Bad gun bills have a tendency to migrate from one blue state to another, infecting the body politic with infringements on fundamental rights whenever and wherever gun control advocates gain the upper hand in legislatures. California is both a prime incubator and exporter of anti-2A legislation, and this year several laws previously adopted in Sacramento have made their way to Albany, New York, where they're being pushed by Democratic lawmakers.
At least nine gun control bills have been introduced in the Empire State in recent weeks, and many of them will be familiar to gun owners on the west coast.
The legislation, which all sit in committee as of press time, would impact residents who wish to lawfully purchase firearms, as well as 3D printers and exercise their 2nd Amendment rights.
The first, S418, would prohibit the purchase of more than one firearm during any 30 day period.
Similar laws have been proposed or passed in multiple states, most notably California, however significant legal hurdles have derailed such efforts with district courts blocking such bans.
Another bill, A2228, would require background checks be performed to purchase a 3D printer. State lawmakers say the measure would cut down on the prevalence of "ghost guns" or untraceable firearms that do not have a serial number.
A third bill, S2158, would establish a database of information related to the sale or use of micro-stamped guns. A micro-stamp is a unique code on the face of a firing pin that leaves a unique imprint on a primer when struck, allegedly allowing for easier tracing in the event of a crime.
Critics say such technology is inconsistent at best and can be defeated with the use of a hand tool in a matter of minutes, rendering the stamp indecipherable.
California's "1-in-30" law and microstamping mandate have both been placed on ice by the federal courts, but that's not stopping the anti-gunners from moving forward on these measures in New York. They know that if these bills become law it will take some time to mount a court challenge, and they might even be lucky enough to have the litigation assigned to a judge who'll rubber-stamp the gun rationing law and microstamping mandate even though they both fall far outside the national tradition of gun ownership in the United States... and in the case of microstamping, is completely unfeasible and unworkable.
In addition to the infringements listed above, North Country Now reporter Jeff Chudzinksi recently highlighted several other awful pieces of legislation introduced in Albany, including one from a Manhattan Democrat that would empower the state's Division of Criminal Justice Services to come up with requirements (and perhaps incentives) on the sale of so-called "smart guns", which are designated as "personalized handguns" in the legislation.
"Personalized handguns" would incorporate programmed grips and triggers that would recognize the unique print of the owner and would only be able to fire when operated by the registered user.
Such technology is not in wide use and has also faced significant hurdles in development, leading critics to say the measure intends to keep firearms out of the hands of lawful gun owners due to the increased expense related to such technology.
Senate bill S1358 would require all pistols be equipped with a permanent "child proofing device."
"Design features could include the capacity to adjust the trigger resistance of the gun to at least a ten-pound pull, the capacity to alter the firing mechanism so that an average five-year-old child's hand would be too small to operate the gun, or the capacity to require a series of multiple motions in order to fire the gun," the bill states.
A violation of the law would be a class A misdemeanor for a first offense.
Assembly bill A346 would ban individuals under the age of 21 from purchasing firearms, however such bans have largely been ruled unconstitutional by district and appellate courts, including in Louisiana, Texas and Pennsylvania.
The ninth bill, A2060, would require any firearm manufactured by a 3D printer to contain a unique identifying number and to be registered with State Police.
Kudos to Chudzinksi for informing his readers that courts around the country have already found fault with several of the bills under consideration in New York this session. I'm sure the sponsors would prefer voters remain blissfully ignorant to the ongoing court challenges taking on gun rationing, under-21 gun bans, and the like, but New Yorkers should know just how egregious these anti-2A actions are.
Of course, New York's post-Bruen gun laws have also faced court scrutiny, and that hasn't stopped the anti-gunners in Albany, so I guess it shouldn't come as a surprise that Democrats are still moving forward on restrictions that have already been ruled unconstitutional in other jurisdictions.
Even if we were to ignore the basic constitutional concerns, there are some fundamental problems with what's being proposed in New York. New York can't use the federal NICS system to run background checks on 3D printer purchasers, so the state would likely have to use the same database it set up to conduct background checks on ammunition sales; a system that's led to widespread delays and false denials, prompting many gun owners to travel out of state to stock up on ammunition. There's nothing stopping New Yorkers from picking up a 3D printer in Pennsylvania or other neighboring states without going through the hassle of a background check, so the only real impact the legislation would have is inconveniencing consumers.
SB 1358, meanwhile, could render new handguns useless for those with physical disabilities, and is sure to spark a legal challenge if enacted into law. New York already requires gun owners to keep their firearms locked with a trigger lock or kept in a "safe storage depository", which is defined as a "container that is incapable of being unlocked without a key or combination lock", when they're not actively being carried or "under the immediate possession or control of the owner," but if SB 1358 becomes law the state will be getting intimately involved in the design and manufacture of firearms under the guise of child safety.
These bills won't do a thing to stop violent criminals from illegally acquiring or using a gun, but they will make exercising our Second Amendment rights even more untenable for hundreds of thousands of New Yorkers. It remains to be seen which of these bills will be among the top priorities of Democrats in Albany, so right now the best bet is to treat each of these bills as a legitimate threat. Gun owners need to be in contact with their Assembly members and state senators and urge them to reject these unconstitutional infringements, even if those lawmakers don't want to listen.
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