We've been tracking New York SB 7133 since its introduction earlier in the session, and today I'm adding it's Assembly counterpart, AB 8976.
Both pieces of legislation are sponsored by Democrats - the Assembly bill was introduced by Jo Anne Simon of Brooklyn - and relate risk protection orders, which have emerged as a progressive priority when it comes to gun laws. Connecticut, Indiana, Oregon, California, and Washington already have risk protection laws on their books, and they have stood up to multiple legal challenges.
From the New York Daily News:
A coalition of influential gun control advocates joined forces Wednesday to call for legislation that would make it easier to keep guns away from dangerous individuals.
The groups urged state lawmakers to adopt legislation that would allow judges to temporarily prohibit individuals considered likely to harm themselves or others from possessing or purchasing firearms.
“Plain and simple, this law would allow us to get help to those who need it and keep many New Yorkers from knowing the pain a trauma that comes with gun violence,” said Tricia Pleu of Moms Demand Action for Gun Sense in America, one of more than a half-dozen groups that called for passage of the law.
The legislation, like mirroring the laws in those other states, would allow a family member or law enforcement official to go before a judge and make the case that someone should temporarily lose their firearms and the ability to purchase more if they're a danger to themselves or others. The person would be able to argue on their behalf, and the order could only be extended by a judge for up to a year.
The bill has been a priority in the New York Assembly for years, even passing the body last year before dying in the (nominally) Republican-controlled Senate.
I will be grading action on this bill and am urging support. There are too many instances of shootings that occur after warning signs have been detected, but where no recourse is available to the people closest to the perpetrator, and who all too often end up their victims:
"Having my life threatened with a gun and being terrified that if I left and even after I did leave that my son and I would be killed," [domestic violence survivor Lisa ]Good said.
She says she sees the benefits in this legislation for people who encounter the same violence she once did - knowing that firearms are readily available to abusers who can use them for great harm.
"Even if I was disempowered as a victim, a family member or concerned friend could go and petition a court and say listen, there's some real harm here."