State Senate passes gun bill, Assembly waits

State Senate passes gun bill, Assembly waits

Skip Dickstein / Times Union

Gov. Andrew Cuomo, legislative leaders reach an agreement to tighten gun laws.

ALBANY â€" Gov. Cuomo and lawmakers reached a deal Monday to strengthen the state’s gun laws, leaving New York poised to become the first state to take legislative action following the Connecticut school slaughter.

The Senate passed the measure, 43-18, shortly after 11 p.m. Monday â€" exactly one month after the killings in Newtown. The Assembly was expected to wait until Tuesday to hold its vote, and give the Empire State arguably the nation’s toughest gun laws.

The legislative package would expand the state’s existing ban on assault weapons, limit the size of ammunition magazines, close a series of loopholes, and create safeguards to make it more difficult for the mentally ill to own firearms.

It would also impose tougher criminal penalties for gun crimes, including a mandatory sentence of life without parole for murdering an on-duty emergency responder.

The bill was backed by a hard-charging Cuomo, a potential 2016 presidential candidate who was positioned  to reap political reward if the measure passes, as expected.

“This is a proposal that seeks to limit gun violence,” Cuomo told reporters at a news conference announcing the agreement. “It has nothing to do with . . . legal gun owners who use their guns appropriately.

“Much of this is common sense,” he added. “Unfortunately, common sense has eluded us for many years.”

Opponents, including workers from upstate gunmaker Remington, decried the deal as a “knee-jerk reaction” that will infringe upon the Second Amendment’s right to bear arms and cost hundreds of jobs. But many said the Connecticut massacre of 20 students and six staffers galvanized public opinion.

The key provision is an expansion of the assault rifle ban. Owners of military-style weapons that will be made illegal can keep them if they register with the state and undergo a background check.

They can only sell them legally outside of the state. Ammunition clips will be limited to a maximum of seven bullets, down from 10 now; ammo dealers will be required to register with law enforcement; and bullet purchases will be tracked in real time.

Private gun sales will be subject to federal background checks, and handgun and assault rifle owners will be required to recertify their permits every five years. Permit holders can seek to keep their names from being publicly disclosed.

Senate Republicans, feeling pressure from the gun lobby, pushed to broaden the bill by including tougher criminal penalties; school safety improvements; and an expansion of Kendra’s Law, which allows judges to order treatment for disturbed individuals.