Zombified Times

Dianne Feinstein Failure - Basic Gun Safety (Grade F)

2013-01-24T14:03:00.002-05:00

National 2nd Amendment Rights Day

2013-01-22T08:58:00.000-05:00

Presidents 23 Executive orders for Gun Violence Reduction (2013)

2013-01-16T12:43:00.002-05:00

Here is the Presidents Executive Orders on Gun Violence Reduction

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.

2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.

3. Improve incentives for states to share information with the background check system.

4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.

5. Propose rule making to give law enforcement the ability to run a full background check on an individual before returning a seized gun.

6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

7. Launch a national safe and responsible gun ownership campaign.

8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).

9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.

10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.

11. Nominate an ATF director.

12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.

13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.

14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.

15. Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies.

16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.

17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

18. Provide incentives for schools to hire school resource officers.

19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.

20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.

21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.

22. Commit to finalizing mental health parity regulations.

23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.

Full NYS Firearms Ban (SAFE Act of 2013)

2013-01-16T09:34:00.000-05:00

In effort to help get the true word out on what this bill contains we have obtained the bill that Cuomo demanded. Please take time to read this. It is long but you deserve to know, regardless if you are a gun owner, or a Constitutionalist, this will most likely be the same format that the current federal dictatorship will use. Please be aware that there may also be a push to change the law so that the federal government will supersede the states rights.

Also please read the follow when you can, they also have been amended:

S1422-2013 - NY Senate Open Legislation - Increases the penalty for the possession, use, or sale of certain firearms and ammunition and redefines "assault weapon"

S805-2013 - NY Senate Open Legislation - Provides for the registration of firearms by the owner thereof at the county clerks office of the county where the owner

S2132-2013 - NY Senate Open Legislation - Exempts from disclosure on the freedom of information law, the issuance of pistol permits to any person - New York State Senate

Enacts the NY Secure Firearms and Ammunition Enforcement (SAFE) Act of 2013.

________________________________________
Sponsor: KLEIN / Co-sponsor(s): SMITH
Law Section: Criminal Procedure Law / Law: Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a, add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L, generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of 1999
S2230-2013 Actions
Jan 15, 2013: DELIVERED TO GOVERNOR
Jan 15, 2013: returned to senate
Jan 15, 2013: passed assembly
Jan 15, 2013: message of necessity - 3 day message
Jan 15, 2013: ordered to third reading rules cal.3
Jan 15, 2013: substituted for a2388
Jan 14, 2013: referred to codes
Jan 14, 2013: DELIVERED TO ASSEMBLY
Jan 14, 2013: PASSED SENATE
Jan 14, 2013: MESSAGE OF NECESSITY
Jan 14, 2013: ORDERED TO THIRD READING CAL.1
Jan 14, 2013: REFERRED TO RULES
S2230-2013 Meetings
Rules: Jan 14, 2013
S2230-2013 Calendars
Floor Calendar: Jan 14, 2013
S2230-2013 Votes
VOTE: FLOOR VOTE: - Jan 14, 2013

Ayes (43): Adams, Addabbo, Avella, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Felder, Flanagan, Fuschillo, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy,Klein, Krueger, Lanza, Latimer, LaValle, Marcellino, Martins, Montgomery, O'Brien, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Skelos, Smith, Squadron, Stavisky,Stewart-Cousin, Valesky
Nays (18): Ball, Bonacic, DeFrancisco, Farley, Gallivan, Griffo, Larkin, Libous, Little, Marchione, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Seward, Young
Excused (1): Zeldin
VOTE: COMMITTEE VOTE: - Rules - Jan 14, 2013

Ayes (18): Skelos, Libous, Carlucci, Flanagan, Fuschillo, LaValle, Marcellino, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Espaillat,Gianaris
Ayes W/R (1): Hannon
Nays (6): Bonacic, Farley, Larkin, Maziarz, Nozzolio, Seward
S2230-2013 Memo
BILL NUMBER:S2230

TITLE OF BILL:

An act
to amend the criminal procedure law, the correction law,
the family court act, the executive law,
the general business law, the judiciary law,
the mental
hygiene law,
the penal law and
the surrogate's court procedure act,
in relation to suspension and
revocation of firearms
licenses; private
sale or disposal
of firearms, rifles or shotguns and
establishing a minimum
age to possess a firearm;
to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to providing for the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has been
issued under certain circumstances, or upon violation of any such order;
to amend the penal law, in relation to
community guns and the
criminal sale of a firearm and in relation to the
definitions of aggravated and first degree murder;
to amend chapter 408 of the laws of 1999 constituting
Kendra's Law,
in relation to extending the expiration thereof; and
to amend the education law, in relation to the New York state
school safety
improvement teams; and
in relation to building aid for metal detectors and
safety devices

PURPOSE:

This legislation will protect New Yorkers by reducing the availability
of assault weapons and deterring the criminal use of firearms while
promoting a fair, consistent and efficient method of ensuring that
sportsmen and other legal gun owners have full enjoyment of the guns
to which they are entitled. A thoughtful network of laws provides the
toughest, most comprehensive and balanced answer in the nation to gun
violence. Through this legislation, New York is the first in the
nation to completely ban all pre-1994 high capacity magazines; to ban
any magazine that holds more than seven rounds (rather
than a limit of ten) and to both track ammunition purchases in real
time to permit alerts on high volume buyers, while also checking on
the buyer's background.

In a range of reforms the bill attends to the weaknesses in the
state's current regulatory structure to bring a consistency and
rationality that must be the cornerstone of a safe society. A single
standard across the State will ensure that legal gun owners obtain
their licenses expeditiously while those prohibited are denied that

privilege. A statewide database will keep the registry current and
guard against the dangerous or unstable possessing guns. New rules
will close a loophole that excludes private sales of guns from a
federal background check; tighten provisions governing gun ownership
by persons with serious mental illness; require safe storage of guns
for gun owners who live with someone who has been convicted of
certain crimes, is under an order of protection, or who has been
involuntarily committed as a result of a mental illness. The bill
also creates new and enhanced penalties for illegal gun use, and
enhances protections for victims of domestic violence by requiring
the firearm surrenders and gun license suspension and revocation in
cases where an order of protection has been issued.

SUMMARY OF PROVISIONS:

Assault Weapons

Section 37 of the bill amends Penal Law � 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated
with military weapons. This section also adds to the list of
"features" that characterize a banned weapon.

Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.

Ammunition

Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten
rounds of ammunition including those that were grandfathered in under
the original assault weapons ban and creates a new ban on magazines
that hold more than seven rounds of ammunition. Magazines that can
hold more than seven rounds but not more than ten rounds and are
currently possessed will be grandfathered in, but may only contain
seven rounds of ammunition. Exceptions are made for large capacity
magazines that are curios or relics.

Section 39 also adds a new section to Penal Law � 265.00 to define
seller of ammunition.

Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law � 400.03 requiring (1) that sellers of

ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.

Licensing

Section 49 creates a new Penal Law � 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.

Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) � 330.20 to require the revocation of
any gun license from and the surrender of any gun by a defendant upon
an entry of a verdict of not responsible by reason of mental disease
or defect, upon
the acceptance of a plea of not responsible by reason of mental
disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new
section to the CPL that requires a sentencing judge to demand
surrender of a gun license or registration and all guns possessed by
the defendant upon judgment of conviction for an offense that
requires the seizure of a gun and the revocation of a gun license or
registration. Sections 4 through 16 amend the Family Court Act, the
Domestic Relations Law and the CPL to require, under certain
circumstances, the mandatory suspension or revocation of the firearms
license of a person against whom an order of protection or a
temporary order of protection has been issued.

Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of
a license to an applicant, including connection of a felony or
serious offense, being presently subject to an order of protection;
and expands the criteria for denial based on an applicant's history
of mental illness.

Private Sales

Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to
the General Business Law requiring background checks to be completed
for all gun sales, except for immediate family. Thus private sellers
may transfer a gun only if the buyer has obtained a federal "NICS"
check. Further, dealers

must maintain records of private sale background checks, and private
sellers may charge a fee of up to $10 on a transaction. Transfers
between immediate family members will be exempt from the requirements
of this section.

Safe Storage

To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law � 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime
punishable by a term of imprisonment exceeding one year, has been
adjudicated mentally defective or committed to a mental institution,
is subject to a court order of protection or has been convicted of a
misdemeanor crime of domestic violence whose sentence has been
completed in the last five years must, when the gun is out of the
owner's immediate control, keep the gun secured in a safe storage
depository (for example, a safe or similar secure container with a
lock that can be opened only with a key or combination, or other
locking mechanism) or render it incapable of being fired by putting a
safety lock on the gun.

Provisions Related to Persons with Mental Illness

Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating
is likely to engage in conduct that will cause serious harm to
him- or herself or others. A good faith decision about whether to report
will not be a basis for any criminal or civil liability. When a
Section 9.46 report is made, the Division of Criminal Justice
Services will determine whether the person possesses a firearms
license and, if so, will notify the appropriate local licensing
official, who must suspend the license. The person's firearms will
then be removed.

The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment with a state
prisoner is being discharged to the community from and OHM hospital.

New and Enhanced Criminal Penalties

Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and
aggravated murder. The mandatory penalty for a conviction of
aggravated murder is life without parole.

A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the
issue of "straw purchasers" where individuals who are not prohibited
by law to purchase weapons do so for others, for example, gang
members who may not possess a weapon because of a prior conviction or
other disability under law.

Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory
minimum sentence for these new Class D felonies is a three and
one-half year determinate sentence, although the court may consider
mitigating factors and impose a lesser sentence in some limited
circumstances involving drug trafficking.

Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under � 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.

Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.

Section 43 amends Penal Law � 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.

Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons

at least one of whom is not authorized pursuant to law to possess
such firearm.

Safer Schools

The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis.
Section 3602 of the Education Law is amended to allow school districts
that purchase various security devices included in their School
Safety Plans to receive state building aid reimbursement at a rate
ten percent higher than their current building aid ratio. Section 55
is the severability clause, and Section 56 establishes the effective
date.

EXISTING LAW:

This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the
Laws of 2010), the Mental Hygiene Law, the Penal Law, and the
Surrogates Court Act.

STATEMENT IN SUPPORT:

In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.

While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.

Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of

guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.

Ammunition

The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines
that can contain more than seven rounds will only be permitted to
maintain up to seven rounds in such magazines.

The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the
buyer is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.

In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.

Licensing

Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.

In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit

regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and
mental illnesses that bar gun ownership and licensing) as well as
against other databases such as death records to ensure that New
York's license records are up to date.

Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court
Act to conform to the 2007 amendments made to the CPL.

Private Gun Sales

Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales,
ensuring that otherwise disqualified individuals cannot circumvent
the law by obtaining guns buying from a private seller.

Safe Storage

To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.

Persons with Mental Illness

This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health
professionals would pose a danger to themselves or others should they
possess guns. The bill also extends and expands Kendra's Law to
provide additional out-patient treatment services to persons with
mental illness.

New and Enhanced Criminal Penalties

The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our
communities, giving law enforcement better tools to punish and deter
such conduct. As the presence of illegal guns on our streets
endangers the welfare of entire communities, these provisions ensure
appropriate penalties for making guns available to prohibited
persons, as well as putting our children at risk by, among other
dangerous and illegal activities, possessing guns near school

grounds. In addition, recognizing the widespread violence caused by
gang activity, the bill establishes penalties for participation in
gang activity resulting in the commission of a violent crime.

The bill also contains new provisions acknowledging the danger that
our first
responders face every day as they protect other New Yorkers by
establishing an enhanced
penalty for knowingly causing the death of a first responder in the
course of his or her duties.

LEGISLATIVE HISTORY:

New proposal.

BUDGET IMPLICATIONS:

Any costs related to this bill will be paid out of the Division of
State Police capital budget.

EFFECTIVE DATE:

The bill will take effect immediately except where otherwise provided.

S2230-2013 Text
S T A T E O F N E W Y O R K

S. 2230 A. 2388
2013-2014 Regular Sessions
SENATE - ASSEMBLY
January 14, 2013

IN SENATE -- Introduced by Sens. KLEIN, SMITH -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,
FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE, PAULIN, MOYA,
GLICK, WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN
-- Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND, BRENNAN,
BROOK-KRASNY, BUCHWALD, CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI
NAL, FAHY, JACOBS, JAFFEE, KELLNER, KIM, LAVINE, LIFTON, MARKEY,
MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover
nor) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the correction law, the
family court act, the executive law, the general business law, the
judiciary law, the mental hygiene law, the penal law and the surro
gate's court procedure act, in relation to suspension and revocation
of firearms licenses; private sale or disposal of firearms, rifles or
shotguns and establishing a minimum age to possess a firearm; to amend
the family court act, the domestic relations law and the criminal
procedure law, in relation to providing for the mandatory suspension
or revocation of the firearms license of a person against whom an
order of protection or a temporary order of protection has been issued
under certain circumstances, or upon violation of any such order; to
amend the penal law, in relation to community guns and the criminal
sale of a firearm and in relation to the definitions of aggravated and
first degree murder; to amend chapter 408 of the laws of 1999 consti
tuting Kendra's Law, in relation to extending the expiration thereof;
and to amend the education law, in relation to the New York state
school safety improvement teams; and in relation to building aid for
metal detectors and safety devices

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12007-03-3

S. 2230 2 A. 2388

Section 1.

Section 330.20 of the criminal procedure law is amended by
adding a new subdivision 2-a to read as follows:

2-A. FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER. UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT, OR
UPON THE ACCEPTANCE OF A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR DEFECT, OR UPON A FINDING THAT THE DEFENDANT IS AN INCAPACI
TATED PERSON PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS CHAPTER,
THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM LICENSE, IF ANY, INQUIRE
OF THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE
OR SHOTGUN OWNED OR POSSESSED BY SUCH DEFENDANT AND DIRECT THE SURRENDER
OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBPARAGRAPH (F) OF PARA
GRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF
SECTION 400.05 OF THE PENAL LAW.

S 2. The criminal procedure law is amended by adding a new section
380.96 to read as follows:

S 380.96 OBLIGATION OF SENTENCING COURT PURSUANT TO ARTICLE FOUR HUNDRED
OF THE PENAL LAW.
UPON JUDGMENT OF CONVICTION OF ANY OFFENSE WHICH WOULD REQUIRE THE
SEIZURE OF FIREARMS, SHOTGUNS OR RIFLES FROM AN INDIVIDUAL SO CONVICTED,
AND THE REVOCATION OF ANY LICENSE OR REGISTRATION ISSUED PURSUANT TO
ARTICLE FOUR HUNDRED OF THE PENAL LAW, THE JUDGE PRONOUNCING SENTENCE
SHALL DEMAND SURRENDER OF ANY SUCH LICENSE OR REGISTRATION AND ALL
FIREARMS, SHOTGUNS AND RIFLES. THE FAILURE TO SO DEMAND SURRENDER SHALL
NOT EFFECT THE VALIDITY OF ANY REVOCATION PURSUANT TO ARTICLE FOUR
HUNDRED OF THE PENAL LAW.

S 3.

Section 404 of the correction law is amended by adding a new
subdivision 3 to read as follows:

3. WITHIN A REASONABLE PERIOD PRIOR TO DISCHARGE OF AN INMATE COMMIT
TED FROM A STATE CORRECTIONAL FACILITY FROM A HOSPITAL IN THE DEPARTMENT
OF MENTAL HYGIENE TO THE COMMUNITY, THE DIRECTOR SHALL ENSURE THAT A
CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER THE INMATE
MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI
VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT
OF SUCH ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
CRITERIA, PRIOR TO DISCHARGE THE DIRECTOR OF THE HOSPITAL SHALL EITHER
PETITION FOR A COURT ORDER PURSUANT TO SECTION 9.60 OF THE MENTAL
HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY SERVICES
OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED TO RESIDE
SO THAT AN INVESTIGATION MAY BE CONDUCTED PURSUANT TO SECTION 9.47 OF
THE MENTAL HYGIENE LAW.

S 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
as added by chapter 644 of the laws of 1996, paragraph (a) of subdivi
sion 1 as amended by chapter 434 of the laws of 2000, the opening para
graph of subdivision 3 as amended by chapter 597 of the laws of 1998,
paragraph (a) of subdivision 3 as amended by chapter 635 of the laws of
1999, are amended to read as follows:

1. [Mandatory and permissive suspension] SUSPENSION of firearms
license and ineligibility for such a license upon the issuance of a
temporary order of protection. Whenever a temporary order of protection
is issued pursuant to section eight hundred twenty-eight of this
article, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
ACT:

(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION

S. 2230 3 A. 2388
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the court receives information that gives the court good cause to
believe that: (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal law; (ii) the
respondent has previously been found to have willfully failed to obey a
prior order of protection and such willful failure involved (A) the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(C) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iii) the respondent has a prior
conviction for stalking in the first degree as defined in section 120.60
of the penal law, stalking in the second degree as defined in section
120.55 of the penal law, stalking in the third degree as defined in
section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed by
the respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
2. [Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon the issuance
of an order of protection. Whenever an order of protection is issued
pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:

(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the court finds that the conduct which resulted in the issuance of the
order of protection involved (i) the infliction of [serious] physical
injury, as defined in subdivision [ten] NINE of section 10.00 of the
penal law, (ii) the use or threatened use of a deadly weapon or danger
ous instrument as those terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, or (iii) behavior constitut
ing any violent felony offense as defined in section 70.02 of the penal
law; and
(b) the court [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed or
(ii) suspend or continue to suspend any such existing license possessed
by the respondent, order the respondent ineligible for such a license,
and order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARA
GRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF

S. 2230 4 A. 2388
SECTION 400.05 OF THE PENAL LAW, of any or all firearms owned or
possessed.
3. [Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection OR TEMPORARY ORDER OF
PROTECTION. Whenever a respondent has been found, pursuant to section
eight hundred forty-six-a of this part to have willfully failed to obey
an order of protection OR TEMPORARY ORDER OF PROTECTION issued PURSUANT
TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [an order
of protection issued] by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction, in addition to any other
remedies available pursuant to section eight hundred forty-six-a of this
part:

(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the willful failure to obey such order involves (i) the infliction of
[serious] physical injury, as defined in subdivision [ten] NINE of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF
THE PENAL LAW, of any or all firearms owned or possessed or (ii) suspend
any such existing license possessed by the respondent, order the
respondent ineligible for such a license, and order the immediate
surrender of any or all firearms owned or possessed.

S 5.

Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:

S 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection OR TEMPORARY ORDER OF PROTECTION
issued PURSUANT TO THIS ACT OR ISSUED by a court of competent jurisdic
tion of another state, territorial or tribal jurisdiction [in a proceed-
ing] and if, after hearing, the court is satisfied by competent proof
that the respondent has willfully failed to obey any such order, the
court may modify an existing order OR TEMPORARY ORDER OF PROTECTION to
add reasonable conditions of behavior to the existing order [of
protection], make a new order of protection in accordance with section
eight hundred forty-two OF THIS PART, may order the forfeiture of bail
in a manner consistent with article five hundred forty of the criminal

S. 2230 5 A. 2388
procedure law if bail has been ordered pursuant to this act, may order
the respondent to pay the petitioner's reasonable and necessary counsel
fees in connection with the violation petition where the court finds
that the violation of its order was willful, and may commit the respond
ent to jail for a term not to exceed six months. Such commitment may be
served upon certain specified days or parts of days as the court may
direct, and the court may, at any time within the term of such sentence,
revoke such suspension and commit the respondent for the remainder of
the original sentence, or suspend the remainder of such sentence. If the
court determines that the willful failure to obey such order involves
violent behavior constituting the crimes of menacing, reckless endanger
ment, assault or attempted assault and if such a respondent is licensed
to carry, possess, repair and dispose of firearms pursuant to section
400.00 of the penal law, the court may also immediately revoke such
license and may arrange for the immediate surrender PURSUANT TO SUBPARA
GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDI
VISION SIX OF SECTION 400.05 OF THE PENAL LAW, and disposal of any
firearm such respondent owns or possesses. If the willful failure to
obey such order involves the infliction of [serious] physical injury as
defined in subdivision [ten] NINE of section 10.00 of the penal law or
the use or threatened use of a deadly weapon or dangerous instrument, as
those terms are defined in subdivisions twelve and thirteen of section
10.00 of the penal law, such revocation and immediate surrender PURSUANT
TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20
AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW SIX and disposal
of any firearm owned or possessed by respondent shall be mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.

S 6. The family court act is amended by adding a new section 446-a to
read as follows:

S 446-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.

S 7. The family court act is amended by adding a new section 552 to
read as follows:

S 552. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.

S 8. The family court act is amended by adding a new section 656-a to
read as follows:

S 656-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.

S 9. The family court act is amended by adding a new section 780-a to
read as follows:

S. 2230 6 A. 2388

S 780-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.

S 10. The family court act is amended by adding a new section 1056-a
to read as follows:

S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE AN ORDER IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF
THIS ACT.

