Alongside gunshot survivor, gun control activist, and former Democratic U.S. Rep. Gabby Giffords, New York government officials, and other gun safety advocates, New York Gov. Kathy Hochul signed into State law a new package of six bills on Wednesday, Oct. 9, which elected officials say will strengthen New York’s gun laws, by taking action against dangerous “pistol convertors,” by requiring gun sellers to post tobacco-style safety warnings on their products, and by providing other new tools and resources to help protect more New Yorkers from gun violence.
At the same time, Hochul announced that since she took office in August 2021 gun violence in New York State has declined 47 percent. “Gun violence is an epidemic that is tearing our country apart,” the governor said in part. “Thoughts and prayers won’t fix this, but taking strong action will. That’s why in New York, we’re taking bold steps to protect the people of our State.”
Among the attendees present for the signing of the bills was Bronx District Attorney Darcel Clark who, as reported, led a national Gun Violence Summit with prosecutors from all over the country at Fordham University in The Bronx earlier this year. “These laws will go a long way to protect New Yorkers from gun violence,” she said in part.
Giffords, who served as congresswoman for Arizona’s 8th congressional district from January 2007 until January 2012, when she resigned due to a severe brain injury suffered during an assassination attempt, said in part, “New Yorkers deserve to live free from the fear of gun violence. New York continues to lead the nation with some of the strongest gun laws in the country.”
State officals said shooting incidents with injury in New York City and communities served by the 28 police departments participating in the State’s Gun Involved Violence Elimination (GIVE) initiative have declined 47 percent during Hochul’s administration, and the most recent data reported by GIVE agencies show gun violence has declined to pre-pandemic levels.
Hochul described New York’s gun laws as nation-leading, and gave an update on New York’s progress in getting illegal guns off the streets and keeping firearms away from those who pose a danger to themselves and others. She highlighted that law enforcement agencies statewide have seized over 7,700 illegal guns so far this year, including 569 ghost guns. As previously reported, ghost guns are guns, the component parts of which are bought online and assembled at home.
Additionally, the governor said courts across New York had utilized the State’s Red Flag law to issue over 22,000 extreme risk protection orders (ERPOs) to date. She said 92 percent of these were after she partnered with the legislature to strengthen the State’s Red Flag law and following the racially motivated murders at the Tops supermarket shooting TOPS supermarket shooting in Hochul’s native Buffalo on May 14, 2022.
The new package of legislation includes several provisions. State legislation S6649/A2882 requires firearms dealers and gunsmiths to post warnings at sites where firearms are sold and distribute warnings at the time of sale, including that firearms increase the risk of suicide, death during domestic disputes, and/or unintentional death to children.
Reacting to the bill’s signing, Assembly Member Jeffrey Dinowitz (A.D. 81), a bill sponsor who represents the northwest Bronx, said in part, that it was a significant step forward in efforts to protect families and communities. “This law ensures that firearms dealers must clearly warn purchasers of the dangers that weapons pose in the home, particularly the increased risk of suicide, domestic violence, and accidental deaths, especially among children.”
State officials said State legislation S7365B/A10053A adds the definition of “pistol converter” to Penal Law Section 265.00, which details definitions relating to firearms. A pistol converter is defined as a device that can be attached to the slide of a semi-automatic pistol and interfere with the trigger mechanism, allowing the user to discharge a number of shots rapidly or automatically with one continuous pull of the trigger.
They said the legislation also amends General Business Law to require the gun industry to take “reasonable steps” to prevent the installation and use of pistol converters on their products.
State Sen. Brad Hoylman-Sigal (S.D. 47), who represents parts of Manhattan, said, “It’s outrageous that for as little as fifty bucks you can buy a device that transforms a regular pistol into a machine gun capable of firing 15 rounds in under two seconds. Gun makers like Glock know these devices, called auto-sears or “Glock switches”, are widely available, but they’ve chosen to do nothing about it, putting profits before the public’s safety.”
He added that bill S.7365B will require Glock and all gun manufacturers to take reasonable steps to ensure their products aren’t compatible with machine gun conversion devices or else face the consequences of legal liability.
Norwood News recently reported that the family of the late Angellyh Yambo, who died following a fatal shooting in the South Bronx near her school, in which she was an unintended target on April 8, 2022, sued, along with other gun control advocates, gun manufacturer, Polymer80, for Angellyh’s wrongful death. Polymer80 was the gun manufacturer that made the gun that killed Angellyh. As of Nov. 13, the case was still pending in the courts, and the Angellyh Yambo Foundation clarified that its lawsuit is not part of a separate lawsuit filed by the group, Everytown Law.
As reported, U.S. Congressman Ritchie Torres (NY-15) who represents a large section of The Bronx stretching from the northwest to the south, introduced the Angellyh Yambo Gun Free Zone Expansion Act of 2023 in July 2023. It is still being discussed at committee level, and is not yet law.
