Photos of the Law Gazette by Michaela Atiae
Payton Gendron, the teenage gunman who killed 10 people in the horrific shooting at Buffalo Tops Market on May 14, 2022, pleaded guilty to chargesincluding multiple counts of first-degree murder and hate-motivated domestic terrorism.
After the racially motivated shooting, Gov. Kathy Hochul signed a ten-bill package on June 6 to close “critical loopholes in gun laws” such as legislation S.9456/A.10503, which bans persons under the age of 21 from purchasing semi-automatic rifles without a license, and legislation S.9407-B/A. 10497, which prohibits the purchase of body armor except for individuals in certain occupations.
On July 1st, the state parliament and Hochul another set of gun control laws known as the Concealed Carry Improvement Act to address the US Supreme Court decision in the NYSRPA v. Bruen case.
Hochul called the court’s decision “reckless” for lifting centuries-old New York City restrictions on carrying concealed weapons.
This legislative package stipulated that private property owners and business owners must expressly permit an individual to possess a firearm, rifle or shotgun on their property. This change made “No Carry” the standard for private property and businesses, unless owners specifically declare otherwise with a public sign.
New York will also conduct its own firearms background checks and regularly screen license holders for criminal convictions. This includes data from state and local records and databases not currently used by the FBI’s National Instant Criminal Background Check System. The legislation also mandates background checks on ammunition sales and creates a statewide license and ammunition database.
Additionally, gun owners are now banned from leaving a gun in their car unless it is kept in a locker. In addition, state law previously required guns to be safely stored in a home if anyone under the age of 16 resided there, but the new law requires guns to be locked away in any home where anyone under the age of 18 resides.
Finally, the Concealed Carry Improvement Act amended state law to ban the type of hard body armor used by the suspect in the Buffalo shooting.
Now is New York Nationally ranked 3rd for strictest gun laws and 5th lowest rate of gun violence, behind California and Hawaii. Some of the laws that contribute to the strictness of New York’s gun laws are micro-stamping requirements, extreme risk protection orders known as red flag laws, minimum age for purchase of most firearms, ghost gun laws, and universal background checks.
On the six month anniversary of the Buffalo shooting, On November 14, Hochul said, “I would like to say that after the six months, I would say that a reflection is powerful. For one, we are stronger than before.
“This tragedy was something we had to deal with at the moment, but when you think about the six months we’ve just had it’s a true statement that our spirits weren’t broken. Our mood was actually uplifted.”
As part of her 2023 agenda, the governor recently hinted at new proposals to combat and curb the flow of illegal guns into the state “a very comprehensive plan” likely to be introduced during their 2023 State of the State proposals.
According to Spectrum News, during a recent visit to Gloversville, the governor said, “I will be returning to the next session of the Legislature with a whole approach looking at public safety and banning illegal guns. It’s about getting the illegal guns to stop their flow.”
Photo by Mike Groll, Office of the Governor
January 26, 2022 – East Greenbush, NY – Governor Kathy Hochul delivers a speech at the first meeting of the Interstate Task Force on Illegal Guns in East Greenbush.
Hochul is expected to reveal more of her gun control plan when she delivers her state of the state address in January 2023.
In the meantime, recent challenges Some of these new gun laws have been heard in the US District Court for the Northern District of New York.
According to U.S. District Judge Glenn Suddaby’s recent ruling on Nov. 7, the plaintiffs are making three claims against the defendants, including Governor Hochul, Acting State Police Superintendent Steven Nigrelli, and various sheriffs, police chiefs and prosecutors across New York state.
Plaintiffs argue that the Concealed Carry Improvement Act violates the Second Amendment, First Amendment and Fifth Amendment of the US Constitution as applied to the states by the Fourteenth Amendment.
The lawsuit challenges several aspects of the revised law, including its definition of “good morals,” the requirement that the applicant disclose a list of their “past and current social media accounts.” . . from the last three years to confirm the information on the applicant’s character and behavior, if necessary [above]’ and the requirement that the applicant list the names and contact information of family members and significant others.
Plaintiffs also disputed a requirement that the applicant list at least four “references of character” that can attest to the applicant’s “good moral character,” a face-to-face interview with the licensing officer; the minimum of 16 hours of personal firearms training and two hours of “live fire” firearms training, the legal definition of “sensitive locations” and the definition of “restricted locations”.
Suddabies Judgment of November 7th will make it possible to advance legal challenges through the courts.
“The plaintiffs have strongly demonstrated that they are likely to suffer irreparable harm if the injunction is not issued for the reasons stated in their application documents and Explanations,” Suddaby wrote in his verdict.
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