Governor Cuomo Unveils Proposal to Remove Firearms from Domestic Abusers

Governor Cuomo Unveils Proposal
to Remove Firearms from Domestic Abusers
12/13/17 07:00pm

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Press Release from Governor Andrew M. Cuomo:

Governor Cuomo Unveils First Proposal of 2018 State of the State:

Remove Firearms from Domestic Abusers

New York to Require Mandatory Surrender of Firearms After All Domestic

Violence Convictions, Including Misdemeanors

Domestic Violence and Threats Against Women Linked to Nine of the Ten

Deadliest Mass Shootings in U.S. History

When an Abusive Partner is Permitted to Access Firearms, the Risk that the

Other Partner Will Be Killed Increases Fivefold

Reaffirms New York's Commitment to Implement Strongest Gun Control Laws

in the Nation

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Governor Andrew M. 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.

or 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.