S 11. The first undesignated and closing paragraphs of subdivision 3
of section 240 of the domestic relations law, as added by chapter 606 of
the laws of 1999, are amended to read as follows:

G. Any party moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall be entitled
to file such motion or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer
gency relief shall be held on the same day or the next day that the
court is in session following the filing of such motion or pleading.
H. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court [may] SHALL make
[an order] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS in
accordance with [section] SECTIONS eight hundred forty-two-a AND EIGHT
HUNDRED FORTY-SIX-A of the family court act [directing the surrender of
firearms, revoking or suspending a party's firearms license, and/or
directing that such party be ineligible to receive a firearms license],
AS APPLICABLE. Upon issuance of an order of protection pursuant to this
section or upon a finding of a violation thereof, the court also may
direct payment of restitution in an amount not to exceed ten thousand
dollars in accordance with subdivision (e) of section eight hundred
forty-one of such act; provided, however, that in no case shall an order
of restitution be issued where the court determines that the party
against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
judgment or settlement of the action.

S 12. Subdivision 9 of section 252 of the domestic relations law, as
added by chapter 606 of the laws of 1999, is amended to read as follows:

9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court [may take an
order] SHALL MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA
TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR
FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
in accordance with [section] SECTIONS eight hundred forty-two-a AND
EIGHT HUNDRED FORTY-SIX-A of the family court act [directing the surren-
der of firearms, revoking or suspending a party's firearms license,
and/or directing that such party be ineligible to receive a firearms
license], AS APPLICABLE. Upon issuance of an order of protection pursu
ant to this section or upon a finding of a violation thereof, the court
also may direct payment of restitution in an amount not to exceed ten

S. 2230 7 A. 2388
thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case shall
an order of restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
[judgement] JUDGMENT or settlement of the action.

S 13. The opening paragraph and paragraph (b) of subdivision 1 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:

[Mandatory and permissive suspension] SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection. Whenever a temporary order of protection is issued pursuant
to subdivision one of section 530.12 or subdivision one of section
530.13 of this article:

(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.

S 14. The opening paragraph and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:

[Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon issuance of
an order of protection. Whenever an order of protection is issued pursu
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:

(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed
or (ii) suspend or continue to suspend any such existing license
possessed by the defendant, order the defendant ineligible for such a
license and order the immediate surrender PURSUANT TO SUBPARAGRAPH (F)
OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
OF SECTION 400.05 OF THE PENAL LAW, of any or all firearms owned or
possessed.

S 15. The opening paragraph and paragraph (b) of subdivision 3 of
section 530.14 of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:

[Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever a defendant
has been found pursuant to subdivision eleven of section 530.12 or
subdivision eight of section 530.13 of this article to have willfully
failed to obey an order of protection issued by a court of competent
jurisdiction in this state or another state, territorial or tribal
jurisdiction, in addition to any other remedies available pursuant to
subdivision eleven of section 530.12 or subdivision eight of section
530.13 of this article:

S. 2230 8 A. 2388
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed or
(ii) suspend any such existing license possessed by the defendant, order
the defendant ineligible for such a license and order the immediate
surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL
LAW, of any or all firearms owned or possessed.

S 16.

Section 837 of the executive law is amended by adding a new
subdivision 19 to read as follows:

19. RECEIVE NAMES AND OTHER NON-CLINICAL IDENTIFYING INFORMATION
PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW; PROVIDED, HOWEVER,
ANY SUCH INFORMATION SHALL BE DESTROYED FIVE YEARS AFTER SUCH RECEIPT,
OR PURSUANT TO A PROCEEDING BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES DETERMINING THAT AN INDIVIDUAL IS ELIGIBLE
FOR A LICENSE PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND OTHERWISE
PERMITTED TO POSSESS A FIREARM.

S 17. The general business law is amended by adding a new article
39-DDD to read as follows:

ARTICLE 39-DDD
PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.

S 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 1.
IN ADDITION TO ANY OTHER REQUIREMENTS PURSUANT TO STATE AND FEDERAL LAW,
ALL SALES, EXCHANGES OR DISPOSALS OF FIREARMS, RIFLES OR SHOTGUNS SHALL
BE CONDUCTED IN ACCORDANCE WITH THIS SECTION UNLESS SUCH SALE, EXCHANGE
OR DISPOSAL IS CONDUCTED BY A LICENSED IMPORTER, LICENSED MANUFACTURER
OR LICENSED DEALER, AS THOSE TERMS ARE DEFINED IN 18 USC

S 922, WHEN
SUCH SALE, EXCHANGE OR DISPOSAL IS CONDUCTED PURSUANT TO THAT PERSON'S
FEDERAL FIREARMS LICENSE OR SUCH SALE, EXCHANGE OR DISPOSAL IS BETWEEN
MEMBERS OF AN IMMEDIATE FAMILY. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN AND STEP-CHIL
DREN.
2. BEFORE ANY SALE, EXCHANGE OR DISPOSAL PURSUANT TO THIS ARTICLE, A
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE COMPLETED BY A DEALER
WHO CONSENTS TO CONDUCT SUCH CHECK, AND UPON COMPLETION OF SUCH BACK
GROUND CHECK, SHALL COMPLETE A DOCUMENT, THE FORM OF WHICH SHALL BE
APPROVED BY THE SUPERINTENDENT OF STATE POLICE, THAT IDENTIFIES AND
CONFIRMS THAT SUCH CHECK WAS PERFORMED.
3. ALL DEALERS SHALL MAINTAIN A RECORD OF SUCH TRANSACTIONS CONDUCTED
PURSUANT TO THIS SECTION AND SUCH RECORD SHALL BE MAINTAINED ON THE
PREMISES MENTIONED AND DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL
REASONABLE HOURS FOR INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER.
4. A DEALER MAY REQUIRE THAT ANY SALE OR TRANSFER CONDUCTED PURSUANT
TO THIS SECTION BE SUBJECT TO A FEE OF NOT TO EXCEED TEN DOLLARS PER
TRANSACTION.
5. ANY RECORD PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION
THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE CONSIDERED A PUBLIC RECORD
FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.

S. 2230 9 A. 2388
6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN
THE PENAL LAW.

S 18. Paragraph (q) of subdivision 2 of section 212 of the judiciary
law, as added by chapter 491 of the laws of 2008, is amended to read as
follows:

(q) Adopt rules to require transmission, to the criminal justice
information services division of the federal bureau of investigation or
to the division of criminal justice services, of the name and other
identifying information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on a determi
nation that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs. ANY SUCH RECORDS
TRANSMITTED DIRECTLY TO THE FEDERAL BUREAU OF INVESTIGATION MUST ALSO BE
TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ANY
RECORDS RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT
TO THIS PARAGRAPH MAY BE CHECKED AGAINST THE STATEWIDE LICENSE AND
RECORD DATABASE.

S 19. Subdivision (j) of section 7.09 of the mental hygiene law, as
added by chapter 491 of the laws of 2008, is amended to read as follows:

(j) (1) The commissioner, in cooperation with other applicable state
agencies, shall [be authorized to] collect, retain or modify data or
records, [or to] AND SHALL transmit such data or records: (I) to the
division of criminal justice services, or to the criminal justice infor
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back
ground check system regarding attempts to purchase or otherwise take
possession of firearms, as defined in 18 USC 921(a)(3), in accordance
with applicable federal laws or regulations, OR (II) TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, WHICH MAY RE-DISCLOSE SUCH DATA AND RECORDS
ONLY FOR DETERMINING WHETHER A LICENSE ISSUED PURSUANT TO SECTION 400.00
OF THE PENAL LAW SHOULD BE DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVI
SION ELEVEN OF SUCH SECTION, OR FOR DETERMINING WHETHER A PERSON IS NO
LONGER PERMITTED UNDER FEDERAL OR STATE LAW TO POSSESS A FIREARM. Such
records, WHICH MAY NOT BE USED FOR ANY OTHER PURPOSE, shall include only
names and other non-clinical identifying information of persons who have
been involuntarily committed to a hospital pursuant to article nine of
this chapter, OR SECTION FOUR HUNDRED TWO OR SUBDIVISION TWO OF SECTION
FIVE HUNDRED EIGHT OF THE CORRECTION LAW, or article seven hundred thir
ty or section 330.20 of the criminal procedure law or sections 322.2 or
353.4 of the family court act, or to a secure treatment facility pursu
ant to article ten of this chapter.
(2) The commissioner shall establish within the office of mental
health an administrative process to permit a person who has been or may
be disqualified from possessing such a firearm pursuant to 18 USC
922(4)(d) OR WHO HAS BEEN OR MAY BE DISQUALIFIED FROM CONTINUING TO HAVE
A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE OF A FIREARM UNDER
SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH PERSON WAS INVOLUNTARILY
COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE JURISDICTION OF
THE COMMISSIONER, to petition for relief from that disability where such
person's record and reputation are such that such person will not be
likely to act in a manner dangerous to public safety and where the
granting of the relief would not be contrary to public safety. The
commissioner shall promulgate regulations to establish the relief from
disabilities program, which shall include, but not be limited to,

S. 2230 10 A. 2388
provisions providing for: (i) an opportunity for a disqualified person
to petition for relief in writing; (ii) the authority for the agency to
require that the petitioner undergo a clinical evaluation and risk
assessment; and (iii) a requirement that the agency issue a decision in
writing explaining the reasons for a denial or grant of relief. The
denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.

S 20. The mental hygiene law is amended by adding a new section 9.46
to read as follows:

S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH
PROFESSIONALS.
(A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES
SIONAL" SHALL INCLUDE A PHYSICIAN, PSYCHOLOGIST, REGISTERED NURSE OR
LICENSED CLINICAL SOCIAL WORKER.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A MENTAL
HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO A PERSON
DETERMINES, IN THE EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT, THAT
SUCH PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS
HARM TO SELF OR OTHERS, HE OR SHE SHALL BE REQUIRED TO REPORT, AS SOON
AS PRACTICABLE, TO THE DIRECTOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S
DESIGNEE, WHO SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
WHENEVER HE OR SHE AGREES THAT THE PERSON IS LIKELY TO ENGAGE IN SUCH
CONDUCT. INFORMATION TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL BE LIMITED TO NAMES AND OTHER NON-CLINICAL IDENTIFYING
INFORMATION, WHICH MAY ONLY BE USED FOR DETERMINING WHETHER A LICENSE
ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED
OR REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A
LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, OR IS NO
LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON
ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH MENTAL HEALTH PROFES
SIONAL OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
(D) THE DECISION OF A MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO
DISCLOSE IN ACCORDANCE WITH THIS SECTION, WHEN MADE REASONABLY AND IN
GOOD FAITH, SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
OF SUCH MENTAL HEALTH PROFESSIONAL.

S 21. Paragraph 5 of subdivision (b) of section 9.47 of the mental
hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are
added to read as follows:

(5) ENSURING EVALUATION OF THE NEED FOR ONGOING ASSISTED OUTPATIENT
TREATMENT PURSUANT TO SUBDIVISION (K) OF SECTION 9.60 OF THIS ARTICLE
PRIOR TO THE EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER;
(6) IF HE OR SHE HAS BEEN ORDERED TO PROVIDE FOR OR ARRANGE FOR
ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION
(J) OF SECTION 9.60 OF THIS ARTICLE OR BECAME THE APPROPRIATE DIRECTOR
PURSUANT TO THIS PARAGRAPH OR SUBDIVISION (C) OF SECTION 9.48 OF THIS
ARTICLE, NOTIFYING THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY
OF RESIDENCE WHEN HE OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED
OUTPATIENT HAS OR WILL CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE
PENDENCY OF AN ASSISTED OUTPATIENT TREATMENT ORDER. UPON SUCH CHANGE OF
RESIDENCE, THE DIRECTOR OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE
APPROPRIATE DIRECTOR, AS SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS
ARTICLE; AND

S. 2230 11 A. 2388

S 22.

Section 9.48 of the mental hygiene law is amended by adding a
new subdivision (c) to read as follows:

(C) DIRECTORS OF ASSISTED OUTPATIENT TREATMENT PROGRAMS PROVIDING
SERVICES DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION 9.60
OF THIS ARTICLE PURSUANT TO ANY COURT ORDER ISSUED UNDER SUCH SECTION
SHALL EVALUATE THE NEED FOR ONGOING ASSISTED OUTPATIENT TREATMENT PURSU
ANT TO SUBDIVISION (K) OF SECTION 9.60 OF THIS ARTICLE PRIOR TO THE
EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER; AND SHALL NOTIFY
THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY OF RESIDENCE WHEN
HE OR SHE HAS REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS OR WILL
CHANGE HIS OR HER COUNTY OF RESIDENCE DURING THE PENDENCY OF AN ASSISTED
OUTPATIENT TREATMENT ORDER. UPON SUCH CHANGE OF RESIDENCE, THE DIRECTOR
OF THE NEW COUNTY OF RESIDENCE SHALL BECOME THE APPROPRIATE DIRECTOR, AS
SUCH TERM IS DEFINED IN SECTION 9.60 OF THIS ARTICLE.

S 23. Paragraph 3 of subdivision (a), paragraphs 2 and 5 of subdivi
sion (j) and subdivisions (k) and (n) of section 9.60 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, are amended
to read as follows:

(3) "director of community services" and "local governmental unit"
shall have the same meanings as provided in article forty-one of this
chapter. THE "APPROPRIATE DIRECTOR" SHALL MEAN THE DIRECTOR OF COMMUNI
TY SERVICES OF THE COUNTY WHERE THE ASSISTED OUTPATIENT RESIDES, EVEN IF
IT IS A DIFFERENT COUNTY THAN THE COUNTY WHERE THE ASSISTED OUTPATIENT
TREATMENT ORDER WAS ORIGINALLY ISSUED.
(2) If after hearing all relevant evidence, the court finds by clear
and convincing evidence that the subject of the petition meets the
criteria for assisted outpatient treatment, and there is no appropriate
and feasible less restrictive alternative, the court may order the
subject to receive assisted outpatient treatment for an initial period
not to exceed [six months] ONE YEAR. In fashioning the order, the court
shall specifically make findings by clear and convincing evidence that
the proposed treatment is the least restrictive treatment appropriate
and feasible for the subject. The order shall state an assisted outpa
tient treatment plan, which shall include all categories of assisted
outpatient treatment, as set forth in paragraph one of subdivision (a)
of this section, which the assisted outpatient is to receive, but shall
not include any such category that has not been recommended in both the
proposed written treatment plan and the testimony provided to the court
pursuant to subdivision (i) of this section.
(5) If the petitioner is the director of a hospital that operates an
assisted outpatient treatment program, the court order shall direct the
hospital director to provide or arrange for all categories of assisted
outpatient treatment for the assisted outpatient throughout the period
of the order. [For all other persons] IN ALL OTHER INSTANCES, the order
shall require the APPROPRIATE director [of community services of the
appropriate local governmental unit], AS THAT TERM IS DEFINED IN THIS
SECTION, to provide or arrange for all categories of assisted outpatient
treatment for the assisted outpatient throughout the period of the
order.
(k) Petition for additional periods of treatment. (1) PRIOR TO THE
EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE APPROPRIATE DIREC
TOR SHALL REVIEW WHETHER THE ASSISTED OUTPATIENT CONTINUES TO MEET THE
CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF, AS DOCUMENTED IN THE
PETITION, THE DIRECTOR DETERMINES THAT SUCH CRITERIA CONTINUE TO BE MET
OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT HAS NOT BEEN SUCCESSFUL IN
ELICITING, THE COOPERATION OF THE SUBJECT TO SUBMIT TO AN EXAMINATION,

S. 2230 12 A. 2388
WITHIN THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER OF ASSISTED
OUTPATIENT TREATMENT, SUCH DIRECTOR MAY PETITION THE COURT TO ORDER
CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH TWO OF
THIS SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE TO BE
MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS TO
WHETHER A PETITION FOR CONTINUED ASSISTED OUTPATIENT TREATMENT IS
WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
(2) Within thirty days prior to the expiration of an order of assisted
outpatient treatment, the appropriate director or the current petition
er, if the current petition was filed pursuant to subparagraph (i) or
(ii) of paragraph one of subdivision (e) of this section, and the
current petitioner retains his or her original status pursuant to the
applicable subparagraph, may petition the court to order continued
assisted outpatient treatment for a period not to exceed one year from
the expiration date of the current order. If the court's disposition of
such petition does not occur prior to the expiration date of the current
order, the current order shall remain in effect until such disposition.
The procedures for obtaining any order pursuant to this subdivision
shall be in accordance with the provisions of the foregoing subdivisions
of this section; provided that the time restrictions included in para
graph four of subdivision (c) of this section shall not be applicable.
The notice provisions set forth in paragraph six of subdivision (j) of
this section shall be applicable. Any court order requiring periodic
blood tests or urinalysis for the presence of alcohol or illegal drugs
shall be subject to review after six months by the physician who devel
oped the written treatment plan or another physician designated by the
director, and such physician shall be authorized to terminate such blood
tests or urinalysis without further action by the court.
(n) Failure to comply with assisted outpatient treatment. Where in the
clinical judgment of a physician, (i) the assisted outpatient, has
failed or refused to comply with the assisted outpatient treatment, (ii)
efforts were made to solicit compliance, and (iii) such assisted outpa
tient may be in need of involuntary admission to a hospital pursuant to
section 9.27 of this article or immediate observation, care and treat
ment pursuant to section 9.39 or 9.40 of this article, such physician
may request the APPROPRIATE director of community services, the direc
tor's designee, or any physician designated by the director of community
services pursuant to section 9.37 of this article, to direct the removal
of such assisted outpatient to an appropriate hospital for an examina
tion to determine if such person has a mental illness for which hospi
talization is necessary pursuant to section 9.27, 9.39 or 9.40 of this
article. Furthermore, if such assisted outpatient refuses to take medi
cations as required by the court order, or he or she refuses to take, or
fails a blood test, urinalysis, or alcohol or drug test as required by
the court order, such physician may consider such refusal or failure
when determining whether the assisted outpatient is in need of an exam
ination to determine whether he or she has a mental illness for which
hospitalization is necessary. Upon the request of such physician, the
APPROPRIATE director, the director's designee, or any physician desig
nated pursuant to section 9.37 of this article, may direct peace offi
cers, acting pursuant to their special duties, or police officers who
are members of an authorized police department or force or of a sher
iff's department to take the assisted outpatient into custody and trans
port him or her to the hospital operating the assisted outpatient treat
ment program or to any hospital authorized by the director of community
services to receive such persons. Such law enforcement officials shall

S. 2230 13 A. 2388
carry out such directive. Upon the request of such physician, the APPRO
PRIATE director, the director's designee, or any physician designated
pursuant to section 9.37 of this article, an ambulance service, as
defined by subdivision two of section three thousand one of the public
health law, or an approved mobile crisis outreach team as defined in
section 9.58 of this article shall be authorized to take into custody
and transport any such person to the hospital operating the assisted
outpatient treatment program, or to any other hospital authorized by the
APPROPRIATE director of community services to receive such persons. Any
director of community services, or designee, shall be authorized to
direct the removal of an assisted outpatient who is present in his or
her county to an appropriate hospital, in accordance with the provisions
of this subdivision, based upon a determination of the appropriate
director of community services directing the removal of such assisted
outpatient pursuant to this subdivision. Such person may be retained for
observation, care and treatment and further examination in the hospital
for up to seventy-two hours to permit a physician to determine whether
such person has a mental illness and is in need of involuntary care and
treatment in a hospital pursuant to the provisions of this article. Any
continued involuntary retention in such hospital beyond the initial
seventy-two hour period shall be in accordance with the provisions of
this article relating to the involuntary admission and retention of a
person. If at any time during the seventy-two hour period the person is
determined not to meet the involuntary admission and retention
provisions of this article, and does not agree to stay in the hospital
as a voluntary or informal patient, he or she must be released. Failure
to comply with an order of assisted outpatient treatment shall not be
grounds for involuntary civil commitment or a finding of contempt of
court.

S 24. Subdivision (g) of section 13.09 of the mental hygiene law, as
amended by chapter 168 of the laws of 2010, is amended to read as
follows:

(g) (1) The commissioner, in cooperation with other applicable state
agencies, shall [be authorized to] collect, retain or modify data or
records, [or to] AND SHALL transmit such data or records to: (I) the
division of criminal justice services, or to the criminal justice infor
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back
ground check system regarding attempts to purchase or otherwise take
possession of firearms, as defined in 18 USC 921(a)(3), in accordance
with applicable federal laws or regulations, OR (II) TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, FOR THE PURPOSES OF DETERMINING WHETHER A
LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD BE
DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVISION ELEVEN OF SUCH SECTION,
OR FOR DETERMINING WHETHER A PERSON IS NO LONGER PERMITTED UNDER FEDERAL
OR STATE LAW TO POSSESS A FIREARM. Such records shall include only
names and other non-clinical identifying information of persons who have
had a guardian appointed for them pursuant to any provision of state
law, based on a determination that as a result of marked subnormal
intelligence, mental illness, incapacity, condition or disease, they
lack the mental capacity to contract or manage their own affairs, and
persons who have been involuntarily committed to a facility pursuant to
article fifteen of this chapter, or article seven hundred thirty or
section 330.20 of the criminal procedure law or sections 322.2 or 353.4
of the family court act.