Meanwhile, State officials said State legislation S3340/A5873 requires the court to notify the statewide registry of orders of protection and warrants when a temporary and/or final extreme risk protection order (ERPO) is issued, ensuring that ERPOs are tracked in the statewide registry of orders of protection and warrants.
Additionally, State legislation A7717B/S8589A allows police agencies, instead of individual police officers, to be listed as the petitioner in an ERPO proceeding.
State officials said State legislation S8479A/A9862A requires credit and debit card issuers to use the firearms and ammunition retailers merchant category code (MCC).
They said the code, created by the International Organization for Standardization in 2022, is for businesses whose highest sales value is from the combined sale of firearms, firearms accessories, or ammunition, and it empowers the State Attorney General to bring an enforcement action for any violation that is not remedied within 30 days. This can result in fines of up to $10,000 for noncompliance. New York becomes the third state, joining California and Colorado, to enact this requirement.
State officials said State legislation S9760/A10356A requires a firearms licensing officer, upon the issuance of a license, to provide information about statewide resources related to safe storage of firearms, child access prevention, and firearm violence prevention, as well as information on specific county and local laws and regulations related to child access prevention and safe storage of firearms.
The legislation also requires the State to develop and implement a public awareness campaign regarding safe storage and child access prevention, requires those materials to be provided in digital format and available online, and mandates they be updated annually.
Assemblymember Michael Benedetto (A.D. 82), who respresents the East Bronx, said in part, “It’s imperative that upon issuance of a firearms license, the new gun owner is informed about the proper storage of a firearm.”
On June 6, 2022, as reported, after a series of mass shootings, including in Buffalo, NY, another at a flea-market in Houston, TX, another the same day at a Taiwanese church in California, and another shortly afterwards at an elementary school in Uvalde, TX, New York State passed a 10-bill package closing critical gun law loopholes exposed in the Buffalo and Uvalde mass shootings.
State legislation S.9458/A.10503 bars the purchase of semi-automatic rifles by anyone under 21 by requiring a license. State legislation S.9407-B/A.10497 prohibits the purchase of body armor with the exception of those in specified professions. State legislation S.9113-A./A.10502 expands the list of people who can file Extreme Risk Protection Orders (ERPOs) and requires law enforcement to file ERPOs under a specified set of circumstances.
The package also strengthens crime reporting; closing “other gun” loopholes; requires the microstamping of new semi-automatic pistols; eliminates grandfathering of high-capacity feeding devices; and requires social media companies to improve the response to and reporting of hateful content.
Two days later, on June 8, 2022, federal legislators in the House of Representatives voted 223 to 204 in what has been regarded by some as an unprecedented bipartisan bill, the “Protecting our Kids Act,” which, among other measures, if passed in the U.S. Senate, will also raise the age to buy semi-automatic rifles from 18 to 21, and will restrict the sale of large-capacity ammunition magazines. It remains pending in the U.S. Senate. Norwood News has contacted Sen. Gillibrand’s office for more information on its status.
It came after Uvalde and Buffalo families testified at the U.S. Capitol and a day after an emotional address by actor and Uvalde native, Matthew McConaughey, in the White House press briefing room.
On Sept. 26, this year, U.S. President Joe Biden wrote on X, “Today, I’ll sign an Executive Order to crack down on emerging firearm threats like unserialized, 3D-printed guns and machine gun conversion devices. It’ll also direct my Cabinet to help improve school-based active shooter drills. It’s our job to do better.”
Meanwhile, U.S. Senator Kirsten Gillibrand said, in part, “At the federal level, I wrote the anti-gun trafficking statute included in the Bipartisan Safer Communities Act, and I am proud to see that this legislation is already making New York streets safer, taking more than 3000 illegal guns off the street and leading to charges against more than 400 defendants.”
October marks Domestic Violence Awareness Month. In 2021, Hochul marked the month by announcing funding of $6.5 million to help combat what has been described as epidemic in The Bronx.
The Office of the Bronx District Attorney’s 7th Annual 5K Run/Walk/Roll to End Domestic Violence takes place on Saturday, Oct. 26. The Bronx DA’s domestic violence unit can be reached on (718) 838 6688. Call 911 if you are in immedate danger.
Click here, here, here, and here for some related coverage on the issue of domestic violence.
Editor’s Note: A previous version of the story incorrectly reported that the family of the late Angellyh Yambo had won their lawsuit against gun manufacturer, Polymer80. In fact, the case is still pending.
Separately, as reported, Everytown gun violence awareness advocates announced on Aug. 30 that Polymer80 had shut down. The group said the announcement followed multiple lawsuits brought against Polymer80 by Everytown Law, adding that Polymer80’s non-serialized, untraceable ghost guns, bought and built without background checks, have been fueling the gun violence crisis for years. On Nov. 13, the Angelly Yambo Foundation reported that Polymer has started up again.