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S2361Senate2019-2020 SessionSame asA6263

Ban Guns for Hate Crimes

Official title

“Categorizes hate crimes as serious offenses in relation to possession of firearms; repealer”

Sponsor Brian KavanaghSD-26+4 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill classifies hate crimes as serious offenses, restricting firearm possession by individuals convicted of such crimes in New York.

Why it matters

  1. Expands the definition of “serious offense”. under New York law to explicitly include hate crimes, which means people convicted of hate crimes would face the same firearm restrictions as those convicted of other serious offenses.

  2. Directly addresses the link between hate crimes and gun violence. , citing data showing thousands of hate crimes involving guns, and aims to reduce the risk that individuals motivated by bias can use firearms to intimidate or harm targeted groups.

  3. Seeks to close a gap in current law. that previously did not automatically restrict firearm access for those convicted of hate crimes, thereby enhancing protections for communities historically targeted by hate-based violence.

  4. Signals a policy shift emphasizing the broader community impact of hate crimes. , recognizing them not just as individual offenses but as acts that can intimidate and destabilize entire communities, and thus requiring stronger preventive measures.

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Headline styles

Ban Guns for Hate Crimes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.280
  5. Print number 2361a
  6. Amend and recommit to codes
  7. Referred to codes
  8. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6263Assembly

Bar Guns for Hate Crimes

In Assembly Committee · Codes · Sponsor Latrice Walker

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2361--A

2019-2020 Regular Sessions

IN SENATE

January 24, 2019

Introduced by Sens. KAVANAGH, CARLUCCI, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -recommitted to the Committee on Codes in accordance with Senate Rule

6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to categorizing hate crimes as serious offenses in relation to possession of firearms and to repeal certain provisions of such law relating thereto

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings. (a) As the New York state legislature found in enacting the Hate Crimes Act of 2000, "The intolerable truth is that in these crimes, commonly and justly referred to as 'hate crimes', victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes."

(b) The pernicious harm of hate crimes on targeted individuals and communities is compounded by the use of firearms to threaten and harm the victims. According to one recent analysis, between 2010 and 2015, there were roughly 46,500 hate crimes committed in the United States that involved a gun. The threat of a gun from dangerous extremists sends a clear message that they not only harbor feelings of bias or hate against a particular group, but also that they are willing to kill in

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02177-03-0

S. 2361--A 2

service of this ideology. Keeping guns out of the hands of individuals who perpetrate hate crimes is therefore a crucial measure to help ensure the safety of groups that have historically been targeted. Current state law does not adequately ensure that individuals who have been convicted of hate crimes do not have easy access to guns.

§ 2. Paragraph (b) of subdivision 17 of section 265.00 of the penal law, as amended by section 3 of chapter 232 of the laws of 2010, is REPEALED.

§ 3. Paragraph (b) of subdivision 17 of section 265.00 of the penal law, as amended by section 2 of chapter 232 of the laws of 2010, is amended to read as follows:

(b) any of the following offenses defined in the penal law: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; the offenses defined in article two hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the fourth degree; stalking in the third degree; the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty; a hate crime as defined in article four hundred eighty-five.

§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to categorizing hate crimes as serious offenses in relation to possession of firearms and to repeal certain provisions of such law relating thereto

Purpose

To prohibit those convicted of hate crimes from possessing firearms.

Summary of provisions

Amends section 265.00 of the penal law by adding hate crimes to the list of "serious offenses" that can prohibit someone from possessing firearms.

Justification

New York has seen an alarming rise in hate crimes since the candidacy of President Trump. In March 2017, Governor Cuomo and Mayor de Blasio stat- ed that the number of hate crimes reported in New York City since the beginning of 2017 was more than double the number of reported incidents over the same period the previous year. Across the state, rates have also increased, with the number of incidents in areas outside of New York City reported in November and December of 2016 doubled when compared to 2015.

Hate crime convictions indicate the perpetrator has targeted a victim or community because of the offender's bias(es) against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. Such a history of targeted violence or intimidation suggests they could pose broader dangers to those communities and others. According to the Center for American Progress, states such as Minnesota, Oregon, and New Jersey already bar individuals convicted of misdemeanor hate crimes from buying and possessing guns. Allowing those who commit and are convicted of hate crimes to possess guns only gives them a fatal tool to spread their hate.

Legislative history

2018: S7072/A7547 - REFERRED TO CODES/ referred to codes

2017: A7547 - referred to codes

Fiscal impact on the state

None

Effective date

Shall take effect on the first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.