S. 2230 14 A. 2388
(2) The commissioner shall establish within the office for people with
developmental disabilities an administrative process to permit a person
who has been or may be disqualified from possessing such a firearm
pursuant to 18 USC 922(4)(d), OR WHO HAS BEEN OR MAY BE DISQUALIFIED
FROM CONTINUING TO HAVE A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE
OF A FIREARM UNDER SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH PERSON
WAS INVOLUNTARILY COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE
JURISDICTION OF THE COMMISSIONER, to petition for relief from that disa
bility where such person's record and reputation are such that such
person will not be likely to act in a manner dangerous to public safety
and where the granting of the relief would not be contrary to public
safety. The commissioner shall promulgate regulations to establish the
relief from disabilities program, which shall include, but not be limit
ed to, provisions providing for: (i) an opportunity for a disqualified
person to petition for relief in writing; (ii) the authority for the
agency to require that the petitioner undergo a clinical evaluation and
risk assessment; and (iii) a requirement that the agency issue a deci
sion in writing explaining the reasons for a denial or grant of relief.
The denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.

S 25. Paragraph 12 of subdivision (c) of section 33.13 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, is amended
and a new paragraph 15 is added to read as follows:

12. to a director of community services as defined in article nine of
this chapter or his OR HER designee, provided that such director or his
or her designee (I) requests such information in the exercise of his or
her statutory functions, powers and duties pursuant to section 9.37,
9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter; OR (II) THE DISCLOSURE
OF INFORMATION IS REQUIRED PURSUANT TO SECTION 9.46 OF THIS CHAPTER.
15. TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, NAMES AND OTHER
NON-CLINICAL IDENTIFYING INFORMATION FOR THE SOLE PURPOSE OF IMPLEMENT
ING THE DIVISION'S RESPONSIBILITIES AND DUTIES UNDER SECTIONS 400.00 AND
400.02 OF THE PENAL LAW.

S 26.

Section 10.00 of the penal law is amended by adding a new subdi
vision 21 to read as follows:

21. "DRUG TRAFFICKING FELONY" MEANS ANY OF THE FOLLOWING OFFENSES
DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER: VIOLATION OF USE
OF A CHILD TO COMMIT A CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN
SECTION 220.28; CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH
DEGREE AS DEFINED IN SECTION 220.34; CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39; CRIMINAL
SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN
SECTION 220.41; CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.43; CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN OR NEAR SCHOOL GROUNDS AS DEFINED IN SECTION 220.44; UNLAW
FUL MANUFACTURE OF METHAMPHETAMINE IN THE SECOND DEGREE AS DEFINED IN
SECTION 220.74; UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.75; OR OPERATING AS A MAJOR TRAFFICKER
AS DEFINED IN SECTION 220.77.

S 26-a. The penal law is amended by adding a new section 60.11-a to
read as follows:

S 60.11-A AUTHORIZED DISPOSITIONS; CERTAIN CRIMINAL POSSESSION OF A
WEAPON IN THE THIRD DEGREE OFFENDERS.
WHEN A PERSON IS TO BE SENTENCED UPON CONVICTION OF THE CRIME OF CRIM
INAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN SUBDIVI

S. 2230 15 A. 2388
SION TEN OF SECTION 265.02 OF THIS CHAPTER, THE COURT MUST SENTENCE SUCH
DEFENDANT TO A DETERMINATE SENTENCE AS PROVIDED IN SUBPARAGRAPH (II) OF
PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION 70.02 OF THIS CHAPTER,
UNLESS A GREATER MINIMUM SENTENCE IS OTHERWISE REQUIRED BY ANOTHER
PROVISION OF THIS CHAPTER.

S 27. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as amended by chapter 148 of the laws of 2011
and paragraph (c) as amended by chapter 405 of the laws of 2010, are
amended to read as follows:

(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra
vated criminally negligent homicide as defined in section 125.11, aggra
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim
inal possession of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second degree as defined in
section 265.08, criminal sale of a firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, AGGRAVATED CRIMINAL POSSESSION OF A
WEAPON AS DEFINED IN SECTION 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or biolog
ical weapon in the third degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven [or],
eight, NINE OR TEN of section 265.02, criminal sale of a firearm in the
third degree as defined in section 265.11, intimidating a victim or
witness in the second degree as defined in section 215.16, soliciting or
providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.

S. 2230 16 A. 2388

S 28. The opening paragraph of paragraph (c) of subdivision 2 of
section 70.02 of the penal law, as amended by chapter 764 of the laws of
2005, is amended to read as follows:

Except as provided in subdivision six of section 60.05, the sentence
imposed upon a person who stands convicted of the class D violent felony
offenses of criminal possession of a weapon in the third degree as
defined in subdivision [four,] five, seven [or], eight OR NINE of
section 265.02, criminal sale of a firearm in the third degree as
defined in section 265.11 or the class E violent felonies of attempted
criminal possession of a weapon in the third degree as defined in subdi
vision [four,] five, seven [or], eight OR NINE of section 265.02 must be
a sentence to a determinate period of imprisonment, or, in the alterna
tive, a definite sentence of imprisonment for a period of no less than
one year, except that:

S 29. Paragraph (b) of subdivision 3 of section 70.02 of the penal
law, as amended by chapter 765 of the laws of 2005, is amended to read
as follows:

(b) For a class C felony, the term must be at least three and one-half
years and must not exceed fifteen years, provided, however, that the
term must be: (i) at least seven years and must not exceed twenty years
where the sentence is for the crime of aggravated manslaughter in the
second degree as defined in section 125.21 of this chapter; (ii) at
least seven years and must not exceed twenty years where the sentence is
for the crime of attempted aggravated assault upon a police officer or
peace officer as defined in section 120.11 of this chapter; [and] (iii)
at least three and one-half years and must not exceed twenty years where
the sentence is for the crime of aggravated criminally negligent homi
cide as defined in section 125.11 of this chapter; AND (IV) AT LEAST
FIVE YEARS AND MUST NOT EXCEED FIFTEEN YEARS WHERE THE SENTENCE IS
IMPOSED FOR THE CRIME OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS
DEFINED IN SECTION 265.19 OF THIS CHAPTER;

S 30. Paragraph (c) of subdivision 3 of section 70.02 of the penal
law, as amended by chapter 765 of the laws of 2005, is amended to read
as follows:

(c) For a class D felony, the term must be at least two years and must
not exceed seven years, provided, however, that the term must be: (I) at
least two years and must not exceed eight years where the sentence is
for the crime of menacing a police officer or peace officer as defined
in section 120.18 of this chapter; and (II) AT LEAST THREE AND ONE-HALF
YEARS AND MUST NOT EXCEED SEVEN YEARS WHERE THE SENTENCE IS IMPOSED FOR
THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION TEN OF SECTION 265.02 OF THIS CHAPTER;

S 31. The penal law is amended by adding a new section 115.20 to read
as follows:

S 115.20 CRIMINAL FACILITATION; DEFINITIONS AND CONSTRUCTION.
FOR PURPOSES OF THIS ARTICLE, SUCH CONDUCT SHALL INCLUDE, BUT NOT BE
LIMITED TO, MAKING AVAILABLE, SELLING, EXCHANGING, GIVING OR DISPOSING
OF A COMMUNITY GUN, WHICH IN FACT, AIDS A PERSON TO COMMIT A CRIME.
"COMMUNITY GUN" SHALL MEAN A FIREARM THAT IS ACTUALLY SHARED, MADE
AVAILABLE, SOLD, EXCHANGED, GIVEN OR DISPOSED OF AMONG OR BETWEEN TWO OR
MORE PERSONS, AT LEAST ONE OF WHOM IS NOT AUTHORIZED PURSUANT TO LAW TO
POSSESS SUCH FIREARM. "DISPOSE OF" SHALL HAVE THE SAME MEANING AS THAT
TERM IS DEFINED IN SECTION 265.00 OF THIS CHAPTER. "SHARE" AND "MAKE
AVAILABLE" SHALL, IN THE CASE OF A FIREARM, BE CONSTRUED TO INCLUDE
KNOWINGLY PLACING SUCH FIREARM AT A LOCATION ACCESSIBLE AND KNOWN TO ONE
OR MORE OTHER PERSONS.

S. 2230 17 A. 2388

S 32.

Section 120.05 of the penal law is amended by adding a new
subdivision 4-a to read as follows:

4-A. HE RECKLESSLY CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHO IS A
CHILD UNDER THE AGE OF EIGHTEEN BY INTENTIONAL DISCHARGE OF A FIREARM,
RIFLE OR SHOTGUN; OR

S 33. Sections 34, 35 and 36 of this act shall be known and may be
cited as "Mark's Law".

S 34. The opening paragraph of subdivision 1 of section 125.26 of the
penal law, as added by chapter 765 of the laws of 2005, is amended to
read as follows:

With intent to cause the death of another person, he or she causes the
death of such person, or of a third person who was a person described in
subparagraph (i), (ii), (II-A) or (iii) of paragraph (a) of this subdi
vision engaged at the time of the killing in the course of performing
his or her official duties; and

S 35. Paragraph (a) of subdivision 1 of section 125.26 of the penal
law is amended by adding a new subparagraph (ii-a) to read as follows:

(II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH
NICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED NURSE
INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR

S 36. Paragraph (a) of subdivision 1 of section 125.27 of the penal
law is amended by adding a new subparagraph (ii-a) to read as follows:

(II-A) THE INTENDED VICTIM WAS A FIREFIGHTER, EMERGENCY MEDICAL TECH
NICIAN, AMBULANCE DRIVER, PARAMEDIC, PHYSICIAN OR REGISTERED NURSE
INVOLVED IN A FIRST RESPONSE TEAM, OR ANY OTHER INDIVIDUAL WHO, IN THE
COURSE OF OFFICIAL DUTIES, PERFORMS EMERGENCY RESPONSE ACTIVITIES AND
WAS ENGAGED IN SUCH ACTIVITIES AT THE TIME OF KILLING AND THE DEFENDANT
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INTENDED VICTIM WAS SUCH
FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, PARAMEDIC,
PHYSICIAN OR REGISTERED NURSE; OR

S 37. Subdivision 22 of section 265.00 of the penal law, as added by
chapter 189 of the laws of 2000, is amended to read as follows:

22. "Assault weapon" means [(a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:

S. 2230 18 A. 2388
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encir-
cles, the barrel and that permits the shooter to hold the firearm with
the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(e) provided, however, that such term does not include: (i) any rifle,
shotgun or pistol that (A) is manually operated by bolt, pump, lever or
slide action; (B) has been rendered permanently inoperable; or (C) is an
antique firearm as defined in 18 U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
manufactured on October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or any of the weapons defined in paragraph (d) of this subdivi-
sion lawfully possessed prior to September fourteenth, nineteen hundred
ninety-four.]
(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A THUMBHOLE STOCK;
(IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(V) A BAYONET MOUNT;
(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR
MUZZLE COMPENSATOR;
(VII) A GRENADE LAUNCHER; OR

S. 2230 19 A. 2388
(B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWING
CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
(V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR
(C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A THUMBHOLE STOCK;
(III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE
PISTOL OUTSIDE OF THE PISTOL GRIP;
(V) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH
SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
(VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR
CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
THE NON-TRIGGER HAND WITHOUT BEING BURNED;
(VII) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS
UNLOADED; OR
(VIII) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR
FIREARM;
(D) A REVOLVING CYLINDER SHOTGUN;
(E) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF SUBDI
VISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER AS ADDED BY CHAPTER
ONE HUNDRED EIGHTY-NINE OF THE LAWS OF TWO THOUSAND AND OTHERWISE
LAWFULLY POSSESSED PURSUANT TO SUCH CHAPTER OF THE LAWS OF TWO THOUSAND
PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR;
(F) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
PISTOL OR WEAPON DEFINED IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVI
SION, POSSESSED PRIOR TO THE DATE OF ENACTMENT OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH;
(G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

(I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY
BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY
INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C.
921(A)(16);
(II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;
(III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR
(IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED
ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A
WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO MEAN THAT
SUCH WEAPON IS AN ASSAULT WEAPON;
(V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION;
(VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED AT LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE

S. 2230 20 A. 2388
OF THAT IS VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER;
(H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCH
WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN
TY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO TRANSFERS ANY SUCH
WEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS MADE ILLEGAL BY
THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA
GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP
TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.

S 38. Subdivision 23 of section 265.00 of the penal law, as added by
chapter 189 of the laws of 2000, is amended to read as follows:

23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, [manufactured after September thir-
teenth, nineteen hundred ninety-four,] that (A) has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNI
TION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A
CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN SEVEN ROUNDS OF AMMUNITION; provided, however, that such term
does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition OR A
FEEDING DEVICE THAT IS A CURIO OR RELIC. A FEEDING DEVICE THAT IS A
CURIO OR RELIC IS DEFINED AS A DEVICE THAT (I) WAS MANUFACTURED AT LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, (II) IS ONLY CAPABLE OF BEING
USED EXCLUSIVELY IN A FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED
AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLI
CAS THEREOF, (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY ARE REGIS
TERED WITHIN THIRTY DAYS OF THEIR TRANSFER INTO THE STATE. NOTWITH
STANDING PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF THIS SECTION, SUCH
FEEDING DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF THIS CHAPTER INCLUDING
THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.

S 39.

Section 265.00 of the penal law is amended by adding a new
subdivision 24 to read as follows:

24. "SELLER OF AMMUNITION" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO
RATION OR COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING OR
KEEPING AMMUNITION.

S 40.

Section 265.01 of the penal law, as added by chapter 1041 of the
laws of 1974, subdivision 1 as amended by chapter 257 of the laws of
2008, subdivision 2 as amended by chapter 220 of the laws of 1988,
subdivision 3 as amended by chapter 199 of the laws of 2006, subdivision
4 as amended by chapter 357 of the laws of 2011, subdivision 7 as added

S. 2230 21 A. 2388
by chapter 807 of the laws of 1981, and subdivision 8 as added by chap
ter 646 of the laws of 1986, is amended to read as follows:

S 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type sling
shot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3) [He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and traf-
fic law, without the written authorization of such educational institu-
tion]; or
(4) He possesses a rifle, shotgun, antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent jurisdic
tion.
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.

S 41. The penal law is amended by adding a new section 265.01-a to
read as follows:

S 265.01-A. CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON ON SCHOOL
GROUNDS WHEN HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,
SHOTGUN, OR FIREARM IN OR UPON A BUILDING OR GROUNDS, USED FOR EDUCA
TIONAL PURPOSES, OF ANY SCHOOL, COLLEGE, OR UNIVERSITY, EXCEPT THE
FORESTRY LANDS, WHEREVER LOCATED, OWNED AND MAINTAINED BY THE STATE
UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE AND FORESTRY, OR
UPON A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE

S. 2230 22 A. 2388
VEHICLE AND TRAFFIC LAW, WITHOUT THE WRITTEN AUTHORIZATION OF SUCH
EDUCATIONAL INSTITUTION.
CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS IS A CLASS E FELONY.

S 41-a. The penal law is amended by adding a new section 265.01-b to
read as follows:

S 265.01-B CRIMINAL POSSESSION OF A FIREARM.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM WHEN HE OR SHE:

(1) POSSESSES ANY FIREARM OR; (2) LAWFULLY POSSESSES A FIREARM PRIOR TO
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN
WHICH ADDED THIS SECTION SUBJECT TO THE REGISTRATION REQUIREMENTS OF
SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER AND KNOWINGLY
FAILS TO REGISTER SUCH FIREARM PURSUANT TO SUCH SUBDIVISION.
CRIMINAL POSSESSION OF A FIREARM IS A CLASS E FELONY.

S 41-b. Subdivision 8 of section 265.02 of the penal law, as amended
by chapter 764 of the laws of 2005, is amended and two new subdivisions
9 and 10 are added to read as follows:

(8) Such person possesses a large capacity ammunition feeding device.
FOR PURPOSES OF THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI
TY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR THAT WAS MANUFAC
TURED BEFORE SEPTEMBER THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO
ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
(9) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
(10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS ANY
VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.

S 42. Subdivision 2 of section 265.09 of the penal law, as added by
chapter 650 of the laws of 1996, is amended to read as follows:

(2) Sentencing. Notwithstanding any other provision of law to the
contrary, when a person is convicted of criminal use of a firearm in the
first degree as defined in subdivision one of this section, the court
shall impose an additional consecutive sentence of five years to the
[minimum term of an indeterminate] sentence imposed on the underlying
class B violent felony offense where the person convicted of such crime
displays a loaded weapon from which a shot, readily capable of producing
death or other serious injury may be discharged, in furtherance of the
commission of such crime, provided, however, that such additional
sentence shall not be imposed if the court, having regard to the nature
and circumstances of the crime and to the history and character of the
defendant, finds on the record that such additional consecutive sentence
would be unduly harsh and that not imposing such sentence would be
consistent with the public safety and would not deprecate the serious
ness of the crime. Notwithstanding any other provision of law to the
contrary, the aggregate of the five year consecutive term imposed pursu
ant to this subdivision and the minimum term of the indeterminate
sentence imposed on the underlying class B violent felony shall consti
tute the new aggregate minimum term of imprisonment, and a person
subject to such term shall be required to serve the entire aggregate
minimum term and shall not be eligible for release on parole or condi
tional release during such term. This subdivision shall not apply where

S. 2230 23 A. 2388
the defendant's criminal liability for displaying a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged, in furtherance of the commission of crime is based on
the conduct of another pursuant to section 20.00 of [the penal law] THIS
CHAPTER.

S 43.

Section 265.17 of the penal law, as added by chapter 189 of the
laws of 2000, is amended to read as follows:

S 265.17 Criminal purchase OR DISPOSAL of a weapon.
A person is guilty of criminal purchase OR DISPOSAL of a weapon when:

1. Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such person
[attempts to purchase] PURCHASES a firearm, rifle or shotgun from anoth
er person; or
2. Knowing that it would be unlawful for another person to possess a
firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot
gun for, on behalf of, or for the use of such other person[.]; OR
3. KNOWING THAT ANOTHER PERSON IS PROHIBITED BY LAW FROM POSSESSING A
FIREARM, RIFLE OR SHOTGUN BECAUSE OF A PRIOR CONVICTION OR BECAUSE OF
SOME OTHER DISABILITY WHICH WOULD RENDER HIM OR HER INELIGIBLE TO
LAWFULLY POSSESS A FIREARM, RIFLE OR SHOTGUN IN THIS STATE, A PERSON
DISPOSES OF A FIREARM, RIFLE OR SHOTGUN TO SUCH OTHER PERSON.
Criminal purchase OR DISPOSAL of a weapon is a class [A misdemeanor] D
FELONY.

S 44. Intentionally omitted.

S 45. The penal law is amended by adding a new section 265.19 to read
as follows:

S 265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON.
A PERSON IS GUILTY OF AGGRAVATED CRIMINAL POSSESSION OF A WEAPON WHEN
HE OR SHE COMMITS THE CRIME OF CRIMINAL POSSESSION OF A WEAPON IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 265.03 OF THIS
ARTICLE AND ALSO COMMITS ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDI
VISION ONE OF SECTION 70.02 OF THIS CHAPTER OR A DRUG TRAFFICKING FELONY
AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00 OF THIS CHAPTER
ARISING OUT OF THE SAME CRIMINAL TRANSACTION.
AGGRAVATED CRIMINAL POSSESSION OF A WEAPON IS A CLASS C FELONY.

S 46. Paragraph 3 of subdivision a of section 265.20 of the penal law,
as amended by chapter 210 of the laws of 1999, is amended and a new
paragraph 7-f is added to read as follows:

3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter OR POSSESSION OF A WEAPON AS DEFINED IN PARAGRAPH (E) OR
(F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS ARTICLE WHICH IS
REGISTERED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIXTEEN-A OF SECTION
400.00 OF THIS CHAPTER OR IS INCLUDED ON AN AMENDED LICENSE ISSUED
PURSUANT TO SECTION 400.00 OF THIS CHAPTER. IN THE EVENT SUCH LICENSE
IS REVOKED, OTHER THAN BECAUSE SUCH LICENSEE IS NO LONGER PERMITTED TO
POSSESS A FIREARM, RIFLE OR SHOTGUN UNDER FEDERAL OR STATE LAW, INFORMA
TION SUFFICIENT TO SATISFY THE REQUIREMENTS OF SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER, SHALL BE TRANSMITTED BY THE LICENSING
OFFICER TO THE STATE POLICE, IN A FORM AS DETERMINED BY THE SUPERINTEN
DENT OF STATE POLICE. SUCH TRANSMISSION SHALL CONSTITUTE A VALID REGIS
TRATION UNDER SUCH SECTION. FURTHER PROVIDED, NOTWITHSTANDING ANY OTHER
SECTION OF THIS TITLE, A FAILURE TO REGISTER SUCH WEAPON BY AN INDIVID
UAL WHO POSSESSES SUCH WEAPON BEFORE THE ENACTMENT OF THE CHAPTER OF THE

S. 2230 24 A. 2388
LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS PARAGRAPH AND MAY SO
LAWFULLY POSSESS IT THEREAFTER UPON REGISTRATION, SHALL ONLY BE SUBJECT
TO PUNISHMENT PURSUANT TO PARAGRAPH (C) OF SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER; provided, that such a license OR REGIS
TRATION shall not preclude a conviction for the offense defined in
subdivision three of section 265.01 of this article OR SECTION 265.01-A
OF THIS ARTICLE.
7-F. POSSESSION AND USE OF A MAGAZINE, BELT, FEED STRIP OR SIMILAR
DEVICE, THAT CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT
DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR CONVERTED TO
ACCEPT MORE THAN TEN ROUNDS OF AMMUNITION, AT AN INDOOR OR OUTDOOR
FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCUPIED BY A DULY
INCORPORATED ORGANIZATION ORGANIZED FOR CONSERVATION PURPOSES OR TO
FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR FIRING RANGE FOR THE
PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGIATE, OLYMPIC OR TARGET
SHOOTING COMPETITION UNDER THE AUSPICES OF OR APPROVED BY THE NATIONAL
RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH SANCTIONED BY THE INTERNA
TIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.

