What's happening
This bill limits many New York State gun control laws and regulations to only the five boroughs of New York City, repealing statewide application.
Why it matters
Statewide Gun Control Rollbacks. By restricting most New York gun laws to just NYC’s five boroughs, this bill would lift or weaken restrictions on firearm licensing, registration, and possession for the rest of the state—potentially making it much easier to buy, own, and carry guns outside NYC.
Impact on Background Checks and Mental Health Reporting. Many background check requirements, mental health reporting mandates, and firearm surrender/revocation procedures—especially those tied to orders of protection or mental health adjudications—would no longer apply outside NYC, significantly reducing state oversight in these areas for upstate and Long Island residents.
Changes to Assault Weapon and Ammunition Regulations. Definitions of “assault weapons” and bans on high-capacity magazines would be limited to NYC, allowing sales and possession of previously restricted guns and magazines in most of the state, which could increase the availability and prevalence of such firearms.
Repeal of Statewide Firearm Databases and Seller Regulations. The bill repeals the requirement for a statewide gun license and record database and removes many regulations on ammunition sellers and dealers—again, except for the five boroughs—potentially making it harder for law enforcement outside NYC to trace guns and ammunition used in crimes.
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Who cares
Headline styles
Limit SAFE Act to NYC
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- 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.
Limit SAFE Act to NYC
In Assembly Committee · Codes · Sponsor Robert Smullen
Full text
25 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
266
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, the family court act, the domestic relations 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 limiting the application of certain provisions of law relating to firearms to the counties of Kings, Queens, Richmond, New York and Bronx; and to repeal section 400.02 of the penal law relating to the statewide license and record database
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2-a of section 330.20 of the criminal procedure law, as added by chapter 1 of the laws of 2013, is amended to read as follows:
2-a. Firearm, rifle or shotgun surrender order in certain counties. [Upon] In the counties of Kings, Queens, Richmond, New York and Bronx, 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 incapacitated 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 paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law.
§ 2. Section 380.96 of the criminal procedure law, as added by chapter 1 of the laws of 2013, is amended to read as follows: § 380.96 Obligation of sentencing court in certain counties pursuant to
article four hundred of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03000-01-9
S. 266 2
[Upon] In the counties of Kings, Queens, Richmond, New York and Bronx, 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.
§ 3. Subdivisions 1, 2 and 3 of section 842-a of the family court act, as amended by chapter 60 of the laws of 2018, are amended to read as follows:
1. [Suspension] Mandatory and permissive 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 in the counties of Kings, Queens, Richmond, New York and Bronx, 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 400.05 of the penal law,] of any or all firearms, rifles and shotguns 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 physical injury, as defined in subdivision 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 and, in the counties of Kings, Queens, Richmond, New York and Bronx, shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun 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, rifles and shotguns owned or possessed.
2. [Revocation] Mandatory and permissive 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 in the county of Kings, Queens, Richmond, New York or Bronx, pursuant to article four, five, six, seven or ten of this act:
S. 266 3
(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, rifles and shotguns 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 [nine] ten 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; and
(b) the court may and, in the counties of Kings, Queens, Richmond, New York and Bronx, shall, where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun 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, rifles and shotguns 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 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, rifles and shotguns owned or possessed.
3. [Revocation] Mandatory and permissive 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, in the county of Kings, Queens, Richmond, New York or Bronx, 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 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, rifles and shotguns owned or possessed where the willful failure to obey such order involves (i) the infliction of serious physical injury, as defined in subdivision [nine] ten 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
S. 266 4
(b) the court may and, in the counties of Kings, Queens, Richmond, New York and Bronx, shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun 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, rifles and shotguns 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, rifles and shotguns owned or possessed.
§ 4. Section 846-a of the family court act, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
§ 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, in the county of Kings, Queens, Richmond, New York or Bronx, temporary order of protection issued [pursuant to this act or issued] by a court of competent jurisdiction of another state, territorial or tribal jurisdiction 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, in the county of Kings, Queens, Richmond, New York or Bronx, temporary order of protection to add reasonable conditions of behavior to the existing order, 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 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 respondent 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 endangerment, 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 subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision 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 [nine] ten 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
S. 266 5
respondent shall be mandatory, pursuant to subdivision eleven of section 400.00 of the penal law.
§ 5. Section 446-a of the family court act, as added by chapter 1 of the laws of 2013, is amended to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, the family court act, the domestic relations 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 limiting the application of certain provisions of law relating to firearms to the counties of Kings, Queens, Richmond, New York and Bronx; and to repeal section 400.02 of the penal law relating to the statewide license and record database
Purpose or general idea of bill
This bill seeks to reestablish the rights of law abiding citizens' in rural and suburban areas of the state by limiting the application of the SAFE Act to Kings, Queens, Richmond, New York, and the Bronx
Summary of specific provisions
Sections 1: Amends subdivision 2-a of Section 330.20 of Criminal Proce- dure Law relating to firearm, rifle and shotgun surrender orders to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
Read the full memo (1,195 words)
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 coun- ties of Kings, Queens, Richmond, New York, and the Bronx.
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 Kings, Queens, Richmond, New York, and the Bronx.
Section 11: amends Domestic Relations Law regarding firearm suspension, revocation and surrender to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
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 Kings, Queens, Richmond, New York, and the Bronx.
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, Kings, Queens, Richmond, New York, and the Bronx.
Section 17: Amends Judiciary Law relating to transmission of records to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
Section 18: Amends Mental Hygiene Law relating to certain record collection and transmission to DCJS to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
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 Kings, Queens, Richmond, New York, and the Bronx.
Section 20: Amends subdivision 22 of Section 265.00 of Penal Law to replace the definition of assault weapon in all counties (except Kings, Queens, Richmond, New York, and the Bronx ) 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 defi- nition of "seller of ammunition" to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
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 Kings, Queens, Richmond, New York, and the Bronx.
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 coun- ties of Kings, Queens, Richmond, New York, and the Bronx.
Section 26: Amends Section 265.37 of Penal Law relating to knowingly possessing certain ammunition feeding 'devices to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
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 Kings, Queens, Rich- mond, New York, and the Bronx.
Section 28: Amends Section 400.00 of Penal Law relating to specified pistol permit eligibility provisions to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
Section 29: Amends Section 400.00 of Penal Law relating to the five-year pistol permit recertification requirement to apply only within the coun- ties of Kings, Queens, Richmond, New York, and the Bronx.
Section 30: Amends Section 400.00 of Penal Law relating to assault weap- on registration requirements and penalty for failure to register to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx.
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 Kings, Queens, Richmond, New York, and the Bronx.
Section 33: Amends Section 400.10 of Penal Law relating to gun dealer theft/loss reporting requirements to apply only within the counties of Kings, Queens, Richmond, New York, and the Bronx. 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 counties of Kings, Queens, Richmond, New York, and the Bronx.
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 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 and suburban, 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. While the ultimate goal should be a full repeal of the SAFE Act, this legislation recognizes that the SAFE Act is specifically harm- ful to the rural and suburban areas of our State.
Prior legislative history
S. 879C Referred to Codes Committee S. 7897/A. 10354 Referred to Codes Committee
Fiscal implications for state and local governments
Positive to the State
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.