Limits the application of the "safe act" to the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester; repealer

Section 2: Amends Section 380.96 of Criminal Procedure Law relating to a sentencing court's obligation to seize firearms, shotguns and rifles and demand surrender of pistol permit license to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Sections 3, 4, 5, 6, 7, 8, 9 and 10 Amend the Family Court Act relating to mandatory and permissive suspension of firearm licenses to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 11: amends Domestic Relations Law regarding firearm suspension, revocation and surrender to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Sections 12, 13, 14: Amend Criminal Procedure Law relating to suspension and ineligibility of firearm licenses and firearm surrender to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Sections 15 and 16: Amends Article 39-DDD of General Business Law which extends the requirement for a federal NICS background check to private sales of firearms, rifles and shotguns to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 17: Amends Judiciary Law relating to transmission of records to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 18: Amends Mental Hygiene Law relating to certain record collection and transmission to DCJS to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 19: amends Section 9.46 of Mental Hygiene Law relating to reporting requirements by mental health professionals of persons under their care to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 20: Amends subdivision 22 of Section 265.00 of Penal Law to replace the definition of assault weapon in all counties (except Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester) with the assault weapon definition in effect prior to enactment of the SAFE Act.

Section 21: Amends subdivision 23 of Section 23 of Penal Law relating to the definition of large capacity ammunition feeding device to exclude ammunition feeding devices manufactured prior to September 30, 1994 from its definition.

Section 22: Amends Section 265.00 of Penal Law relating to the definition of "seller of ammunition" to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Sections 23 and 24: Amends Sections 265.01-b and 265.20 of Penal Law relating to the penalty for failing to register an assault weapon to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 25: Amends Section 265.36 of Penal Law relating to criminalizing the knowing possession of a large capacity ammunition feeding device manufactured prior to September 13, 1994, to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 26: Amends Section 265.37 of Penal Law relating to knowingly possessing certain ammunition feeding devices to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 27: Amends Section 265.45 of Penal Law relating to the storage a weapons in a household and making these weapons inaccessible to certain family members to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 28: Amends Section 400.00 of Penal Law relating to specified pistol permit eligibility provisions to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 29: Amends Section 400.00 of Penal Law relating to the five-year pistol permit recertification requirement to apply only within the counties of Suffolk, Nassau and Westchester.

Section 30: Amends Section 400.00 of Penal Law relating to assault weapon registration requirements and penalty for failure to register to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 31: Repeals Section 400.02 of the Penal Law - the Statewide License and Record Database.

Section 32: Amends section 400.03 of Penal Law relating to ammunition purchases which requires background checks, record keeping requirements and all sales to be made in person, to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 33: Amends Section 400.10 of Penal Law relating to gun dealer theft/loss reporting requirements to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester. Makes the failure to report such theft/loss punishable by a civil fine not to exceed $100 instead of a class A misdemeanor.

Section 34: Amends Section 2509 of the Surrogate's Court Procedure Act relating to filing requirements of all firearms, rifles or shotguns that are part of an estate to apply only within the counties of Suffolk, Nassau, Kings, Queens, Richmond, New York, Bronx and Westchester.

Section 35: Effective Date.

Justification

As the implementation of the NY SAFE Act has progressed, it has become clear that the law infringes on the rights of lawful gun owners. From a memorandum of understanding between the Senate and the Governor acknowledging the pistol permit database cannot be established, to a court case that struck down the seven-round load limit, the evidence is all around us that the law needs to be repealed.

As the recent minimum wage agreement pointed out, the diversity of New York State demands that laws are tailored to accommodate each region. There are some areas of the State, especially in our upstate rural areas, where it is not practical to keep firearms out of the hands of homeowners who would have to wait extended periods for law enforcement to arrive at their home for protection.

In an attempt to remedy this situation, this bill repeals provisions of the SAFE Act that would limit access to firearms in areas outside of New York City and Suffolk, Nassau, and Westchester Counties. While the ultimate goal should be a full repeal of the SAFE Act, this legislation recognizes that the SAFE Act is specifically harmful to the rural areas of our State.

Prior legislative history

New Bill.

Fiscal implications for state and local governments

EFFECTIVE DATE : This act shall take effect immediately.