S 46-a. The penal law is amended by adding two new sections 265.36 and
265.37 to read as follows:

S 265.36 UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING
DEVICE.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI
TY AMMUNITION FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN TEN ROUNDS OF AMMUNITION.
AN INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
A CHARACTER THAT IT MAY LAWFULLY BE POSSESSED AND WHO SURRENDERS OR
LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED IF HE OR SHE HAS BEEN
CONTACTED BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
CLASS A MISDEMEANOR.

S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION
FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI
TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO THREE MONTHS IMPRISONMENT.
IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
POSSESSED IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, THE
PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF

S. 2230 25 A. 2388
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO SIX MONTHS IMPRISONMENT, AND FOR A SECOND OFFENSE, BE
GUILTY OF A CLASS A MISDEMEANOR.

S 47. The penal law is amended by adding a new section 265.45 to read
as follows:

S 265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS.
NO PERSON WHO OWNS OR IS CUSTODIAN OF A RIFLE, SHOTGUN OR FIREARM WHO
RESIDES WITH AN INDIVIDUAL WHO SUCH PERSON KNOWS OR HAS REASON TO KNOW
IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 U.S.C.

S 922(G)
(1), (4), (8) OR (9) SHALL STORE OR OTHERWISE LEAVE SUCH RIFLE, SHOTGUN
OR FIREARM OUT OF HIS OR HER IMMEDIATE POSSESSION OR CONTROL WITHOUT
HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN AN APPRO
PRIATE SAFE STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED
BY USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON. FOR PURPOSES
OF THIS SECTION "SAFE STORAGE DEPOSITORY" SHALL MEAN A SAFE OR OTHER
SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITH
OUT THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS CAPABLE OF
PREVENTING AN UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO AND
POSSESSION OF THE WEAPON CONTAINED THEREIN. WITH RESPECT TO A PERSON
WHO IS PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 USC S
922(G)(9), FOR PURPOSES OF THIS SECTION, THIS SECTION APPLIES ONLY IF
SUCH PERSON HAS BEEN CONVICTED OF A CRIME INCLUDED IN SUBDIVISION ONE OF
SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW AND SUCH GUN IS POSSESSED
WITHIN FIVE YEARS FROM THE LATER OF THE DATE OF CONVICTION OR COMPLETION
OF SENTENCE.
A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.

S 48. Subdivision 1, paragraph (a) of subdivision 3, subdivisions 4,
5, 9, 10, 11, 12 and 15 of section 400.00 of the penal law, subdivision
1 as amended by chapter 189 of the laws of 2000, paragraph (a) of subdi
vision 3 as designated by chapter 778 of the laws of 1985, subdivision 4
as amended by chapter 331 of the laws of 2005, subdivision 5 as amended
by chapter 332 of the laws of 1994, subdivision 9 as amended by chapter
172 of the laws of 1973, subdivision 10 as amended by chapter 447 of the
laws of 1997, subdivision 11 as amended by chapter 210 of the laws of
1999, and subdivision 12 as amended by chapter 449 of the laws of 1993,
are amended and two new subdivisions 16-a and 16-b are added to read as
follows:

1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) WHO IS NOT A FUGITIVE
FROM JUSTICE; (E) WHO IS NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY
CONTROLLED SUBSTANCE AS DEFINED IN SECTION 21 U.S.C. 802; (F) WHO BEING
AN ALIEN (I) IS NOT ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES OR (II)
HAS NOT BEEN ADMITTED TO THE UNITED STATES UNDER A NONIMMIGRANT VISA
SUBJECT TO THE EXCEPTION IN 18 U.S.C. 922(Y)(2); (G) WHO HAS NOT BEEN
DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; (H) WHO,
HAVING BEEN A CITIZEN OF THE UNITED STATES, HAS NOT RENOUNCED HIS OR HER
CITIZENSHIP; (I) who has stated whether he or she has ever suffered any
mental illness [or been confined to any hospital or institution, public

S. 2230 26 A. 2388
or private, for mental illness]; (J) WHO HAS NOT BEEN INVOLUNTARILY
COMMITTED TO A FACILITY UNDER THE JURISDICTION OF AN OFFICE OF THE
DEPARTMENT OF MENTAL HYGIENE PURSUANT TO ARTICLE NINE OR FIFTEEN OF THE
MENTAL HYGIENE LAW, ARTICLE SEVEN HUNDRED THIRTY OR SECTION 330.20 OF
THE CRIMINAL PROCEDURE LAW, SECTION FOUR HUNDRED TWO OR FIVE HUNDRED
EIGHT OF THE CORRECTION LAW, SECTION 322.2 OR 353.4 OF THE FAMILY COURT
ACT, OR HAS NOT BEEN CIVILLY CONFINED IN A SECURE TREATMENT FACILITY
PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW; [(e)] (K) who has not
had a license revoked or who is not under a suspension or ineligibility
order issued pursuant to the provisions of section 530.14 of the crimi
nal procedure law or section eight hundred forty-two-a of the family
court act; [(f)] (L) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced by a certif
icate of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized instructor, except
that: (i) persons who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence of official qualification in
firearms during the term of service are not required to have completed
those hours of a firearms safety course pertaining to the safe use,
carrying, possession, maintenance and storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to have completed a
firearms safety course and test; [and (g)] (M) WHO HAS NOT HAD A GUARDI
AN APPOINTED FOR HIM OR HER PURSUANT TO ANY PROVISION OF STATE LAW,
BASED ON A DETERMINATION THAT AS A RESULT OF MARKED SUBNORMAL INTELLI
GENCE, MENTAL ILLNESS, INCAPACITY, CONDITION OR DISEASE, HE OR SHE LACKS
THE MENTAL CAPACITY TO CONTRACT OR MANAGE HIS OR HER OWN AFFAIRS; AND
(N) concerning whom no good cause exists for the denial of the license.
No person shall engage in the business of gunsmith or dealer in firearms
unless licensed pursuant to this section. An applicant to engage in such
business shall also be a citizen of the United States, more than twen
ty-one years of age and maintain a place of business in the city or
county where the license is issued. For such business, if the applicant
is a firm or partnership, each member thereof shall comply with all of
the requirements set forth in this subdivision and if the applicant is a
corporation, each officer thereof shall so comply.
(a) Applications shall be made and renewed, in the case of a license
to carry or possess a pistol or revolver, to the licensing officer in
the city or county, as the case may be, where the applicant resides, is
principally employed or has his OR HER principal place of business as
merchant or storekeeper; and, in the case of a license as gunsmith or
dealer in firearms, to the licensing officer where such place of busi
ness is located. Blank applications shall, except in the city of New
York, be approved as to form by the superintendent of state police. An
application shall state the full name, date of birth, residence, present
occupation of each person or individual signing the same, whether or not
he OR SHE is a citizen of the United States, whether or not he OR SHE
complies with each requirement for eligibility specified in subdivision
one of this section and such other facts as may be required to show the
good character, competency and integrity of each person or individual
signing the application. An application shall be signed and verified by
the applicant. Each individual signing an application shall submit one
photograph of himself OR HERSELF and a duplicate for each required copy
of the application. Such photographs shall have been taken within thirty
days prior to filing the application. In case of a license as gunsmith

S. 2230 27 A. 2388
or dealer in firearms, the photographs submitted shall be two inches
square, and the application shall also state the previous occupation of
each individual signing the same and the location of the place of such
business, or of the bureau, agency, subagency, office or branch office
for which the license is sought, specifying the name of the city, town
or village, indicating the street and number and otherwise giving such
apt description as to point out reasonably the location thereof. In such
case, if the applicant is a firm, partnership or corporation, its name,
date and place of formation, and principal place of business shall be
stated. For such firm or partnership, the application shall be signed
and verified by each individual composing or intending to compose the
same, and for such corporation, by each officer thereof.
4. Investigation. Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such applica
tion is made, INCLUDING BUT NOT LIMITED TO SUCH RECORDS AS MAY BE ACCES
SIBLE TO THE DIVISION OF STATE POLICE OR DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO SECTION 400.02 OF THIS ARTICLE. For that purpose,
the records of the appropriate office of the department of mental
hygiene concerning previous or present mental illness of the applicant
shall be available for inspection by the investigating officer of the
police authority. In order to ascertain any previous criminal record,
the investigating officer shall take the fingerprints and physical
descriptive data in quadruplicate of each individual by whom the appli
cation is signed and verified. Two copies of such fingerprints shall be
taken on standard fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the federal bureau
of investigation; provided, however, that in the case of a corporate
applicant that has already been issued a dealer in firearms license and
seeks to operate a firearm dealership at a second or subsequent
location, the original fingerprints on file may be used to ascertain any
criminal record in the second or subsequent application unless any of
the corporate officers have changed since the prior application, in
which case the new corporate officer shall comply with procedures
governing an initial application for such license. When completed, one
standard card shall be forwarded to and retained by the division of
criminal justice services in the executive department, at Albany. A
search of the files of such division and written notification of the
results of the search to the investigating officer shall be made without
unnecessary delay. Thereafter, such division shall notify the licensing
officer and the executive department, division of state police, Albany,
of any criminal record of the applicant filed therein subsequent to the
search of its files. A second standard card, or the one supplied by the
federal bureau of investigation, as the case may be, shall be forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating police authority. [The failure or refusal of the federal
bureau of investigation to make the fingerprint check provided for in
this section shall not constitute the sole basis for refusal to issue a
permit pursuant to the provisions of this section.] Of the remaining two
fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
license, and the other remain on file with the investigating police
authority. No such fingerprints may be inspected by any person other
than a peace officer, who is acting pursuant to his special duties, or a
police officer, except on order of a judge or justice of a court of

S. 2230 28 A. 2388
record either upon notice to the licensee or without notice, as the
judge or justice may deem appropriate. Upon completion of the investi
gation, the police authority shall report the results to the licensing
officer without unnecessary delay.
5. Filing of approved applications. (A) The application for any
license, if granted, shall be filed by the licensing officer with the
clerk of the county of issuance, except that in the city of New York
and, in the counties of Nassau and Suffolk, the licensing officer shall
designate the place of filing in the appropriate division, bureau or
unit of the police department thereof, and in the county of Suffolk the
county clerk is hereby authorized to transfer all records or applica
tions relating to firearms to the licensing authority of that county.
[The] EXCEPT AS PROVIDED IN PARAGRAPHS (B) THROUGH (F) OF THIS SUBDIVI
SION, THE name and address of any person to whom an application for any
license has been granted shall be a public record. Upon application by a
licensee who has changed his place of residence such records or applica
tions shall be transferred to the appropriate officer at the licensee's
new place of residence. A duplicate copy of such application shall be
filed by the licensing officer in the executive department, division of
state police, Albany, within ten days after issuance of the license.
THE SUPERINTENDENT OF STATE POLICE MAY DESIGNATE THAT SUCH APPLICATION
SHALL BE TRANSMITTED TO THE DIVISION OF STATE POLICE ELECTRONICALLY. IN
THE EVENT THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE DETERMINES
THAT IT LACKS ANY OF THE RECORDS REQUIRED TO BE FILED WITH THE DIVISION,
IT MAY REQUEST THAT SUCH RECORDS BE PROVIDED TO IT BY THE APPROPRIATE
CLERK, DEPARTMENT OR AUTHORITY AND SUCH CLERK, DEPARTMENT OR AUTHORITY
SHALL PROVIDE THE DIVISION WITH SUCH RECORDS. IN THE EVENT SUCH CLERK,
DEPARTMENT OR AUTHORITY LACKS SUCH RECORDS, THE DIVISION MAY REQUEST THE
LICENSE HOLDER PROVIDE INFORMATION SUFFICIENT TO CONSTITUTE SUCH RECORD
AND SUCH LICENSE HOLDER SHALL PROVIDE THE DIVISION WITH SUCH INFORMA
TION. SUCH INFORMATION SHALL BE LIMITED TO THE LICENSE HOLDER'S NAME,
DATE OF BIRTH, GENDER,RACE, RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER
AND FIREARMS POSSESSED BY SAID LICENSE HOLDER. Nothing in this subdivi
sion shall be construed to change the expiration date or term of such
licenses if otherwise provided for in law. RECORDS ASSEMBLED OR
COLLECTED FOR PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY THIS
SECTION SHALL BE RELEASED PURSUANT TO A COURT ORDER. RECORDS ASSEMBLED
OR COLLECTED FOR PURPOSES OF INCLUSION IN THE DATABASE CREATED PURSUANT
TO SECTION 400.02 OF THIS CHAPTER SHALL NOT BE SUBJECT TO DISCLOSURE
PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(B) EACH APPLICATION FOR A LICENSE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL INCLUDE, ON A SEPARATE WRITTEN FORM PREPARED BY THE
DIVISION OF STATE POLICE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN, WHICH AMENDED THIS
SECTION, AND PROVIDED TO THE APPLICANT AT THE SAME TIME AND IN THE SAME
MANNER AS THE APPLICATION FOR A LICENSE, AN OPPORTUNITY FOR THE APPLI
CANT TO REQUEST AN EXCEPTION FROM HIS OR HER APPLICATION INFORMATION
BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
SUCH FORMS, WHICH SHALL ALSO BE MADE AVAILABLE TO INDIVIDUALS WHO HAD
APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION,
SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN APPLICANT KNOWINGLY
PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE SUBJECT TO PENALTIES
PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND FURTHER, THAT HIS OR HER
REQUEST FOR AN EXCEPTION SHALL BE NULL AND VOID, PROVIDED THAT WRITTEN
NOTICE CONTAINING SUCH DETERMINATION IS PROVIDED TO THE APPLICANT.

S. 2230 29 A. 2388
FURTHER, SUCH FORMS SHALL PROVIDE EACH APPLICANT AN OPPORTUNITY TO SPEC
IFY THE GROUNDS ON WHICH HE OR SHE BELIEVES HIS OR HER APPLICATION
INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE GROUNDS, WHICH SHALL
BE IDENTIFIED ON THE APPLICATION WITH A BOX BESIDE EACH FOR CHECKING, AS
APPLICABLE, BY THE APPLICANT, SHALL BE AS FOLLOWS:

(I) THE APPLICANT'S LIFE OR SAFETY MAY BE ENDANGERED BY DISCLOSURE
BECAUSE:

(A) THE APPLICANT IS AN ACTIVE OR RETIRED POLICE OFFICER, PEACE OFFI
CER, PROBATION OFFICER, PAROLE OFFICER, OR CORRECTIONS OFFICER;
(B) THE APPLICANT IS A PROTECTED PERSON UNDER A CURRENTLY VALID ORDER
OF PROTECTION;
(C) THE APPLICANT IS OR WAS A WITNESS IN A CRIMINAL PROCEEDING INVOLV
ING A CRIMINAL CHARGE;
(D) THE APPLICANT IS PARTICIPATING OR PREVIOUSLY PARTICIPATED AS A
JUROR IN A CRIMINAL PROCEEDING, OR IS OR WAS A MEMBER OF A GRAND JURY;
OR
(E) THE APPLICANT IS A SPOUSE, DOMESTIC PARTNER OR HOUSEHOLD MEMBER OF
A PERSON IDENTIFIED IN THIS SUBPARAGRAPH OR SUBPARAGRAPH (II) OF THIS
PARAGRAPH, SPECIFYING WHICH SUBPARAGRAPH OR SUBPARAGRAPHS AND CLAUSES
APPLY.
(II) THE APPLICANT HAS REASON TO BELIEVE HIS OR HER LIFE OR SAFETY MAY
BE ENDANGERED BY DISCLOSURE DUE TO REASONS STATED BY THE APPLICANT.
(III) THE APPLICANT HAS REASON TO BELIEVE HE OR SHE MAY BE SUBJECT TO
UNWARRANTED HARASSMENT UPON DISCLOSURE OF SUCH INFORMATION.
(C) EACH FORM PROVIDED FOR RECERTIFICATION PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TEN OF THIS SECTION SHALL INCLUDE AN OPPORTUNITY FOR THE
APPLICANT TO REQUEST AN EXCEPTION FROM THE INFORMATION PROVIDED ON SUCH
FORM BECOMING PUBLIC RECORD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI
SION. SUCH FORMS SHALL NOTIFY APPLICANTS THAT, UPON DISCOVERY THAT AN
APPLICANT KNOWINGLY PROVIDED FALSE INFORMATION, SUCH APPLICANT MAY BE
SUBJECT TO PENALTIES PURSUANT TO SECTION 175.30 OF THIS CHAPTER, AND
FURTHER, THAT HIS OR HER REQUEST FOR AN EXCEPTION SHALL BE NULL AND
VOID, PROVIDED THAT WRITTEN NOTICE CONTAINING SUCH DETERMINATION IS
PROVIDED TO THE APPLICANT. FURTHER, SUCH FORMS SHALL PROVIDE EACH
APPLICANT AN OPPORTUNITY TO EITHER DECLINE TO REQUEST THE GRANT OR
CONTINUATION OF AN EXCEPTION, OR SPECIFY THE GROUNDS ON WHICH HE OR SHE
BELIEVES HIS OR HER INFORMATION SHOULD NOT BE PUBLICLY DISCLOSED. THESE
GROUNDS, WHICH SHALL BE IDENTIFIED IN THE APPLICATION WITH A BOX BESIDE
EACH FOR CHECKING, AS APPLICABLE, BY THE APPLICANT, SHALL BE THE SAME AS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
(D) INFORMATION SUBMITTED ON THE FORMS DESCRIBED IN PARAGRAPH (B) OF
THIS SUBDIVISION SHALL BE EXCEPTED FROM DISCLOSURE AND MAINTAINED BY THE
ENTITY RETAINING SUCH INFORMATION SEPARATE AND APART FROM ALL OTHER
RECORDS.
(E) (I) UPON RECEIVING A REQUEST FOR EXCEPTION FROM DISCLOSURE, THE
LICENSING OFFICER SHALL GRANT SUCH EXCEPTION, UNLESS THE REQUEST IS
DETERMINED TO BE NULL AND VOID, PURSUANT TO PARAGRAPH (B) OR (C) OF THIS
SUBDIVISION.
(II) A REQUEST FOR AN EXCEPTION FROM DISCLOSURE MAY BE SUBMITTED AT
ANY TIME, INCLUDING AFTER A LICENSE OR RECERTIFICATION HAS BEEN GRANTED.
(III) IF AN EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION, THE APPLICATION INFORMATION SHALL NOT BE PUBLIC
RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL AND VOID. IF AN
EXCEPTION IS SOUGHT AND GRANTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI
VISION, THE INFORMATION CONCERNING SUCH RECERTIFICATION APPLICATION

S. 2230 30 A. 2388
SHALL NOT BE PUBLIC RECORD, UNLESS THE REQUEST IS DETERMINED TO BE NULL
AND VOID.
(F) THE INFORMATION OF LICENSEES OR APPLICANTS FOR A LICENSE SHALL NOT
BE DISCLOSED TO THE PUBLIC DURING THE FIRST ONE HUNDRED TWENTY DAYS
FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
THIRTEEN, WHICH AMENDED THIS SECTION. AFTER SUCH PERIOD, THE INFORMA
TION OF THOSE WHO HAD APPLIED FOR OR BEEN GRANTED A LICENSE PRIOR TO THE
PREPARATION OF THE FORM FOR REQUESTING AN EXCEPTION, PURSUANT TO PARA
GRAPH (B) OF THIS SUBDIVISION, MAY BE RELEASED ONLY IF SUCH INDIVIDUALS
DID NOT FILE A REQUEST FOR SUCH AN EXCEPTION DURING THE FIRST SIXTY DAYS
FOLLOWING SUCH PREPARATION; PROVIDED, HOWEVER, THAT NO INFORMATION
CONTAINED IN AN APPLICATION FOR LICENSURE OR RECERTIFICATION SHALL BE
DISCLOSED BY AN ENTITY THAT HAS NOT COMPLETED PROCESSING ANY SUCH
REQUESTS RECEIVED DURING SUCH SIXTY DAYS.
(G) IF A REQUEST FOR AN EXCEPTION IS DETERMINED TO BE NULL AND VOID
PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AN APPLICANT MAY
REQUEST REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAWS AND RULES. SUCH PROCEEDING MUST COMMENCE
WITHIN THIRTY DAYS AFTER SERVICE OF THE WRITTEN NOTICE CONTAINING THE
ADVERSE DETERMINATION. NOTICE OF THE RIGHT TO COMMENCE SUCH A PETITION,
AND THE TIME PERIOD THEREFOR, SHALL BE INCLUDED IN THE NOTICE OF THE
DETERMINATION. DISCLOSURE FOLLOWING SUCH A PETITION SHALL NOT BE MADE
PRIOR TO THE DISPOSITION OF SUCH REVIEW.
9. License: amendment. Elsewhere than in the city of New York, a
person licensed to carry or possess a pistol or revolver may apply at
any time to his OR HER licensing officer for amendment of his OR HER
license to include one or more such weapons or to cancel weapons held
under license. If granted, a record of the amendment describing the
weapons involved shall be filed by the licensing officer in the execu
tive department, division of state police, Albany. THE SUPERINTENDENT OF
STATE POLICE MAY AUTHORIZE THAT SUCH AMENDMENT BE COMPLETED AND TRANS
MITTED TO THE STATE POLICE IN ELECTRONIC FORM. Notification of any
change of residence shall be made in writing by any licensee within ten
days after such change occurs, and a record of such change shall be
inscribed by such licensee on the reverse side of his OR HER license.
Elsewhere than in the city of New York, and in the counties of Nassau
and Suffolk, such notification shall be made to the executive depart
ment, division of state police, Albany, and in the city of New York to
the police commissioner of that city, and in the county of Nassau to the
police commissioner of that county, and in the county of Suffolk to the
licensing officer of that county, who shall, within ten days after such
notification shall be received by him OR HER, give notice in writing of
such change to the executive department, division of state police, at
Albany.
10. License: expiration, certification and renewal. (A) Any license
for gunsmith or dealer in firearms and, in the city of New York, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than three years after the date of
issuance. In the counties of Nassau, Suffolk and Westchester, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date of
issuance; however, in the county of Westchester, any such license shall

