. "How can we continue to send law-enforcement officers into the path of danger armed with bullet-proof vests, while also allowing deadly armor-piercing bullets on the streets? Over one hundred and forty police and sheriff's departments from across the state support this common-sense measure," said Silver.

"The Assembly Majority's gun-safety package would enact strong laws to keep guns out of the hands of children and convicted felons, crack down on violent criminals who use firearms and enact common-sense measures to ensure that guns are possessed for lawful purposes, like self-defense and hunting," said Lentol (D-Brooklyn).

"We can get more illegal guns off our streets and save lives if the Senate will act on these critical measures. By ensuring we use technology to target law enforcement resources where they will be most effective, and by holding gun dealers accountable for their inventories, we can keep illegal guns off of the streets of New York," said Jackie Kuhls, executive director, New Yorkers Against Gun Violence.

Cracking Down on Illegal Street Gun Trafficking (A.9280/Paulin)

Noting that one percent of gun dealers account for more than half of the guns that make their way into the illegal market, Silver said it was important to enact a comprehensive program to stop illegal guns from falling into the hands of criminals through commercial gun dealers. To that end, this bill not only takes aim at illegal trafficking but also imposes penalties on legal gun dealers guilty of dumping guns into the illegal market.

The bill, sponsored by Paulin (D-Scarsdale), requires stringent recordkeeping and reporting to prevent gun sales to criminals. Additionally, under the terms of the legislation, gun dealers must implement a security plan, require employee training and prevent access to guns by minors. Silver noted the gun-trafficking bill was submitted by state Attorney General Eliot Spitzer.

"We have a duty to keep guns out of the hands of criminals and by passing this common-sense measure - we are moving one step closer to protecting all New Yorkers from gun violence," said Paulin.

Tracking Guns Involved In Crimes (A.2213/Koon)

Another bill included in the package would require law-enforcement personnel to submit ballistic information to the new State Police Ballistic Identification Databank whenever spent bullets, shell casings or guns come into their possession.

"This bill adds to the amount of information in the state's ballistic identification databank giving law enforcement the tools to track down gun-toting criminals and protect our families. Expanding the databank will allow police officers to use valuable ballistic information to link guns from various crime scenes and stop violent criminals," said Koon.

Banning Armor-Piercing Ammunition (A.2837/Koon)

This measure, sponsored by Koon, seeks to rid New York streets of deadly armor piercing ammunition and ammunition that is designed to fragment or explode upon impact.

"We owe our law-enforcement officers the highest level of protection against lethal ammunition, and this legislation will do just that. With more than 140 police and sheriff departments supporting this common-sense measure, now is the time for the Senate to pass these bills and further protect those who protect us," said Koon (D/I-Perinton).

Keeping Guns Out-of-the Hands of Violent Felons (A.1170/Dinowitz)

Another bill would eliminate a loophole that allows a convicted violent felon to obtain a firearms license and possess a weapon after being granted a legal waiver. The measure is sponsored by Dinowitz (D-Bronx).

Current law allows a convicted violent felon to possess a rifle or shotgun lawfully after being issued a "certificate of good conduct." Under this legislation, violent felons who are issued a certificate of relief from disabilities or certificate of good conduct would be prevented from obtaining a firearms license. And it also criminalizes the possession of a rifle or shotgun by a convicted violent felon.

"Once again, the Assembly is taking the lead in passing tough gun laws to protect our law enforcement officials and all New Yorkers. I strongly urge the state Senate and the governor to finally join us in passing these sensible bills that will save many lives," said Dinowitz.

Domestic Violence (A.2404/O'Donnell)

Sponsored by O'Donnell (D-Manhattan), this measure seeks to protect victims of domestic violence by requiring criminal or family court judges to inquire about the existence and location of firearms owned or possessed by a defendant when an order of protection is sought. Expressing concern for victims of domestic violence, Silver said that while current law allows for the discretionary or mandatory revocation or suspension of firearms licenses upon the issuance of orders of protection, it does not require the court to inquire about the location of those weapons.

"This bill will help reduce the risk of gun violence in domestic violence cases. Studies have shown that in states with laws restraining abusers from possessing firearms, intimate partner homicide rates steadily decreased," said O'Donnell.

