State Legislature passes extensive gun control measures

ALBANY — The State Legislature on Thursday gave final legislative approval to the biggest series of gun-control measures in nine years as part of a long, final day of the 2022 legislative session.

The Democratic majorities of the Senate and Assembly agreed this week with Gov. Kathy Hochul on the package of gun-control measures. The effort gained urgency after the mass shootings in Buffalo on May 14 and in Uvalde, Texas, 10 days later.

The gun debate was one of the most partisan and contentious in the legislature in years.

“Take the politics out, because it’s killing our kids," said Sen. John Brooks (D-Massapequa). "We are a hell of a lot smarter if we work together. We can solve this problem.”

The measures include:

• A requirement that a person seeking to buy a semi-automatic rifle will have to secure a permit and be at least 21 years old. The bill sponsored by Sen. Kevin Thomas (D-Levittown) also will require a background check and completion of a safety course.
• Bolstering the Red Flag Law to include more people who can initiate an Extreme Risk Protection Order to seize firearms from individuals determined by a judge to be a danger to themselves or others. Under the measure, health care professionals who have examined the subject within six months will join family members, school officials and law enforcement personnel as those who can seek an order.
• Banning the sale of body armor and “bulletproof vests” to anyone outside law enforcement or specific public service fields that have yet to be determined.
• Ending the grandfathering of “large-capacity ammunition feeding devices” on semi-automatic rifles, which have been allowed if they were possessed before the 2013 SAFE Act was adopted or if they were manufactured before 1994.
• New crimes of making a threat of “mass harm” and “aggravated making a threat of mass harm” to allow swift action based on threats before a shooting.
• Requiring social media networks to provide plans on how they will deal with “hateful conduct” online. A task force will investigate the role of social media in violent extremism and domestic terrorism.

Sen. Todd Kaminsky (D-Long Beach) said Thursday that the Buffalo and Uvalde massacres refocused the legislature. He said he began work on his bill to create the crimes regarding threats of “mass harm” years ago. Kaminsky said a district attorney told him he couldn’t pursue a case against a man even though he confronted his boss and threatened to “Columbine the place” because the threat wasn’t “imminent.”

Kaminsky said the whole package is prompted in part by inaction in Washington to enact national background checks and other laws.

“We can’t fill the role Washington has to play, but it doesn’t mean we can’t take action,” said Kaminsky, a former federal prosecutor.

The measures are expected to be prominent issues in the legislative elections this year.

The Democrats’ “latest criminal-coddling policy will make New York less safe,” said Senate Republican leader Rob Ortt of North Tonawanda. "Will it stop the scourge of gun violence? No, it won't."

The Assembly also gave final legislative approval to the John R. Lewis Voting Rights Act of New York. It codifies voting rights under the 1965 Civil Rights Act, some provisions of which have recently been struck down by courts. The measure updates New York laws to prohibit any local laws or practices that suppress or dilute voting, particularly of racial and ethnic minorities. The state could act against any locality that violates the laws.

On Long Island issues, the legislature did not approve $450 million in borrowing to give Belmont Park a major renovation, sending the New York Racing Association back to planning for how to pay for a new grandstand and other major improvements.

But the legislature agreed to authorize Suffolk County Off-Track Betting Corp. to double the number of its video lottery terminals to 2,000, which supporters say will greatly expand revenue for OTB, the racing industry and government.

The legislature also agreed to extend mayoral control of New York City schools for just two years, rather than the four years that had been common in the past. Several Democrats said they want to see how Mayor Eric Adams handles the responsibility before extending the control.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.