S. 2230 31 A. 2388
be certified prior to the first day of April, two thousand, in accord
ance with a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal justice services, and every
such license shall be recertified every five years thereafter. For
purposes of this section certification shall mean that the licensee
shall provide to the licensing officer the following information only:

current name, date of birth, current address, and the make, model, cali
ber and serial number of all firearms currently possessed. Such certif
ication information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York and the
counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver, issued at any time pursuant to this
section or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in force and effect
until revoked as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days beyond
the stated expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica
tion by the licensing officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population of less than two
hundred thousand inhabitants, photographs and fingerprints shall be
submitted on original applications and upon renewal thereafter only at
six year intervals. Upon satisfactory proof that a currently valid
original license has been despoiled, lost or otherwise removed from the
possession of the licensee and upon application containing an additional
photograph of the licensee, the licensing officer shall issue a dupli
cate license.
(B) ALL LICENSEES SHALL BE RECERTIFIED TO THE DIVISION OF STATE POLICE
EVERY FIVE YEARS THEREAFTER. ANY LICENSE ISSUED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
THIS PARAGRAPH SHALL BE RECERTIFIED BY THE LICENSEE ON OR BEFORE JANUARY
THIRTY-FIRST, TWO THOUSAND EIGHTEEN, AND NOT LESS THAN ONE YEAR PRIOR TO
SUCH DATE, THE STATE POLICE SHALL SEND A NOTICE TO ALL LICENSE HOLDERS
WHO HAVE NOT RECERTIFIED BY SUCH TIME. SUCH RECERTIFICATION SHALL BE IN
A FORM AS APPROVED BY THE SUPERINTENDENT OF STATE POLICE, WHICH SHALL
REQUEST THE LICENSE HOLDER'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDEN
TIAL ADDRESS, SOCIAL SECURITY NUMBER, FIREARMS POSSESSED BY SUCH LICENSE
HOLDER, EMAIL ADDRESS AT THE OPTION OF THE LICENSE HOLDER AND AN AFFIR
MATION THAT SUCH LICENSE HOLDER IS NOT PROHIBITED FROM POSSESSING
FIREARMS. THE FORM MAY BE IN AN ELECTRONIC FORM IF SO DESIGNATED BY THE
SUPERINTENDENT OF STATE POLICE. FAILURE TO RECERTIFY SHALL ACT AS A
REVOCATION OF SUCH LICENSE. IF THE NEW YORK STATE POLICE DISCOVER AS A
RESULT OF THE RECERTIFICATION PROCESS THAT A LICENSEE FAILED TO PROVIDE
A CHANGE OF ADDRESS, THE NEW YORK STATE POLICE SHALL NOT REQUIRE THE
LICENSING OFFICER TO REVOKE SUCH LICENSE.
11. License: revocation and suspension. (A) The conviction of a licen
see anywhere of a felony or serious offense OR A LICENSEE AT ANY TIME
BECOMING INELIGIBLE TO OBTAIN A LICENSE UNDER THIS SECTION shall operate
as a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this article, a license may be
revoked and cancelled at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and elsewhere
than in the city of New York by any judge or justice of a court of

S. 2230 32 A. 2388
record; a license issued pursuant to section 400.01 of this article may
be revoked and cancelled at any time by the licensing officer or any
judge or justice of a court of record. The official revoking a license
shall give written notice thereof without unnecessary delay to the exec
utive department, division of state police, Albany, and shall also noti
fy immediately the duly constituted police authorities of the locality.
(B) WHENEVER THE DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE
MAKES A REPORT PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONVEY SUCH INFORMATION,
WHENEVER IT DETERMINES THAT THE PERSON NAMED IN THE REPORT POSSESSES A
LICENSE ISSUED PURSUANT TO THIS SECTION, TO THE APPROPRIATE LICENSING
OFFICIAL, WHO SHALL ISSUE AN ORDER SUSPENDING OR REVOKING SUCH LICENSE.
(C) IN ANY INSTANCE IN WHICH A PERSON'S LICENSE IS SUSPENDED OR
REVOKED UNDER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, SUCH PERSON
SHALL SURRENDER SUCH LICENSE TO THE APPROPRIATE LICENSING OFFICIAL AND
ANY AND ALL FIREARMS, RIFLES, OR SHOTGUNS OWNED OR POSSESSED BY SUCH
PERSON SHALL BE SURRENDERED TO AN APPROPRIATE LAW ENFORCEMENT AGENCY AS
PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 OF THIS CHAPTER. IN THE EVENT SUCH LICENSE, FIREARM,
SHOTGUN, OR RIFLE IS NOT SURRENDERED, SUCH ITEMS SHALL BE REMOVED AND
DECLARED A NUISANCE AND ANY POLICE OFFICER OR PEACE OFFICER ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES IS AUTHORIZED TO REMOVE ANY AND
ALL SUCH WEAPONS.
12. Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms shall keep a record book
approved as to form, except in the city of New York, by the superinten
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or iden
tification mark on such firearm. Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20. In addition,
before delivering a firearm to a peace officer, the licensee shall veri
fy that person's status as a peace officer with the division of state
police. After completing the foregoing, the licensee shall remove and
retain the attached coupon and enter in the record book the date of such
license, number, if any, and name of the licensing officer, in the case
of the holder of a license to carry or possess, or the shield or other
number, if any, assignment and department, unit or agency, in the case
of an exempt person. The original transaction report shall be forwarded
to the division of state police within ten days of delivering a firearm
to any person, and a duplicate copy shall be kept by the licensee. THE
SUPERINTENDENT OF STATE POLICE MAY DESIGNATE THAT SUCH RECORD SHALL BE
COMPLETED AND TRANSMITTED IN ELECTRONIC FORM. A DEALER MAY BE GRANTED A
WAIVER FROM TRANSMITTING SUCH RECORDS IN ELECTRONIC FORM IF THE SUPER
INTENDENT DETERMINES THAT SUCH DEALER IS INCAPABLE OF SUCH TRANSMISSION
DUE TO TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASONABLY WITHIN THE
CONTROL OF THE DEALER, OR OTHER EXCEPTIONAL CIRCUMSTANCES DEMONSTRATED
BY THE DEALER, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION, AND AT
THE DISCRETION OF THE SUPERINTENDENT. RECORDS ASSEMBLED OR COLLECTED FOR
PURPOSES OF INCLUSION IN THE DATABASE CREATED PURSUANT TO SECTION 400.02
OF THIS ARTICLE SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
SIX OF THE PUBLIC OFFICERS LAW. The record book shall be maintained on

S. 2230 33 A. 2388
the premises mentioned and described in the license and shall be open at
all reasonable hours for inspection by any peace officer, acting pursu
ant to his special duties, or police officer. In the event of cancella
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance of business by a licensee, such record book shall be
immediately surrendered to the licensing officer in the city of New
York, and in the counties of Nassau and Suffolk, and elsewhere in the
state to the executive department, division of state police.
15. Any violation by any person of any provision of this section is a
class A misdemeanor.
16-A. REGISTRATION. (A) AN OWNER OF A WEAPON DEFINED IN PARAGRAPH (E)
OR (F) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER,
POSSESSED BEFORE THE DATE OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MUST MAKE AN
APPLICATION TO REGISTER SUCH WEAPON WITH THE SUPERINTENDENT OF STATE
POLICE, IN THE MANNER PROVIDED BY THE SUPERINTENDENT, OR BY AMENDING A
LICENSE ISSUED PURSUANT TO THIS SECTION WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SUBDIVISION EXCEPT ANY WEAPON DEFINED UNDER SUBPARAGRAPH
(VI) OF PARAGRAPH (G) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OF
THIS CHAPTER TRANSFERRED INTO THE STATE MAY BE REGISTERED AT ANY TIME,
PROVIDED SUCH WEAPONS ARE REGISTERED WITHIN THIRTY DAYS OF THEIR TRANS
FER INTO THE STATE. REGISTRATION INFORMATION SHALL INCLUDE THE REGIS
TRANT'S NAME, DATE OF BIRTH, GENDER, RACE, RESIDENTIAL ADDRESS, SOCIAL
SECURITY NUMBER AND A DESCRIPTION OF EACH WEAPON BEING REGISTERED. A
REGISTRATION OF ANY WEAPON DEFINED UNDER SUBPARAGRAPH (VI) OF PARAGRAPH
(G) OF SUBDIVISION TWENTY-TWO OF SECTION 265.00 OR A FEEDING DEVICE AS
DEFINED UNDER SUBDIVISION TWENTY-THREE OF SECTION 265.00 OF THIS CHAPTER
SHALL BE TRANSFERABLE, PROVIDED THAT THE SELLER NOTIFIES THE STATE
POLICE WITHIN SEVENTY-TWO HOURS OF THE TRANSFER AND THE BUYER PROVIDES
THE STATE POLICE WITH INFORMATION SUFFICIENT TO CONSTITUTE A REGISTRA
TION UNDER THIS SECTION. SUCH REGISTRATION SHALL NOT BE VALID IF SUCH
REGISTRANT IS PROHIBITED OR BECOMES PROHIBITED FROM POSSESSING A FIREARM
PURSUANT TO STATE OR FEDERAL LAW. THE SUPERINTENDENT SHALL DETERMINE
WHETHER SUCH REGISTRANT IS PROHIBITED FROM POSSESSING A FIREARM UNDER
STATE OR FEDERAL LAW. SUCH CHECK SHALL BE LIMITED TO DETERMINING WHETH
ER THE FACTORS IN 18 USC 922 (G) APPLY OR WHETHER A REGISTRANT HAS BEEN
CONVICTED OF A SERIOUS OFFENSE AS DEFINED IN SUBDIVISION SIXTEEN-B OF
SECTION 265.00 OF THIS CHAPTER, SO AS TO PROHIBIT SUCH REGISTRANT FROM
POSSESSING A FIREARM, AND WHETHER A REPORT HAS BEEN ISSUED PURSUANT TO
SECTION 9.46 OF THE MENTAL HYGIENE LAW. ALL REGISTRANTS SHALL RECERTIFY
TO THE DIVISION OF STATE POLICE EVERY FIVE YEARS THEREAFTER. FAILURE TO
RECERTIFY SHALL RESULT IN A REVOCATION OF SUCH REGISTRATION.
(B) THE SUPERINTENDENT OF STATE POLICE SHALL CREATE AND MAINTAIN AN
INTERNET WEBSITE TO EDUCATE THE PUBLIC AS TO WHICH SEMIAUTOMATIC RIFLE,
SEMIAUTOMATIC SHOTGUN OR SEMIAUTOMATIC PISTOL OR WEAPON THAT ARE ILLEGAL
AS A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
THIRTEEN WHICH ADDED THIS PARAGRAPH, AS WELL AS SUCH ASSAULT WEAPONS
WHICH ARE ILLEGAL PURSUANT TO ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS
CHAPTER. SUCH WEBSITE SHALL CONTAIN INFORMATION TO ASSIST THE PUBLIC IN
RECOGNIZING THE RELEVANT FEATURES PROSCRIBED BY SUCH ARTICLE TWO HUNDRED
SIXTY-FIVE, AS WELL AS WHICH MAKE AND MODEL OF WEAPONS THAT REQUIRE
REGISTRATION.
(C) A PERSON WHO KNOWINGLY FAILS TO APPLY TO REGISTER SUCH WEAPON, AS
REQUIRED BY THIS SECTION, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH
SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SUCH PERSON WHO UNKNOWINGLY

S. 2230 34 A. 2388
FAILS TO VALIDLY REGISTER SUCH WEAPON WITHIN SUCH ONE YEAR PERIOD SHALL
BE GIVEN A WARNING BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY ABOUT
SUCH FAILURE AND GIVEN THIRTY DAYS IN WHICH TO APPLY TO REGISTER SUCH
WEAPON OR TO SURRENDER IT. A FAILURE TO APPLY OR SURRENDER SUCH WEAPON
WITHIN SUCH THIRTY-DAY PERIOD SHALL RESULT IN SUCH WEAPON BEING REMOVED
BY AN APPROPRIATE LAW ENFORCEMENT AUTHORITY AND DECLARED A NUISANCE.
16-B. THE COST OF THE SOFTWARE, PROGRAMMING AND INTERFACE REQUIRED TO
TRANSMIT ANY RECORD THAT MUST BE ELECTRONICALLY TRANSMITTED BY THE DEAL
ER OR LICENSING OFFICER TO THE DIVISION OF STATE POLICE PURSUANT TO THIS
CHAPTER SHALL BE BORNE BY THE STATE.

S 49. The penal law is amended by adding a new section 400.02 to read
as follows:

S 400.02 STATEWIDE LICENSE AND RECORD DATABASE.
THERE SHALL BE A STATEWIDE LICENSE AND RECORD DATABASE WHICH SHALL BE
CREATED AND MAINTAINED BY THE DIVISION OF STATE POLICE THE COST OF WHICH
SHALL NOT BE BORNE BY ANY MUNICIPALITY. RECORDS ASSEMBLED OR COLLECTED
FOR PURPOSES OF INCLUSION IN SUCH DATABASE SHALL NOT BE SUBJECT TO
DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. RECORDS
CONTAINING GRANTED LICENSE APPLICATIONS SHALL BE PERIODICALLY CHECKED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES AGAINST CRIMINAL CONVICTION,
MENTAL HEALTH, AND ALL OTHER RECORDS AS ARE NECESSARY TO DETERMINE THEIR
CONTINUED ACCURACY AS WELL AS WHETHER AN INDIVIDUAL IS NO LONGER A
VALID LICENSE HOLDER. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
ALSO CHECK PENDING APPLICATIONS MADE PURSUANT TO THIS ARTICLE AGAINST
SUCH RECORDS TO DETERMINE WHETHER A LICENSE MAY BE GRANTED. ALL STATE
AGENCIES SHALL COOPERATE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
AS OTHERWISE AUTHORIZED BY LAW, IN MAKING THEIR RECORDS AVAILABLE FOR
SUCH CHECKS. THE DIVISION OF CRIMINAL JUSTICE SERVICES, UPON DETERMINING
THAT AN INDIVIDUAL IS INELIGIBLE TO POSSESS A LICENSE, OR IS NO LONGER A
VALID LICENSE HOLDER, SHALL NOTIFY THE APPLICABLE LICENSING OFFICIAL OF
SUCH DETERMINATION AND SUCH LICENSING OFFICIAL SHALL NOT ISSUE A LICENSE
OR REVOKE SUCH LICENSE AND ANY WEAPONS OWNED OR POSSESSED BY SUCH INDI
VIDUAL SHALL BE REMOVED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION
ELEVEN OF SECTION 400.00 OF THIS ARTICLE. LOCAL AND STATE LAW ENFORCE
MENT SHALL HAVE ACCESS TO SUCH DATABASE, AS OTHERWISE AUTHORIZED BY LAW,
IN THE PERFORMANCE OF THEIR DUTIES. RECORDS ASSEMBLED OR COLLECTED FOR
PURPOSES OF INCLUSION IN THE DATABASE ESTABLISHED BY THIS SECTION SHALL
BE RELEASED PURSUANT TO A COURT ORDER.

S 50. The penal law is amended by adding a new section 400.03 to read
as follows:

S 400.03 SELLERS OF AMMUNITION.
1. A SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION TWENTY-FOUR OF
SECTION 265.00 OF THIS CHAPTER SHALL REGISTER WITH THE SUPERINTENDENT OF
STATE POLICE IN A MANNER PROVIDED BY THE SUPERINTENDENT. ANY DEALER IN
FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO SECTION 400.00 OF THIS
ARTICLE SHALL NOT BE REQUIRED TO COMPLETE SUCH REGISTRATION.
2. ANY SELLER OF AMMUNITION OR DEALER IN FIREARMS SHALL KEEP A RECORD
BOOK APPROVED AS TO FORM BY THE SUPERINTENDENT OF STATE POLICE. IN THE
RECORD BOOK SHALL BE ENTERED AT THE TIME OF EVERY TRANSACTION INVOLVING
AMMUNITION THE DATE, NAME, AGE, OCCUPATION AND RESIDENCE OF ANY PERSON
FROM WHOM AMMUNITION IS RECEIVED OR TO WHOM AMMUNITION IS DELIVERED, AND
THE AMOUNT, CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, OR IF NONE,
ANY OTHER DISTINGUISHING NUMBER OR IDENTIFICATION MARK ON SUCH AMMUNI
TION. THE RECORD BOOK SHALL BE MAINTAINED ON THE PREMISES MENTIONED AND
DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL REASONABLE HOURS FOR
INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL

S. 2230 35 A. 2388
DUTIES, OR POLICE OFFICER. ANY RECORD PRODUCED PURSUANT TO THIS SECTION
AND ANY TRANSMISSION THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE
CONSIDERED A PUBLIC RECORD FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
3. NO LATER THAN THIRTY DAYS AFTER THE SUPERINTENDENT OF THE STATE
POLICE CERTIFIES THAT THE STATEWIDE LICENSE AND RECORD DATABASE ESTAB
LISHED PURSUANT TO SECTION 400.02 OF THIS ARTICLE IS OPERATIONAL FOR THE
PURPOSES OF THIS SECTION, A DEALER IN FIREARMS LICENSED PURSUANT TO
SECTION 400.00 OF THIS ARTICLE, A SELLER OF AMMUNITION AS DEFINED IN
SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS CHAPTER SHALL NOT
TRANSFER ANY AMMUNITION TO ANY OTHER PERSON WHO IS NOT A DEALER IN
FIREARMS AS DEFINED IN SUBDIVISION NINE OF SUCH SECTION 265.00 OR A
SELLER OF AMMUNITION AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
265.00 OF THIS CHAPTER, UNLESS:

(A) BEFORE THE COMPLETION OF THE TRANSFER, THE LICENSEE OR SELLER
CONTACTS THE STATEWIDE LICENSE AND RECORD DATABASE AND PROVIDES THE
DATABASE WITH INFORMATION SUFFICIENT TO IDENTIFY SUCH DEALER OR SELLER,
TRANSFEREE BASED ON INFORMATION ON THE TRANSFEREE'S IDENTIFICATION DOCU
MENT AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, AS WELL AS THE
AMOUNT, CALIBRE, MANUFACTURER'S NAME AND SERIAL NUMBER, IF ANY, OF SUCH
AMMUNITION;
(B) THE SYSTEM PROVIDES THE LICENSEE OR SELLER WITH A UNIQUE IDENTIFI
CATION NUMBER; AND
(C) THE TRANSFEROR HAS VERIFIED THE IDENTITY OF THE TRANSFEREE BY
EXAMINING A VALID STATE IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED
BY THE DEPARTMENT OF MOTOR VEHICLES OR IF THE TRANSFEREE IS NOT A RESI
DENT OF THE STATE OF NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED BY
THE TRANSFEREE'S STATE OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH
OF THE TRANSFEREE.
4. IF THE DATABASE DETERMINES THAT THE PURCHASER OF AMMUNITION IS
ELIGIBLE TO POSSESS AMMUNITION PURSUANT TO STATE AND FEDERAL LAWS, THE
SYSTEM SHALL:

