Governor Andrew Cuomo today unveiled the first proposal of the 2018
State of the State: remove all firearms from those who commit domestic
violence crimes. Given the inextricable link between domestic violence
and lethal gun violence, this legislation will require all domestic
violence crime convictions, including misdemeanors, to result in the
immediate removal of all fire arms and will add measures to keep
firearms out of the hands of those who commit domestic violence with the
goal of preventing additional tragedies.
"This year will be
remembered as the year of reckoning, when both the tragedy of mass
shootings and cultural and institutional harassment of women became
impossible to ignore," Governor Cuomo said. "Building on the Women's
Equality Agenda, we are continuing our mission for progressive values
and women's rights with this legislation to target the unquestionable
relationship between domestic violence and gun violence."
Under
Governor Cuomo, New York has passed the strongest gun control laws in
the nation. However, New York does not have sufficient laws in place
that automatically mandate removing all types of firearms from
individuals involved in domestic violence—an issue we know is closely
tied to gun violence and gun violence deaths. In nine of the 10
deadliest mass shootings in United States history, including Las Vegas
and Sutherland Springs, the shooter had an existing record of committing
violence against women, threatening violence against women, or
harassing or disparaging women. In addition, when an abusive partner is
permitted to access firearms, the risk that the other partner will be
killed increases fivefold. In 2016, firearms were used in 25 domestic
homicides in New York.
This proposal builds on legislation
previously advanced by Assemblymember Amy Paulin, Senator Diane Savino
and other members of the legislature.
All Domestic Violence Convictions Result in the Loss of Firearms
New
York law prohibits the possession of firearms for individuals convicted
of felony or "serious" offenses. However, this excludes certain
misdemeanor offenses involving domestic violence, such as assault and
battery crimes or strangulation. To ensure that all domestic violence
offenders are held to the same standard, Governor Cuomo will advance
legislation to include all domestic violence misdemeanors on the list of
prohibited offenses.
Rifles and Shotguns Are Also Required to be Surrendered to Law Enforcement
Currently,
New York State requires surrender of hand guns for either (1) an order
of protection issued by a judge or (2) a firearm license
suspension/revocation due to a felony or "serious" offense conviction or
a mental health disqualification by a health professional. However,
this surrender does not always apply to long guns, such as rifles and
shotguns. To correct this loophole, Governor Cuomo will be proposing
legislation to apply the same surrender procedures to long guns.
For an Order of Protection, Judges Must Order a Defendant to Surrender Any Type of Firearm
Currently,
judges issue orders of protection in domestic violence cases after an
individual is arrested, but before they are convicted. These orders
result in the suspension of firearm licenses. However, these orders are
issued at the judges' discretion and may not be occur in every domestic
violence case. To ensure consistency, the State proposes legislation
requiring that all judges mandate the surrender of all firearms - hand
guns and long guns - and suspend any firearm license until the case is
resolved.
Source: Press Office, Governor Andrew M. Cuomo