The Children's Weapon Accident Prevention Act (A.673-A/Weisenberg)

This legislation, sponsored by Weisenberg (D-Long Beach), seeks to protect children from accidental shootings. Five new categories of crime would be created under the bill's provisions for negligent storage of a weapon. Gun retailers would be required to alert consumers about the new weapons storage requirements. The state Education Department would develop a weapons safety program to teach children how to prevent weapon accidents.

"No responsible gun owner should object to my legislation, when we know that approximately one third of all gun-related deaths involving children could have been prevented by simply locking up guns and ammunition. The Assembly has overwhelmingly approved this life saving measure for the past 14 years. I fervently hope that this is the year my colleagues in the Senate, as well as the governor, finally join with us to end these needless tragedies. Its enactment is long overdue," said Weisenberg.

Childproofing Firearms (A.2302/Englebright)

This bill, sponsored by Englebright (D-Setauket), seeks to reduce child-related shootings, particularly those tragedies involving children shooting children. This bill would make it a Class A misdemeanor to sell guns without childproof features. Covered under provisions of the bill are pistols or revolvers manufactured 12 or more months after the effective date of the bill. Design features could include making the weapon more difficult to fire by adjusting the trigger resistance of the gun to at least a 10-pound pull, altering the firing mechanism so that an average five-year-old child's hand would be too small to operate the gun or requiring a series of multiple motions in order to fire the gun.

"It's important to take every precaution to protect our children from the accidental discharge of a firearm. By requiring simple and inexpensive gun design changes that already exist, we hope to eventually eliminate the all too frequent tragic gun accidents," said Englebright.

Stopping Assault Weapons (A.2466-A/Lavelle)

This legislation, sponsored by Lavelle (D-Staten Island), would ban assault weapons. Seeking to address the void when President Bush and Congress allowed the federal assault weapon ban to expire, the Assembly proposal would expand the definition of assault weapon to prohibit more of these deadly guns in New York - including guns that have been modified to work like assault weapons.

"Much to the delight of the radical gun lobby, President Bush and Republicans in Congress allowed the Federal Assault Weapons Ban to expire in 2004. If we are committed to keeping our communities safe, we must rid our streets of these deadly firearms that are specifically designed to kill humans more efficiently and serve absolutely no purpose in civil society," said Lavelle.

Banning 50-Caliber Weapons (A.4471-A/Eddington)

Another proposal, sponsored by Eddington (WF/D/I-Medford) would ban 50-caliber sniper weapons, which can be used to disable commercial aircraft and helicopters and are powerful enough to penetrate steel plating. These dangerous weapons, which are used extensively by the United States military, are accurate from over one mile away. They continue to be available for purchase in New York by anyone who can buy a rifle. A report from the nationally-renowned Violence Policy Center found that these weapons have been purchased by the Al Qaeda terrorist network and used by other domestic and international terrorist organizations. Silver noted the Assembly had sought to include a ban on these weapons in a comprehensive state anti-terrorism law passed two years ago, but the proposal was rejected by the Senate and the governor each time. Silver called attention to California's enactment of legislation banning these weapons and called on New York to do the same.

"The thought of a 50-caliber weapon in a terrorist's hands is chilling. With deadly accuracy, it can destroy a target from over a mile away," said Eddington. "These are weapons of war that have no place on our streets. As a weapon of choice for terrorists, they are a threat we must proactively fight to prevent a major tragedy."

Federal Action Needed

Highlighting the devastating impact of out-of-state illegal gun trafficking on New York State, Silver noted that 92 percent of the illegal handguns recovered in New York City came from beyond the state's borders.

"We urgently need a new federal law to require police departments around the nation to submit ballistics information to the ATF's national tracing database so that more violent crimes can be solved," Silver said. "We must also repeal a recent federal law which prohibits information from gun tracing databases to be used to solve violent crimes."

Earlier this session the Assembly passed a legislative resolution calling on Congress to give law-enforcement officers the laws and resources needed to pursue gun traffickers and investigate the sources of all illegal guns.

"New York's gun laws will only go so far to curb gun violence so long as the patchwork of state laws across our nation continues to create loopholes that allow vast quantities of weapons to be purchased legally and transported elsewhere," said Silver.

"The Assembly Majority is once again advancing its comprehensive legislation to curb gun violence. These bills, some of which have been passed by the Assembly for more than a decade, represent a sound and responsible gun-safety plan. Communities across New York State have seen firsthand the deadly consequences of gun violence. We must take every step possible to dry up the sources of illegal gun trafficking. The governor and the Senate must agree to do more to protect New Yorkers," Silver said.