(A) ASSIGN A UNIQUE IDENTIFICATION NUMBER TO THE TRANSFER; AND
(B) PROVIDE THE LICENSEE OR SELLER WITH THE NUMBER.
5. IF THE STATEWIDE LICENSE AND RECORD DATABASE NOTIFIES THE LICENSEE
OR SELLER THAT THE INFORMATION AVAILABLE TO THE DATABASE DOES NOT DEMON
STRATE THAT THE RECEIPT OF AMMUNITION BY SUCH OTHER PERSON WOULD VIOLATE
18 U.S.C. 922(G) OR STATE LAW, AND THE LICENSEE TRANSFERS AMMUNITION TO
SUCH OTHER PERSON, THE LICENSEE SHALL INDICATE TO THE DATABASE THAT SUCH
TRANSACTION HAS BEEN COMPLETED AT WHICH POINT A RECORD OF SUCH TRANS
ACTION SHALL BE CREATED WHICH SHALL BE ACCESSIBLE BY THE DIVISION OF
STATE POLICE AND MAINTAINED FOR NO LONGER THAN ONE YEAR FROM POINT OF
PURCHASE, WHICH SHALL NOT BE INCORPORATED INTO THE DATABASE ESTABLISHED
PURSUANT TO SECTION 400.02 OF THIS ARTICLE OR THE REGISTRY ESTABLISHED
PURSUANT TO SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS ARTICLE. THE
DIVISION OF STATE POLICE MAY SHARE SUCH INFORMATION WITH A LOCAL LAW
ENFORCEMENT AGENCY. EVIDENCE OF THE PURCHASE OF AMMUNITION IS NOT
SUFFICIENT TO ESTABLISH PROBABLE CAUSE TO BELIEVE THAT THE PURCHASER HAS
COMMITTED A CRIME ABSENT OTHER INFORMATION TENDING TO PROVE THE COMMIS
SION OF A CRIME. RECORDS ASSEMBLED OR ACCESSED PURSUANT TO THIS SECTION
SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. THIS REQUIREMENT OF THIS SECTION SHALL NOT APPLY (I) IF A
BACKGROUND CHECK CANNOT BE COMPLETED BECAUSE THE SYSTEM IS NOT OPERA
TIONAL AS DETERMINED BY THE SUPERINTENDENT OF STATE POLICE, OR WHERE IT
CANNOT BE ACCESSED BY THE PRACTITIONER DUE TO A TEMPORARY TECHNOLOGICAL
OR ELECTRICAL FAILURE, AS SET FORTH IN REGULATION, OR (II) A DEALER OR

S. 2230 36 A. 2388
SELLER HAS BEEN GRANTED A WAIVER FROM CONDUCTING SUCH BACKGROUND CHECK
IF THE SUPERINTENDENT OF STATE POLICE DETERMINES THAT SUCH DEALER IS
INCAPABLE OF SUCH CHECK DUE TO TECHNOLOGICAL LIMITATIONS THAT ARE NOT
REASONABLY WITHIN THE CONTROL OF THE DEALER, OR OTHER EXCEPTIONAL
CIRCUMSTANCES DEMONSTRATED BY THE DEALER, PURSUANT TO A PROCESS ESTAB
LISHED IN REGULATION, AND AT THE DISCRETION OF SUCH SUPERINTENDENT.
6. IF THE SUPERINTENDENT OF STATE POLICE CERTIFIES THAT BACKGROUND
CHECKS OF AMMUNITION PURCHASERS MAY BE CONDUCTED THROUGH THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM, USE OF THAT SYSTEM BY A DEALER
OR SELLER SHALL BE SUFFICIENT TO SATISFY SUBDIVISIONS FOUR AND FIVE OF
THIS SECTION AND SUCH CHECKS SHALL BE CONDUCTED THROUGH SUCH SYSTEM,
PROVIDED THAT A RECORD OF SUCH TRANSACTION SHALL BE FORWARDED TO THE
STATE POLICE IN A FORM DETERMINED BY THE SUPERINTENDENT.
7. NO COMMERCIAL TRANSFER OF AMMUNITION SHALL TAKE PLACE UNLESS A
LICENSED DEALER IN FIREARMS OR REGISTERED SELLER OF AMMUNITION ACTS AS
AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE ULTIMATE TRANSFEREE OF
THE AMMUNITION FOR THE PURPOSES OF CONTACTING THE STATEWIDE LICENSE AND
RECORD DATABASE PURSUANT TO THIS SECTION. SUCH TRANSFER BETWEEN THE
DEALER OR SELLER, AND TRANSFEREE MUST OCCUR IN PERSON.
8. A SELLER OF AMMUNITION WHO FAILS TO REGISTER PURSUANT TO THIS
SECTION AND SELLS AMMUNITION, FOR A FIRST OFFENSE, SHALL BE GUILTY OF A
VIOLATION AND SUBJECT TO THE FINE OF ONE THOUSAND DOLLARS AND FOR A
SECOND OFFENSE, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
A SELLER OF AMMUNITION THAT FAILS TO KEEP ANY RECORD REQUIRED PURSUANT
TO THIS SECTION, FOR A FIRST OFFENSE SHALL BE GUILTY OF A VIOLATION AND
SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS, AND FOR A SECOND OFFENSE
SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AND THE REGISTRATION OF SUCH
SELLER SHALL BE REVOKED.

S 51.

Section 400.10 of the penal law, as added by chapter 531 of the
laws of 1984, and subdivision 1 as amended and subdivision 3 as added by
chapter 189 of the laws of 2000, is amended to read as follows:

S 400.10 Report of theft or loss of a firearm, rifle or shotgun.
1. (a) Any owner or other person lawfully in possession of: (I) a
firearm, rifle or, shotgun who suffers the loss or theft of said weapon;
(II) AMMUNITION AS WELL AS A FIREARM, RIFLE OR SHOTGUN WHO SUFFERS THE
LOSS OR THEFT OF SUCH AMMUNITION AS WELL AS A FIREARM, RIFLE OR SHOTGUN;
OR (III) AMMUNITION AND IS A DEALER IN FIREARMS OR SELLER OF AMMUNITION
WHO SUFFERS THE LOSS OR THEFT OF SUCH AMMUNITION shall within twenty
four hours of the discovery of the loss or theft report the facts and
circumstances of the loss or theft to a police department or sheriff's
office.
(b) Whenever a person reports the theft or loss of a firearm, rifle
[or], shotgun OR AMMUNITION to any police department or sheriff's
office, the officer or department receiving such report shall forward
notice of such theft or loss to the division of state police via the New
York Statewide Police Information Network. The notice shall contain
information in compliance with the New York Statewide Police Information
Network Operating Manual, including the caliber, make, model, manufac
turer's name and serial number, if any, and any other distinguishing
number or identification mark on the weapon.
2. The division of state police shall receive, collect and file the
information referred to in subdivision one of this section. The division
shall cooperate, and undertake to furnish or make available to law
enforcement agencies this information, for the purpose of coordinating
law enforcement efforts to locate such weapons.

S. 2230 37 A. 2388
3. Notwithstanding any other provision of law, a violation of para
graph (a) of subdivision one of this section shall be [punishable only
by a fine not to exceed one hundred dollars] A CLASS A MISDEMEANOR.

S 52. The penal law is amended by adding a new section 460.22 to read
as follows:

S 460.22 AGGRAVATED ENTERPRISE CORRUPTION.
A PERSON IS GUILTY OF AGGRAVATED ENTERPRISE CORRUPTION WHEN HE OR SHE
COMMITS THE CRIME OF ENTERPRISE CORRUPTION AND TWO OR MORE OF THE ACTS
THAT CONSTITUTE HIS OR HER PATTERN OF CRIMINAL ACTIVITY ARE CLASS B
FELONIES OR HIGHER, AND AT LEAST TWO ACTS ARE ARMED FELONIES AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THE CRIMI
NAL PROCEDURE LAW OR ONE ACT IS SUCH AN ARMED FELONY AND ONE ACT IS A
VIOLATION OF SUBDIVISION TWO OF SECTION 265.17 OF THIS CHAPTER OR ONE
ACT IS A CLASS B VIOLENT FELONY AND TWO ARE VIOLATIONS OF SUBDIVISION
TWO OF SECTION 265.17 OF THIS CHAPTER.
AGGRAVATED ENTERPRISE CORRUPTION IS A CLASS A-I FELONY.

S 53. The surrogate's court procedure act is amended by adding a new
section 2509 to read as follows:

S 2509. FIREARMS INVENTORY
WHENEVER, BY REGULATION, RULE OR STATUTE, A FIDUCIARY OR ATTORNEY OF
RECORD MUST FILE A LIST OF ASSETS CONSTITUTING A DECEDENT'S ESTATE, SUCH
LIST MUST INCLUDE A PARTICULARIZED DESCRIPTION OF EVERY FIREARM, SHOTGUN
AND RIFLE, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW,
THAT ARE PART OF SUCH ESTATE. SUCH LIST MUST BE FILED WITH THE SURRO
GATE'S COURT IN THE COUNTY IN WHICH THE ESTATE PROCEEDING, IF ANY, IS
PENDING AND A COPY MUST BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES.

S 54.

Section 18 of chapter 408 of the laws of 1999, constituting
Kendra's Law, as amended by chapter 139 of the laws of 2010, is amended
to read as follows:

S 18. This act shall take effect immediately, provided that section
fifteen of this act shall take effect April 1, 2000, provided, further,
that subdivision (e) of section 9.60 of the mental hygiene law as added
by section six of this act shall be effective 90 days after this act
shall become law; and that this act shall expire and be deemed repealed
June 30, [2015] 2017.

S 55. The education law is amended by adding a new section 2801-b to
read as follows:

S 2801-B. NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS. THE GOVER
NOR SHALL ESTABLISH NEW YORK STATE SCHOOL SAFETY IMPROVEMENT TEAMS,
WHICH MAY BE COMPOSED OF REPRESENTATIVES FROM THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVI
SION OF CRIMINAL JUSTICE SERVICES, AND THE DEPARTMENT. SUCH NEW YORK
STATE SCHOOL SAFETY IMPROVEMENT TEAMS SHALL REVIEW AND ASSESS SCHOOL
SAFETY PLANS SUBMITTED, ON A VOLUNTARY BASIS, BY SCHOOL DISTRICTS HAVING
A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND COUNTY VOCATIONAL EDUCA
TION AND EXTENSION BOARDS, AND MAY MAKE RECOMMENDATIONS TO IMPROVE SUCH
SCHOOL SAFETY PLANS.

S 56. Subdivision 6-c of section 3602 of the education law, as amended
by section 1 of part A-2 of chapter 62 of the laws of 2003, is amended
to read as follows:

6-c. A. Building aid for metal detectors, and safety devices for elec
trically operated partitions, room dividers and doors. In addition to
the apportionments payable to a school district pursuant to subdivision
six of this section, the commissioner is hereby authorized to apportion

S. 2230 38 A. 2388
to any school district additional building aid pursuant to this subdivi
sion for its approved expenditures in the base year for the purchase of
stationary metal detectors, security cameras, safety devices for elec
trically operated partitions and room dividers required pursuant to
section four hundred nine-f of this chapter, or other security devices
approved by the commissioner that increase the safety of students and
school personnel, provided, however, that funds apportioned to school
districts pursuant to this section shall not supplant funds for existing
district expenditures or for existing contractual obligations of the
district for stationary metal detectors, security cameras, partition and
room divider safety devices, or security devices. Portable or hand held
metal detectors shall not be eligible for aid pursuant to this subdivi
sion. Such additional aid shall equal the product of the building aid
ratio computed for use in the current year pursuant to paragraph c of
subdivision six of this section and the actual approved expenditures
incurred in the base year pursuant to this subdivision, provided that
the limitations on cost allowances prescribed by paragraph a of subdivi
sion six of this section shall not apply. The commissioner shall annual
ly prescribe a special cost allowance for metal detectors, and security
cameras, and the approved expenditures shall not exceed such cost allow
ance. The commissioner shall annually prescribe a special cost allowance
for partition and room divider safety devices, and the approved expendi
tures shall not exceed such cost allowance.
B. FOR PROJECTS APPROVED BY THE COMMISSIONER AUTHORIZED TO RECEIVE
ADDITIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR THE PURCHASE OF
STATIONARY METAL DETECTORS, SECURITY CAMERAS OR OTHER SECURITY DEVICES
APPROVED BY THE COMMISSIONER THAT INCREASE THE SAFETY OF STUDENTS AND
SCHOOL PERSONNEL, PROVIDED THAT FOR PURPOSES OF THIS PARAGRAPH SUCH
OTHER SECURITY DEVICES SHALL BE LIMITED TO ELECTRONIC SECURITY SYSTEMS
AND HARDENED DOORS, AND PROVIDED THAT FOR PROJECTS APPROVED BY THE
COMMISSIONER ON OR AFTER THE FIRST DAY OF JULY TWO THOUSAND THIRTEEN AND
BEFORE THE FIRST DAY OF JULY TWO THOUSAND SIXTEEN SUCH ADDITIONAL AID
SHALL EQUAL THE PRODUCT OF (I) THE BUILDING AID RATIO COMPUTED FOR USE
IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS
SECTION PLUS TEN PERCENTAGE POINTS, EXCEPT THAT IN NO CASE SHALL THIS
AMOUNT EXCEED ONE HUNDRED PERCENT, AND (II) THE ACTUAL APPROVED EXPENDI
TURES INCURRED IN THE BASE YEAR PURSUANT TO THIS SUBDIVISION, PROVIDED
THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY PARAGRAPH A OF
SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY, AND PROVIDED FURTHER
THAT ANY PROJECTS AIDED UNDER THIS PARAGRAPH MUST BE INCLUDED IN A
DISTRICT'S SCHOOL SAFETY PLAN. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE
A SPECIAL COST ALLOWANCE FOR METAL DETECTORS, AND SECURITY CAMERAS, AND
THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.

S 57. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro
versy in which the judgment shall have been rendered.

S 58. This act shall take effect immediately; provided, however, that:

a. Sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eigh
teen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty
four, twenty-five, twenty-six, twenty-six-a, twenty-seven, twenty-eight,
twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four,

S. 2230 39 A. 2388
thirty-five, thirty-six, thirty-nine, forty, forty-one, forty-one-a,
forty-one-b, forty-two, forty-three, forty-five, forty-six, forty-six-a,
forty-seven, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five,
and fifty-six of this act shall take effect on the sixtieth day after it
shall have become a law;
b. The amendments to subdivision 23 of section 265.00 of the penal law
made by section thirty-eight of this act shall take effect on the nine
tieth day after this act shall have become a law, except that the amend
ments made to paragraph (a) of subdivision 23 shall take effect imme
diately;
c. The amendments to subdivision 1, paragraph (a) of subdivision 3,
and subdivisions 4, 9, 10, 11, 12, 15, and 16-b of section 400.00 of the
penal law made by section forty-eight of this act shall take effect one
year after this act shall have become a law;
d. The amendments to subdivision 16-a of section 400.00 of the penal
law made by section forty-eight of this act shall take effect on the
ninetieth day after this act shall have become a law;
e. The amendments to sections 400.02 and 400.03 of the penal law made
by sections forty-nine and fifty of this act shall take effect one year
after it shall have become a law; and
f. The amendments to subdivision (b) of section 9.47 and sections 9.48
and 9.60 of the mental hygiene law made by sections twenty-one, twenty
two and twenty-three of this act shall not affect the expiration and
repeal of such paragraph and sections and shall be deemed repealed ther
ewith.

Firearms Rights - Fuel for the Fire

2013-01-09T22:29:00.000-05:00

Quotes on Firearms Rights

Here are some of my favorite quotes on the right to bear arms. If you like these, surf over to my fortunes collection where you can download them in a couple of cookie files.
When only cops have guns, it's called a "police state".

Love your country, but never trust its government.

-- Robert A. Heinlein.
"The power to tax involves the power to destroy;...the power to destroy may defeat and render useless the power to create...."

-- Chief Justice John Marshall, 1819.
"Rightful liberty is unobstructed action, according to our will, within limits drawn around us by the equal rights of others."

-- Thomas Jefferson
"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government"

-- Thomas Jefferson, 1 Thomas Jefferson Papers, 334
"The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"

-- George Washington
"The best we can hope for concerning the people at large is that they be properly armed."

-- Alexander Hamilton, The Federalist Papers at 184-188
"Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest."

-- Mahatma Gandhi
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

-- Benjamin Franklin, Historical Review of Pennsylvania, 1759.
"Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficient... The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding."

-- Supreme Court Justice Louis Brandeis
"Extremism in the defense of liberty is no vice. Tolerance in the face of tyranny is no virtue."

-- Barry Goldwater
"I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical."

-- Thomas Jefferson, Letter to James Madison, January 30, 1787
The people of the various provinces are strictly forbidden to have in their possession any swords, short swords, bows, spears, firearms, or other types of arms. The possession of unnecessary implements makes difficult the collection of taxes and dues and tends to foment uprisings.

-- Toyotomi Hideyoshi, Shogun, August 1588
"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it or their revolutionary right to dismember it or overthrow it."

-- Abraham Lincoln, 4 April 1861
"One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offense to keep arms."

-- Constitutional scholar Joseph Story, 1840
"The bearing of arms is the essential medium through which the individual asserts both his social power and his participation in politics as a responsible moral being..."

-- J.G.A. Pocock, describing the beliefs of the founders of the U.S.
Men trained in arms from their infancy, and animated by the love of liberty, will afford neither a cheap or easy conquest.

-- From the Declaration of the Continental Congress, July 1775.
"As to the species of exercise, I advise the gun. While this gives [only] moderate exercise to the body, it gives boldness, enterprise, and independence to the mind. Games played with the ball and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun, therefore, be the constant companion to your walks."

-- Thomas Jefferson, writing to his teenaged nephew.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

-- 16 Am. Jur. Sec. 177 late 2d, Sec 256
"The state calls its own violence `law', but that of the individual `crime'"

-- Max Stirner
"Taking my gun away because I might shoot someone is like cutting my tongue out because I might yell `Fire!' in a crowded theater."

-- Peter Venetoklis
...Virtually never are murderers the ordinary, law-abiding people against whom gun bans are aimed. Almost without exception, murderers are extreme aberrants with lifelong histories of crime, substance abuse, psychopathology, mental retardation and/or irrational violence against those around them, as well as other hazardous behavior, e.g., automobile and gun accidents."

-- Don B. Kates, writing on statistical patterns in gun crime
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom."

-- John F. Kennedy
The right of the citizens to keep and bear arms has justly been considered as the palladium of the liberties of a republic; since it offers a strong moral check against usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them."

-- Supreme Court Justice Joseph Story of the John Marshall Court
"Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action."

-- George Washington, in a speech of January 7, 1790
"A militia, when properly formed, are in fact the people themselves ... and include all men capable of bearing arms."

-- Senator Richard Henry Lee, 1788, on "militia" in the 2nd Amendment
"...quemadmodum gladius neminem occidit, occidentis telum est." [...a sword never kills anybody; it's a tool in the killer's hand.]

-- (Lucius Annaeus) Seneca "the Younger" (ca. 4 BC-65 AD),
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.

-- Cesare Beccaria, as quoted by Thomas Jefferson's Commonplace book
No kingdom can be secured otherwise than by arming the people. The possession of arms is the distinction between a freeman and a slave.

-- "Political Disquisitions", a British republican tract of 1774-1775
The spirit of resistance to government is so valuable on certain occasions, that I wish it always to be kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the Atmosphere.

-- Thomas Jefferson, letter to Abigail Adams, 1787
& what country can preserve its liberties, if its rulers are not warned from time to time that his people preserve the spirit of resistance? Let them take arms.

-- Thomas Jefferson, letter to Col. William S. Smith, 1787
"Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined."

-- Patrick Henry, speech of June 5 1788
Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defence? Where is the difference between having our arms in our own possession and under our own direction, and having them under the management of Congress? If our defence be the *real* object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?

-- Patrick Henry, speech of June 9 1788
"To disarm the people... was the best and most effectual way to enslave them."

-- George Mason, speech of June 14, 1788
"The great object is, that every man be armed. [...] Every one who is able may have a gun."

-- Patrick Henry, speech of June 14 1788
Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.

-- "M.T. Cicero", in a newspaper letter of 1788 touching the "militia"
referred to in the Second Amendment to the Constitution.
That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United states who are peaceable citizens from keeping their own arms...

-- Samuel Adams, in "Phila. Independent Gazetteer", August 20, 1789
The danger (where there is any) from armed citizens, is only to the *government*, not to *society*; and as long as they have nothing to revenge in the government (which they cannot have while it is in their own hands) there are many advantages in their being accustomed to the use of arms, and no possible disadvantage.

-- Joel Barlow, "Advice to the Privileged Orders", 1792-93
[The disarming of citizens] has a double effect, it palsies the hand and brutalizes the mind: a habitual disuse of physical forces totally destroys the moral [force]; and men lose at once the power of protecting themselves, and of discerning the cause of their oppression.

-- Joel Barlow, "Advice to the Privileged Orders", 1792-93
A man who has nothing which he is willing to fight for, nothing which he cares about more than he does about his personal safety, is a miserable creature who has no chance of being free, unless made and kept so by the exertions of better men than himself.

-- John Stuart Mill, writing on the U.S. Civil War in 1862
You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the great struggle for independence.

-- Attributed to Charles Austin Beard (1874-1948)
Every Communist must grasp the truth, 'Political power grows out of the barrel of a gun.'

-- Mao Tse-tung, 1938, inadvertently endorsing the Second Amendment.
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. [...] The Militia comprised all males physically capable of acting in concert for the common defense.

-- Majority Supreme Court opinion in "U.S. vs. Miller" (1939)
An armed society is a polite society. Manners are good when one may have to back up his acts with his life.

-- Robert A. Heinlein, "Beyond This Horizon", 1942
The most foolish mistake we could possibly make would be to permit the conquered Eastern peoples to have arms. History teaches that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by doing so.

-- Hitler, April 11 1942
The right to buy weapons is the right to be free.

-- A.E. Van Vogt, "The Weapon Shops Of Isher", ASF December 1942
Rifles, muskets, long-bows and hand-grenades are inherently democratic weapons. A complex weapon makes the strong stronger, while a simple weapon -- so long as there is no answer to it -- gives claws to the weak.

-- George Orwell, "You and the Atom Bomb", 1945
Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of the citizens to keep and bear arms. [...] the right of the citizens to bear arms is just one guarantee against arbitrary government and one more safeguard against a tyranny which now appears remote in America, but which historically has proved to be always possible.

-- Hubert H. Humphrey, 1960
No matter how one approaches the figures, one is forced to the rather startling conclusion that the use of firearms in crime was very much less when there were no controls of any sort and when anyone, convicted criminal or lunatic, could buy any type of firearm without restriction. Half a century of strict controls on pistols has ended, perversely, with a far greater use of this weapon in crime than ever before.

-- Colin Greenwood, in the study "Firearms Control", 1972
Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws."

-- Edward Abbey, "Abbey's Road", 1979
If I were to select a jack-booted group of fascists who are perhaps as large a danger to American society as I could pick today, I would pick BATF [the Bureau of Alcohol, Tobacco, and Firearms].

-- U.S. Representative John Dingell, 1980
.. a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen...

-- Warren v. District of Columbia, 444 A.2d 1 (D.C. App.181)
The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.

-- Report of the Subcommittee On The Constitution of the Committee On
The Judiciary, United States Senate, 97th Congress, second session
(February, 1982), SuDoc# Y4.J 89/2: Ar 5/5
In recent years it has been suggested that the Second Amendment protects the "collective" right of states to maintain militias, while it does not protect the right of "the people" to keep and bear arms. If anyone entertained this notion in the period during which the Constitution and the Bill of Rights were debated and ratified, it remains one of the most closely guarded secrets of the eighteenth century, for no known writing surviving from the period between 1787 and 1791 states such a thesis.

-- Stephen P. Halbrook, "That Every Man Be Armed", 1984
To make inexpensive guns impossible to get is to say that you're putting a money test on getting a gun. It's racism in its worst form.

-- Roy Innis, president of the Congress of Racial Equality (CORE), 1988
I don't like the idea that the police department seems bent on kepping a pool of unarmed victims available for the predations of the criminal class.

-- David Mohler, 1989, on being denied a carry permit in NYC
Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power.

-- Yoshimi Ishikawa, Japanese author, in the LA Times 15 Oct 1992
You know why there's a Second Amendment? In case the government fails to follow the first one.

-- Rush Limbaugh, in a moment of unaccustomed profundity 17 Aug 1993
The whole of the Bill [of Rights] is a declaration of the right of the people at large or considered as individuals... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.

-- Albert Gallatin, Oct 7 1789
"Those who make peaceful revolution impossible will make violent revolution inevitable.

-- John F. Kennedy

The top 10 political quotes of 2012.

2012-12-31T13:50:00.000-05:00

10) “This was not a preplanned, premeditated attack. . . . It was a spontaneous reaction to what had just transpired in Cairo as a consequence of the video.”

– Ambassador Susan Rice incorrectly blaming an anti-Islam video for inciting an attack on the U.S. consulate in Benghazi, Libya, in September.

9) "President Obama wants everybody in America to go to college. What a snob."

– Republican presidential candidate Rick Santorum in February.

8) “How they can justify raising taxes on the middle class that has been buried the last four years?”

– Vice President Joe Biden in October, trying to criticize Republicans while inadvertently admitting that the middle class suffered through the Obama-Biden administration’s entire first four-year term.

7) “If you were successful, somebody along the line gave you some help. There was a great teacher somewhere in your life. Somebody helped to create this unbelievable American system that we have that allowed you to thrive. Somebody invested in roads and bridges. If you’ve got a business – you didn’t build that. Somebody else made that happen.”

– President Barack Obama in July.

6) "We went to a number of women’s groups and said, ‘Can you help us find folks?’ and they brought us whole binders full of women."

– Republican presidential candidate Mitt Romney in an October debate with Obama.

5) "You hit a reset button for the fall campaign; everything changes. It’s almost like an Etch A Sketch. You can kind of shake it up and restart all over again.”

– Romney adviser Eric Fehrnstrom in March explaining how the candidate could change his image after winning the Republican nomination.

4) “This is my last election. After my election I have more flexibility.”

– Obama to then-Russian President Dmitri Medvedev in March, unknowingly recorded on an open microphone.

3) “What does that make her? It makes her a slut, right? It makes her a prostitute. She wants to be paid to have sex. She’s having so much sex she can’t afford the contraception. She wants you and me and the taxpayers to pay her to have sex.”

– Rush Limbaugh on Sandra Fluke’s advocacy for free contraception.

2) "If it’s a legitimate rape, the female body has ways to try to shut that whole thing down."

– Republican Senate candidate Todd Akin of Missouri in August.

1) “There are 47 percent of the people who will vote for the president no matter what. All right, there are 47 percent who are with him, who are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you-name-it. . . . My job is not to worry about those people. I’ll never convince them they should take personal responsibility and care for their lives."

– Romney at a secretly taped Florida fundraiser in May.

email:dlightman@mcclatchydc.com; twitter @davidlightman

Congress Scuttled Pearl Harbor Day

2012-12-07T11:42:00.000-05:00

Rule #28 2011 - Congress pushed aside National Pearl Harbor Remembrance Day (Barring consideration of any measure that “expresses appreciation, commends, congratulates, celebrates, recognizes the accomplishments of, or celebrates the anniversary of, an entity, event, group, individual, institution, team or government program; or acknowledges or recognizes a period of time for such purposes”)

While the government may have forgotten about Dec. 7th, 1941, I urge the American public to not forget that day. Do not forsake the over 3500 men and women that lost their lives on that day. If you forsake them you have forsaken all of our parents, grandparents and great grand parents, aunts, uncles and cousins, friends and neighbors. Forsake them and you have forsaken yourselves.

We at Zombified Times would like to salute all those that served in WWII and all those that gave the ultimate sacrifice on December 7th, 1941. We will not forget.

Lincolns Address Before the Young Men's Lyceum

2012-11-08T17:30:00.001-05:00

The Perpetuation of Our Political Institutions:
Address Before the Young Men's Lyceum of Springfield, Illinois
January 27, 1838

As a subject for the remarks of the evening, the perpetuation of our political institutions, is selected.

In the great journal of things happening under the sun, we, the American People, find our account running, under date of the nineteenth century of the Christian era.--We find ourselves in the peaceful possession, of the fairest portion of the earth, as regards extent of territory, fertility of soil, and salubrity of climate. We find ourselves under the government of a system of political institutions, conducing more essentially to the ends of civil and religious liberty, than any of which the history of former times tells us. We, when mounting the stage of existence, found ourselves the legal inheritors of these fundamental blessings. We toiled not in the acquirement or establishment of them--they are a legacy bequeathed us, by a once hardy, brave, and patriotic, but now lamented and departed race of ancestors. Their's was the task (and nobly they performed it) to possess themselves, and through themselves, us, of this goodly land; and to uprear upon its hills and its valleys, a political edifice of liberty and equal rights; 'tis ours only, to transmit these, the former, unprofaned by the foot of an invader; the latter, undecayed by the lapse of time and untorn by usurpation, to the latest generation that fate shall permit the world to know. This task of gratitude to our fathers, justice to ourselves, duty to posterity, and love for our species in general, all imperatively require us faithfully to perform.

How then shall we perform it?--At what point shall we expect the approach of danger? By what means shall we fortify against it?-- Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never!--All the armies of Europe, Asia and Africa combined, with all the treasure of the earth (our own excepted) in their military chest; with a Buonaparte for a commander, could not by force, take a drink from the Ohio, or make a track on the Blue Ridge, in a trial of a thousand years.

At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.

I hope I am over wary; but if I am not, there is, even now, something of ill-omen, amongst us. I mean the increasing disregard for law which pervades the country; the growing disposition to substitute the wild and furious passions, in lieu of the sober judgment of Courts; and the worse than savage mobs, for the executive ministers of justice. This disposition is awfully fearful in any community; and that it now exists in ours, though grating to our feelings to admit, it would be a violation of truth, and an insult to our intelligence, to deny. Accounts of outrages committed by mobs, form the every-day news of the times. They have pervaded the country, from New England to Louisiana;--they are neither peculiar to the eternal snows of the former, nor the burning suns of the latter;--they are not the creature of climate-- neither are they confined to the slave-holding, or the non-slave- holding States. Alike, they spring up among the pleasure hunting masters of Southern slaves, and the order loving citizens of the land of steady habits.--Whatever, then, their cause may be, it is common to the whole country.

It would be tedious, as well as useless, to recount the horrors of all of them. Those happening in the State of Mississippi, and at St. Louis, are, perhaps, the most dangerous in example and revolting to humanity. In the Mississippi case, they first commenced by hanging the regular gamblers; a set of men, certainly not following for a livelihood, a very useful, or very honest occupation; but one which, so far from being forbidden by the laws, was actually licensed by an act of the Legislature, passed but a single year before. Next, negroes, suspected of conspiring to raise an insurrection, were caught up and hanged in all parts of the State: then, white men, supposed to be leagued with the negroes; and finally, strangers, from neighboring States, going thither on business, were, in many instances subjected to the same fate. Thus went on this process of hanging, from gamblers to negroes, from negroes to white citizens, and from these to strangers; till, dead men were seen literally dangling from the boughs of trees upon every road side; and in numbers almost sufficient, to rival the native Spanish moss of the country, as a drapery of the forest.

Turn, then, to that horror-striking scene at St. Louis. A single victim was only sacrificed there. His story is very short; and is, perhaps, the most highly tragic, if anything of its length, that has ever been witnessed in real life. A mulatto man, by the name of McIntosh, was seized in the street, dragged to the suburbs of the city, chained to a tree, and actually burned to death; and all within a single hour from the time he had been a freeman, attending to his own business, and at peace with the world.

Such are the effects of mob law; and such as the scenes, becoming more and more frequent in this land so lately famed for love of law and order; and the stories of which, have even now grown too familiar, to attract any thing more, than an idle remark.

But you are, perhaps, ready to ask, "What has this to do with the perpetuation of our political institutions?" I answer, it has much to do with it. Its direct consequences are, comparatively speaking, but a small evil; and much of its danger consists, in the proneness of our minds, to regard its direct, as its only consequences. Abstractly considered, the hanging of the gamblers at Vicksburg, was of but little consequence. They constitute a portion of population, that is worse than useless in any community; and their death, if no pernicious example be set by it, is never matter of reasonable regret with any one. If they were annually swept, from the stage of existence, by the plague or small pox, honest men would, perhaps, be much profited, by the operation.--Similar too, is the correct reasoning, in regard to the burning of the negro at St. Louis. He had forfeited his life, by the perpetuation of an outrageous murder, upon one of the most worthy and respectable citizens of the city; and had not he died as he did, he must have died by the sentence of the law, in a very short time afterwards. As to him alone, it was as well the way it was, as it could otherwise have been.--But the example in either case, was fearful.--When men take it in their heads to day, to hang gamblers, or burn murderers, they should recollect, that, in the confusion usually attending such transactions, they will be as likely to hang or burn some one who is neither a gambler nor a murderer as one who is; and that, acting upon the example they set, the mob of to-morrow, may, and probably will, hang or burn some of them by the very same mistake. And not only so; the innocent, those who have ever set their faces against violations of law in every shape, alike with the guilty, fall victims to the ravages of mob law; and thus it goes on, step by step, till all the walls erected for the defense of the persons and property of individuals, are trodden down, and disregarded. But all this even, is not the full extent of the evil.--By such examples, by instances of the perpetrators of such acts going unpunished, the lawless in spirit, are encouraged to become lawless in practice; and having been used to no restraint, but dread of punishment, they thus become, absolutely unrestrained.--Having ever regarded Government as their deadliest bane, they make a jubilee of the suspension of its operations; and pray for nothing so much, as its total annihilation. While, on the other hand, good men, men who love tranquility, who desire to abide by the laws, and enjoy their benefits, who would gladly spill their blood in the defense of their country; seeing their property destroyed; their families insulted, and their lives endangered; their persons injured; and seeing nothing in prospect that forebodes a change for the better; become tired of, and disgusted with, a Government that offers them no protection; and are not much averse to a change in which they imagine they have nothing to lose. Thus, then, by the operation of this mobocractic spirit, which all must admit, is now abroad in the land, the strongest bulwark of any Government, and particularly of those constituted like ours, may effectually be broken down and destroyed--I mean the attachment of the People. Whenever this effect shall be produced among us; whenever the vicious portion of population shall be permitted to gather in bands of hundreds and thousands, and burn churches, ravage and rob provision-stores, throw printing presses into rivers, shoot editors, and hang and burn obnoxious persons at pleasure, and with impunity; depend on it, this Government cannot last. By such things, the feelings of the best citizens will become more or less alienated from it; and thus it will be left without friends, or with too few, and those few too weak, to make their friendship effectual. At such a time and under such circumstances, men of sufficient talent and ambition will not be wanting to seize the opportunity, strike the blow, and overturn that fair fabric, which for the last half century, has been the fondest hope, of the lovers of freedom, throughout the world.

I know the American People are much attached to their Government;--I know they would suffer much for its sake;--I know they would endure evils long and patiently, before they would ever think of exchanging it for another. Yet, notwithstanding all this, if the laws be continually despised and disregarded, if their rights to be secure in their persons and property, are held by no better tenure than the caprice of a mob, the alienation of their affections from the Government is the natural consequence; and to that, sooner or later, it must come.

Here then, is one point at which danger may be expected.

The question recurs, "how shall we fortify against it?" The answer is simple. Let every American, every lover of liberty, every well wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their violation by others. As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor;--let every man remember that to violate the law, is to trample on the blood of his father, and to tear the character of his own, and his children's liberty. Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap--let it be taught in schools, in seminaries, and in colleges; let it be written in Primers, spelling books, and in Almanacs;--let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation; and let the old and the young, the rich and the poor, the grave and the gay, of all sexes and tongues, and colors and conditions, sacrifice unceasingly upon its altars.

While ever a state of feeling, such as this, shall universally, or even, very generally prevail throughout the nation, vain will be every effort, and fruitless every attempt, to subvert our national freedom.

When I so pressingly urge a strict observance of all the laws, let me not be understood as saying there are no bad laws, nor that grievances may not arise, for the redress of which, no legal provisions have been made.--I mean to say no such thing. But I do mean to say, that, although bad laws, if they exist, should be repealed as soon as possible, still while they continue in force, for the sake of example, they should be religiously observed. So also in unprovided cases. If such arise, let proper legal provisions be made for them with the least possible delay; but, till then, let them, if not too intolerable, be borne with.

There is no grievance that is a fit object of redress by mob law. In any case that arises, as for instance, the promulgation of abolitionism, one of two positions is necessarily true; that is, the thing is right within itself, and therefore deserves the protection of all law and all good citizens; or, it is wrong, and therefore proper to be prohibited by legal enactments; and in neither case, is the interposition of mob law, either necessary, justifiable, or excusable.

But, it may be asked, why suppose danger to our political institutions? Have we not preserved them for more than fifty years? And why may we not for fifty times as long?

We hope there is no sufficient reason. We hope all dangers may be overcome; but to conclude that no danger may ever arise, would itself be extremely dangerous. There are now, and will hereafter be, many causes, dangerous in their tendency, which have not existed heretofore; and which are not too insignificant to merit attention. That our government should have been maintained in its original form from its establishment until now, is not much to be wondered at. It had many props to support it through that period, which now are decayed, and crumbled away. Through that period, it was felt by all, to be an undecided experiment; now, it is understood to be a successful one.--Then, all that sought celebrity and fame, and distinction, expected to find them in the success of that experiment. Their all was staked upon it:-- their destiny was inseparably linked with it. Their ambition aspired to display before an admiring world, a practical demonstration of the truth of a proposition, which had hitherto been considered, at best no better, than problematical; namely, the capability of a people to govern themselves. If they succeeded, they were to be immortalized; their names were to be transferred to counties and cities, and rivers and mountains; and to be revered and sung, and toasted through all time. If they failed, they were to be called knaves and fools, and fanatics for a fleeting hour; then to sink and be forgotten. They succeeded. The experiment is successful; and thousands have won their deathless names in making it so. But the game is caught; and I believe it is true, that with the catching, end the pleasures of the chase. This field of glory is harvested, and the crop is already appropriated. But new reapers will arise, and they, too, will seek a field. It is to deny, what the history of the world tells us is true, to suppose that men of ambition and talents will not continue to spring up amongst us. And, when they do, they will as naturally seek the gratification of their ruling passion, as others have so done before them. The question then, is, can that gratification be found in supporting and maintaining an edifice that has been erected by others? Most certainly it cannot. Many great and good men sufficiently qualified for any task they should undertake, may ever be found, whose ambition would inspire to nothing beyond a seat in Congress, a gubernatorial or a presidential chair; but such belong not to the family of the lion, or the tribe of the eagle. What! think you these places would satisfy an Alexander, a Caesar, or a Napoleon?--Never! Towering genius distains a beaten path. It seeks regions hitherto unexplored.--It sees no distinction in adding story to story, upon the monuments of fame, erected to the memory of others. It denies that it is glory enough to serve under any chief. It scorns to tread in the footsteps of any predecessor, however illustrious. It thirsts and burns for distinction; and, if possible, it will have it, whether at the expense of emancipating slaves, or enslaving freemen. Is it unreasonable then to expect, that some man possessed of the loftiest genius, coupled with ambition sufficient to push it to its utmost stretch, will at some time, spring up among us? And when such a one does, it will require the people to be united with each other, attached to the government and laws, and generally intelligent, to successfully frustrate his designs.

Distinction will be his paramount object, and although he would as willingly, perhaps more so, acquire it by doing good as harm; yet, that opportunity being past, and nothing left to be done in the way of building up, he would set boldly to the task of pulling down.

Here, then, is a probable case, highly dangerous, and such a one as could not have well existed heretofore.

Another reason which once was; but which, to the same extent, is now no more, has done much in maintaining our institutions thus far. I mean the powerful influence which the interesting scenes of the revolution had upon the passions of the people as distinguished from their judgment. By this influence, the jealousy, envy, and avarice, incident to our nature, and so common to a state of peace, prosperity, and conscious strength, were, for the time, in a great measure smothered and rendered inactive; while the deep-rooted principles of hate, and the powerful motive of revenge, instead of being turned against each other, were directed exclusively against the British nation. And thus, from the force of circumstances, the basest principles of our nature, were either made to lie dormant, or to become the active agents in the advancement of the noblest cause--that of establishing and maintaining civil and religious liberty.

But this state of feeling must fade, is fading, has faded, with the circumstances that produced it.

I do not mean to say, that the scenes of the revolution are now or ever will be entirely forgotten; but that like every thing else, they must fade upon the memory of the world, and grow more and more dim by the lapse of time. In history, we hope, they will be read of, and recounted, so long as the bible shall be read;-- but even granting that they will, their influence cannot be what it heretofore has been. Even then, they cannot be so universally known, nor so vividly felt, as they were by the generation just gone to rest. At the close of that struggle, nearly every adult male had been a participator in some of its scenes. The consequence was, that of those scenes, in the form of a husband, a father, a son or brother, a living history was to be found in every family-- a history bearing the indubitable testimonies of its own authenticity, in the limbs mangled, in the scars of wounds received, in the midst of the very scenes related--a history, too, that could be read and understood alike by all, the wise and the ignorant, the learned and the unlearned.--But those histories are gone. They can be read no more forever. They were a fortress of strength; but, what invading foeman could never do, the silent artillery of time has done; the leveling of its walls. They are gone.--They were a forest of giant oaks; but the all-resistless hurricane has swept over them, and left only, here and there, a lonely trunk, despoiled of its verdure, shorn of its foliage; unshading and unshaded, to murmur in a few gentle breezes, and to combat with its mutilated limbs, a few more ruder storms, then to sink, and be no more.

They were the pillars of the temple of liberty; and now, that they have crumbled away, that temple must fall, unless we, their descendants, supply their places with other pillars, hewn from the solid quarry of sober reason. Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws: and, that we improved to the last; that we remained free to the last; that we revered his name to the last; that, during his long sleep, we permitted no hostile foot to pass over or desecrate his resting place; shall be that which to learn the last trump shall awaken our WASHINGTON.

Upon these let the proud fabric of freedom rest, as the rock of its basis; and as truly as has been said of the only greater institution, "the gates of hell shall not prevail against it."

Other Presidential Candidates - 2012

2012-10-16T12:57:00.001-04:00

Gary Johnson of the Libertarian Party: "Bring the Troops Home!"

Gary Johnson is the former Republican governor of New Mexico. He served as governor from 1995 to 2003, and was known for his liberal use of the veto pen. He takes credit for the fact that in 2003, New Mexico was one of only four states with a balanced budget.

Jill Stein of the Green Party: "An End to Corporate Rule"

Jill Stein is a Massachusetts physician who entered the political arena through her advocacy around issues of environmental health. She ran for governor of Massachusetts in 2002 against Mitt Romney, and has been active in campaigns to protect children from toxic pollution and to reform campaign finance laws in Massachusetts. Stein's campaign is proposing a "Green New Deal" which is "an emergency four part program of specific solutions for moving America quickly out of crisis into the secure green future."

Virgil Goode of the Constitution Party: "Citizenship Matters"

Virgil Goode represented Virginia's 5th district in the U.S. House of Representatives from 1997 to 2009. He was originally elected as a Democrat, then became an independent, and switched to the Republican Party in 2002. Goode is the nominee of the right-wing Constitution Party, and his platform focuses on restoring "constitutional principles."

Rocky Anderson of the Justice Party: Congress and the White House "On a Retainer to Wall Street"

Ross "Rocky" Anderson is a lawyer and the former mayor of Salt Lake City, serving two terms from 2000 to 2004. He is running for president in the progressive Justice Party, and his campaign is focusing on protecting the environment, improving the economy, ending the wars, and protecting and expanding civil and human rights. Anderson proposes a raise in the minimum wage, immigration reform including amnesty and more paths to citizenship, a financial transaction tax on Wall Street, and ending corporate welfare among other initiatives.

DNC wants to have the President make "Corporate Profit" illegal.

2012-09-06T13:53:00.001-04:00

So now the DNC wants to have the President make "Corporate Profit" illegal.
So lets put that in your employers perspective. Company Abc makes a product that is needed by many other manufactures but not widely available. Joe the CEO and owner of Abc, finally turned a profit since opening 10 years ago. He employs 125 people and all make 25k and up and Joe has taken a 100k a year salary, enough to take care of his family while his wife works at the plant for free managing the books. Although the profit was only a million dollars, Joe needs to repair some of the equipment that is 10 years old and make upgrades to keep up with demand. A normal company uses that profit to fix and upgrade the equipment but under the "Corporate Profit" Ban the DNC wants Joe would not give that money to upgrade or fix equipment or even give raises to his employees, he would give 28% to the IRS, $280,000. The repairs would cost almost $1.1 million and he would have been able to finance the rest but now he no longer has the capital to do this. The remainder would be split up under the suggested legislation to all non-management employees....what about Joe? The company? No profit? No need to stay in business. Hello 125 unemployed people..welcome to the new world order.

I have seen several people who were self employed and doing great four plus years ago and now they are in the red, barely able to keep business open, or already closed. You can blame Bush if you would like, but you are also probably not a business owner, an employer, but Bush isn't signing current legislation and things are not getting better, they are getting worse and they are not going to get better on this current track and please do not compare to Not-for-profit. They get their money from corporate sponsors, tax payer dollars and fund raising (Top CEO NFP Pay: Partners HealthCare System-James Mongan, CEO $3,421,870 and Top Employee NFP pay: Yale University David Swensen, chief investment officer $4,389,727, that is correct Yale is a Non-For-Profit). Enough said.

Biden aka Ghost Rider

2012-08-16T11:07:00.004-04:00

2012-08-09T15:01:00.001-04:00

Zombified Times Radio Schedule
Zombified Times Radio Link will open in a new window

2012-08-09
12:30 George Washington\'s Presidential Farewell speech
15:00 Maximum Rock and Roll Radio

2012-08-10
10:00 Replay of Thomas Paine's - Common Sense

Monday - Friday
18:00 Senate Republican Conference (Subject to change without notice)

Please join us and as usual plenty of music between the talk.

CBO | CBO Releases Report on the Distribution of Household Income and Federal Taxes, 2008 and 2009

2012-08-01T12:49:00.001-04:00

CBO | CBO Releases Report on the Distribution of Household Income and Federal Taxes, 2008 and 2009

Obama asks Congress to let him cut drilling reservist pay as much as 50%

2012-08-01T11:15:00.000-04:00

Here is a topic very close to my heart and after reading several documents and purposed cuts to reservist pay, I am truly fuming. I spent many years in the Navy reserves and it was not just one weekend a month, 2 weeks a year or the occasional Presidential recall for Bosnia support or Desert Storm support. When I was in I worked or went to school full time and worked as many as 4 to 8 hours every day on contracts, letters, orders for deployment, supply ordering, evaluations or whatever my duties where at the time. Not to mention extra weekends without pay to get things accomplished. It is truly a crime to even think that cutting a drilling reservist pay would be considered. I know the President lost many votes just for thinking about this in his budget and asking congress to approve such cuts.

Some Articles on the subject:
http://www.armytimes.com/news/2012/07/PRIMEmilitary-reserve-advocates-decry-drill-pay-cut-070612/

http://waronterrornews.typepad.com/home/2012/07/obama-asks-congress-to-let-him-cut-guardreserve-pay-in-half.html

CBO | CBO Releases Two Analyses Related to the Affordable Care Act

2012-07-31T10:11:00.001-04:00

CBO | CBO Releases Two Analyses Related to the Affordable Care Act

3 million more uninsured as a result of ACA? Coverage for all? We are witness to the collapse of the American way. This could have all been avoided if we never had a revolution.

The Constitution of the United States: A Transcription

2012-07-27T13:19:00.000-04:00

The Constitution of the United States: A Transcription

Note: The following text is a transcription of the Constitution in its original form.
Items that are hyperlinked have since been amended or superseded.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.

Section. 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section. 2.
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section. 3.
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section. 6.
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section. 7.
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section. 9.
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article. II.

Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section. 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III.

Section. 1.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section. 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

The Bill of Rights: A Transcription

2012-07-27T13:12:00.000-04:00

Special thanks to the U.S. National Archive & Records Administration for the transcript

The Bill of Rights: A Transcription

The Preamble to The Bill of Rights
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the

United States

by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Australia banned guns, didn't fix crime.

2012-07-26T10:09:00.001-04:00

From the Australian Bureau of Criminology - 2010

Actually, if the Australian Bureau of Criminology can be believed, Americans would be insane to concern themselves with what non-Americans think about American gun rights.

In 2002 — five years after enacting its gun ban — the Australian Bureau of Criminology acknowledged there is no correlation between gun control and the use of firearms in violent crime. In fact, the percent of murders committed with a firearm was the highest it had ever been in 2006 (16.3 percent).

Even Australia’s Bureau of Crime Statistics and Research acknowledges that the gun ban had no significant impact on the amount of gun-involved crime:

In 2006, assault rose 49.2 percent and robbery 6.2 percent.
Sexual assault — Australia’s equivalent term for rape — increased 29.9 percent.
Overall, Australia’s violent crime rate rose 42.2 percent.

Moreover, Australia and the United States — where no gun-ban exists — both experienced similar decreases in murder rates:

Between 1995 and 2007, Australia saw a 31.9 percent decrease; without a gun ban, America’s rate dropped 31.7 percent.
During the same time period, all other violent crime indices increased in Australia: assault rose 49.2 percent and robbery 6.2 percent.
Sexual assault — Australia’s equivalent term for rape — increased 29.9 percent.
Overall, Australia’s violent crime rate rose 42.2 percent.
At the same time, U.S. violent crime decreased 31.8 percent: rape dropped 19.2 percent; robbery decreased 33.2 percent; aggravated assault dropped 32.2 percent.
Australian women are now raped over three times as often as American women.

So, if the USA follows Australia’s lead in banning guns, it should expect a 42 percent increase in violent crime, a higher percentage of murders committed with a gun, and three times more rape.

The International Crime Victims Survey, conducted by Leiden University in Holland, found that England and Wales ranked second overall in violent crime among industrialized nations. Twenty-six percent of English citizens — roughly one-quarter of the population — have been victimized by violent crime. Australia led the list with more than 30 percent of its population victimized. The United States didn’t even make the “top 10″ list of industrialized nations whose citizens were victimized by crime.
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Here is a break down of control in Australia:

Firearms categories

Firearms in Australia are grouped into Categories with different levels of control. The categories are:

Category A: Rimfire rifles (not semi-automatic), shotguns (not pump-action or semi-automatic), air rifles, and paintball markers. A "Genuine Reason" must be provided for a Category A firearm.

Category B: Centrefire rifles (not semi-automatic), muzzleloading firearms made after 1 January 1901. Apart of "Genuine Reason" a "Genuine Need" must be demonstrated, including why a Category A firearm would not be suitable.

Category C: Semi-automatic rimfire rifles holding 10 or fewer rounds and pump-action or semi-automatic shotguns holding 5 or fewer rounds. Category C firearms are strongly restricted: only primary producers, occupational shooters, collectors and some clay target shooters can own functional Category C firearms.

Category D: Semi-automatic centrefire rifles, pump-action or semi-automatic shotguns holding more than 5 rounds. Functional Category D firearms are restricted to government agencies and a few occupational shooters. Collectors may own deactivated Category D firearms.

Category H: Handguns including air pistols and deactivated handguns. This class is available to target shooters. To be eligible for a Category H firearm, a target shooter must serve a probationary period of six months using club handguns, and a minimum number of matches yearly to retain each category of handgun.

Target shooters are limited to handguns of .38 or 9mm calibre or less and magazines may hold a maximum of 10 rounds. Participants in certain "approved" pistol competitions may acquire handguns up to .45", currently Single Action Shooting and Metallic Silhouette. IPSC shooting is approved for 9mm/.38/.357 handguns that meet the IPSC rules, but larger calibers are not approved for IPSC handgun shooting contests. Category H barrels must be at least 100mm (3.94") long for revolvers, and 120mm (4.72") for semi-automatic pistols unless the pistols are clearly ISSF target pistols: magazines are restricted to 10 rounds. Handguns held as part of a collection were exempted from these limits.

Category R/E: Restricted weapons: machine guns, rocket launchers, assault rifles, flame-throwers, anti-tank guns, Howitzers, artillery, etc. can be owned by collectors in some states provided that these weapons have been rendered permanently inoperable. They are subject to the same storage and licensing requirements as fully functioning firearms.
Certain Antique firearms can in some states be legally held without licences. In other states they are subject to the same requirements as modern firearms.

All single-shot muzzleloading firearms manufactured before 1 January 1901 are considered antique firearms. Four states require licences for antique percussion revolvers and cartridge repeating firearms, but in Queensland and Victoria a person may possess such a firearm without a licence, so long as the firearm is registered (percussion revolvers require a license in Victoria).
Australia has very tight restrictions on items which are far less controlled in comparable societies such as the UK. Air pistols, elsewhere unrestricted, are as difficult to get as centrefire and rimfire handguns, and low-powered airguns are as difficult as cartridge arms to license. Airsoft guns are banned in all states and non-firing replicas banned in most. Suppressors (or 'silencers') which are legal in the UK and New Zealand, are extremely restricted in Australia to a few government bodies.

Obama-care now covering horses

2012-07-12T10:09:00.001-04:00

In a late breaking announcement the White House announced that the Patient Protection and Affordable Care Act, will be amended to cover free health care for all horses. A Presidential spokesman said that this stems from the sale of "I'll have another" to a Japanese stud farm for $10 million dollars. While the owners wished to keep the horse they could no longer afford the care of the horse with mounting medical bills and lack of health insurance the horse was almost broke and his family could not pay for any future pain meds and anti-inflammatory drugs.

While the horse may have had a life of doping thanks to his trainer he was pulled from the derby due a tendon issue, or was it. With this latest move by the white house to guarantee health care to all Americans, he is now bridging the long ignored man and beast relationship bring horses in to the fold now closes that gap . When asked what was next, the spokesman commented on an American Unification Act that will bring all animals as equals to humans in the US and promise full citizenship to them. Although this will only cover domesticated animals off the bat, it will start to bring wildlife in to the mix, including all evasive species. In American no one will be denied a basic right such as health-care. The cost of this will be covered by an additional tax surcharge (penalty) to be absorbed under the Federal Income Tax, the cost will be an estimated .60 for every dollar a working American earns.

When announced states have reported an increase sale of hunting licenses and in a symbolic gesture republicans went out to barns across the nation and shot a horse, then ate it. It was countered by liberals going out and eating a human.

Unions not for the workers anymore

2012-07-11T11:58:00.001-04:00

We are hearing a lot of self proclaimed liberals, screaming that the right is against teachers, firemen and police as well as any public service employee. Sounds more like some people are grasping at straws. I think the real disdain is the unions that "work for their members". Lets remember one thing, if you work in the public sector you work for the tax payers. They should be the ones to decide if you get a raise or not, in theory.

In the past Unions have been the tool of protection for the working class. Protection of workers rights, benefits and generally to keep working conditions and standards above minimal. Unions also carried a stigma of being run by crooks, thugs and organized crime, and that was not to far from the truth historically, but in general it created a higher working standard for certain blue collar workers across the US. Here lies the problem we are seeing today.

The public sector employees are all unionized, only a hand full of municipalities or counties across the US have union free police, fire, school, or other government employees. While the burden of paying for these is on the tax payers and for years they turned a blind eye to the request for raises, often masked in behind closed door bargaining sessions, that result in a tax increase on the citizens.

Seriously, everyone knows the importance of fire and police and others in that area of work, but how much do they really get for what they do. Well around my area a rookie cop gets $47000 a year, plus overtime. A total compensation package worth $76000, pretty good for a rookie. Hit your second year and base goes to $52000. Benefits jump to about $83500. Fireman start at around $40000 with a compensation at $15000. Lets compare that to a non union police officer (Sheriff's department) locally. A rookie Sheriff base salary is $52000, with a compensation package worth $83420. The same after five years base jumps to $60000 and comp makes it $100,000.

I am not going to argue pro-con about their unions, but lets look the tax burden....The union police tax cost is $3.00 per year per $1000 property value, so a $10000 property value would pay $30. For the Sheriff the cost is $22 per year, flat. Why the extra cost for the union, you are paying for the union. It is estimated that over 15% of the money collected for police in tax revenue goes to the union, on top of the dues the officers pay to the union. Our local police union president makes $295000/yr (2010) plus compensation. The last report on the comp package was equal to $380000. He is not a police officer and never was. Where is the justice in that?

Although I use this as an example the top heavy unions often show that top officials are making far more than their members, and often far more than private sector. This is all on the backs of the taxpayer.

Schools have already started to make the swing from union to non-union. Many school districts that have made the change or started incorporating charter schools or "free" school districts have seen higher student performance often exceeding state and federal standards, this often resulted in higher performance standards from the teachers themselves. A number of these school districts have also created incentive based pay or performance pay and many teachers seeing higher pay than their unionized peers, without putting additional burdens on tax payers just to cover teachers pay and not for school improvements, books or extracurricular activities like sports, music or art.

We have lost our children

2012-06-21T09:59:00.002-04:00

Today, I was informed of this video. It is sad, very sad. I often say that the Zombification of America can be stopped. And it all starts at home. When home fails, the children fail and then society fails. I hear so many parents say not my child. My children would not act like that. Think again. I grew up in this area that the video was filmed and I was shocked, saddened and angry. Watch it be prepared...it is your kids, our kids. You have failed.....

Do not judge thy neighbor

2012-06-19T13:16:00.002-04:00

After a little observation and some contemplation we have come to the conclusion that many people are quick to judge their neighbors based on the house they live in, how tall their grass is, what kind of car they drive, how much noise their children make while playing outside. Neighbors complain about who is putting up a pool in 90 degree weather and call police. They judge those who rent versus those who own. Those people are so consumed by others lives because they really consumed by self loathing and are miserable in their own existence that they lash out frivolously at others in an attempt to justify their self hatred.

Often placing themselves on self created pedestal adorned by their own off spring that will most surely achieve the same status as the parents. These people forbid their cherubs from associating with what they call dirt bags, riff-raff, scumbags and low-lifes, all based on rumors and the fact that they will never or would never go out of their comfort zone to meet and great the "other" neighbors. They never offer to cut the grass or help repair a broken step, instead they call "code" about the grass or the unsightly house.

All these breeds and flourishes in the neighborhood via whispers and post to social media, it has grown through their children and will spread to the community quickly. You all have solidified the metaphoric Zombification that we are seeing in our towns and cities, in our schools and our country. My one single advice to you Mr. and Mrs. hyphenated 2.4 children with the manicured lawn, if you truly knew your neighbors and your neighborhood you would know that sometimes the nicest of doors, hide the wickedest secrets. Do not bother to cast that stone, till you can not be judge.

Which side of the fence?

2012-06-16T16:22:00.003-04:00

Which side of the fence?

Ever wondered which side of the fence you sit on?

If a Republican doesn't like guns, he doesn't buy one. If a Democrat doesn't like guns, he wants all guns outlawed.

If a Republican is a vegetarian, he doesn't eat meat. If a Democrat is a vegetarian, he wants all meat products banned for everyone.

If a Republican is homosexual, he quietly leads his life. If a Democrat is homosexual, he demands legislated respect.

If a Republican is down-and-out, he thinks about how to better his situation. A Democrat wonders who is going to take care of him.

If a Republican doesn't like a talk show host, he switches channels. Democrats demand that those they don't like be shut down.

If a Republican is a non-believer, he doesn't go to church. A Democrat non-believer wants any mention of God and religion silenced.

If a Republican decides he needs health care, he goes about shopping for it, or may choose a job that provides it.A Democrat demands that the rest of us pay for his.

If a Republican reads this, and have a good laugh. A Democrat will not because he's "offended".

Mentality of the ignorant. Modern city through the lines of facebook.

2012-06-15T22:21:00.000-04:00

This is an actual Facebook discussion that was going on. The groups focus was Neighborhood Watch. This is how the ignorant look at themselves. We have doctored nothing other than removing the names of those involved.

K G-B
My son and I were just driving up River Street in front of the Fallon Rainbow Center and a kid threw a bottle at my car!!! It hit the windshield (thankfully didn't break it) -scared the hell out of us , I swerved--almost hit a telephone pole and another car just missed me. Had to hold my son back--because he wanted to take off after them. Called 911. Very scary situation that could have been alot worse .. I am still a wreck just thinking about it.

J K
ive had that before...those punks need a good @$$ kicking..hate to say it....but...its true...i know violence is not the answer but it seems to be all they know....crazy jerks.... Wednesday at 6:51pm via mobile · Like · 3

J K
i refuse to drive on river in certain areas Wednesday at 6:53pm via mobile · Like · 2

K G-B
I had to do everything in my power not to go after them, Ironically I work for Troy Housing Authority... so I was not afraid to go after them--I just didn't want my son involved . Wednesday at 7:01pm · Like

S M
I live in the upper Burgh. I won't drive Oakwood at night because there are so many deer up there. So if I'm coming from Wynantskill way or anywhere out that way, I get on 787 just so I don't have to drive up through Troy. Isn't that sad you can't feel safe in your own city. Wednesday at 7:41pm · Like · 3

J C
I had guests come for dinner one night and they asked if their car would be safe. I thought they meant from getting hit. They meant from being broken into. :/ Wednesday at 8:14pm via mobile · Like

J K
yeah its embarassing when you have people not from around here visit and they become traumatized by what u have to drive through to get to certain areas.... Wednesday at 9:49pm via mobile · Like · 1

H B
and The Council member's at least some of them wonder why NO ONE wants to come to Troy.. Yesterday at 1:02pm · Like · 1

S M
Petty Duh? Towing terrorists too so they can keep wondering...city gets a $50 fee on top of the towing plus ticket. Enjoy Troy but watch where you park. Yesterday at 8:19pm via mobile · Like

C C
Ironically..it serves you right. You know those people you called dirtbags? That live down the street from you? The father got a glass bottle thrown at him. Maybe you shouldn't be the one to call people dirtbags, you think your helping lansingburgh but you are most certainly not. As a young person I see the things adults write on here and it's ridiculous. You think lansingburgh is awful and you think your above everyone. You are most certainly not if you just sit around and call people dirtbags and complain, especially when you don't know anything about the situation. We as young people in lansingburgh/Troy sit and laugh at the failure you bring to this town. Your no better than anyone. Anywhere.

He is Referencing the following discussion

K G-B
Few cop cars at the corner of 124th and 7th Ave. The thorn in our side house at our corner. Owner from out of town... Been a problem for a while. Hubby just walked down to see what is going on.. Hopefully we can get these dirtbags off our nice block!! Like · · Unfollow Post · Wednesday at 9:24pm 3 people like this.

K G-B
Bunch of scum bags fighting... NICE.... Owner lives in CT!!! Wednesday at 9:39pm · Like

S M
Jeeez. I just live around the corner and didn't hear anything. The white house on the northwest corner? Wednesday at 9:44pm · Like

K G-B
Yes.. Fighting with the people in the one family rental across the street on 7th... No sirens. I seen the lights fly by my window--which is unusual up here .... Wednesday at 9:46pm · Like

S M
We were told last month at the neighborhood watch meeting that that bunch was being evicted. Can't come too soon. They're typical of the blight that's taking over the city. Yesterday at 10:01am · Like

J C
Not sure dirt bag is a good term, unless you know personally what was going on. Wonder how anyone else would feel if someone drove up to your house and started hurling bottles and rocks at it. Sounds a like we are getting the mob mentality. If that is the case I have torches and pitch forks for sale. Yesterday at 2:51pm · Like · 2

Did you notice the initials..yes same person initiated both conversations. It seems that far more people suffer the Mrs. Kravits syndrome. More to come on our segments of the "Dumbing of America - A Liberal Paradise"

Zombism, Fake or Fad

2012-06-13T22:03:00.001-04:00