CBS/AP/ January 15, 2013, 1:36 AM

N.Y. state about to get first post-Newtown gun law

New York Gov. Andrew Cuomo arriving at news conference where he announced agreement with legislative leaders on new, tough gun control law in wake of Newtown, Conn. school shooting Jan. 14, 2013

New York Gov. Andrew Cuomo arriving at news conference where he announced agreement with legislative leaders on new, tough gun control law in wake of Newtown, Conn. school shooting Jan. 14, 2013 / AP

ALBANY, N.Y. Days after calling for an overhaul of gun control in New York following the Connecticut school shooting, Gov. Andrew Cuomo worked out a tough proposal on gun control with legislative leaders who promised to pass the most restrictive gun law in the nation.

The measure was approved by the Senate Monday night, 43-18, on the strength of support from Democrats, many of whom previously sponsored the bills that were once blocked by Republicans.

The Democrat-led Assembly gaveled out before midnight and planned to take the issue up at 10 a.m. Tuesday. It is expected to pass easily.

It would be the first state-level gun control legislation in the nation since the Newtown massacre," reports CBS New York station WCBS-TV.

"This is a scourge on society," Cuomo said Monday night, one month after the Newtown, Conn., shooting that took the lives of 20 first graders and six educators. "At what point do you say, 'No more innocent loss of life."'

"It is well-balanced, it protects the Second Amendment," said Senate Republican leader Dean Skelos of Long Island. "And there is no confiscation of weapons, which was at one time being considered.

"This is going to go after those who are bringing illegal guns into the state, who are slaughtering people in New York City," Skelos said. "This is going to put people in jail and keep people in jail who shouldn't be out on the street in the first place."

"This will be the toughest gun control package in the nation," said Sen. Jeffrey Klein, leader of the Independent Democrat Conference that shares majority control with Republican senators. "All in all, it is a comprehensive, balanced approach that will save lives," Klein said in an interview.

Cuomo said he wanted quick action to avoid a run on assault rifles and ammunition as he tries to address what he estimates is about 1 million assault rifles in New York state. He made it a centerpiece of his progressive agenda in last week's State of the State address.

Republican Sen. Greg Ball called that political opportunism in a rare criticism of the popular and powerful governor seen by his supporters as a possible candidate for president in 2016.

"We haven't saved any lives tonight, except one: the political life of a governor who wants to be president," said Ball who represents part of the Hudson Valley. "We have taken an entire category of firearms that are currently legal that are in the homes of law-abiding, tax paying citizens. ... We are now turning those law-abiding citizens into criminals."

The governor confirmed the proposal, previously worked out in closed session, called for a tougher assault weapons ban and restrictions on ammunition and the sale of guns, as well as a mandatory police registry of assault weapons, grandfathering in assault weapons already in private hands.

It would create a more powerful tool to require the reporting of mentally ill people who say they intend to use a gun illegally and would address the unsafe storage of guns, the governor confirmed.

The bill is designed "to basically eradicate assault weapons from our streets in New York as quickly as possible is something the people of this state want and it's an important thing to do. It is an emergency," Assembly Speaker Sheldon Silver told WCBS-TV. "We are going to ban assault weapons. We are going to eliminate all of the loopholes that existed previously."

Under current state law, assault weapons are defined by having two "military rifle" features spelled out in the law. The proposal would reduce that to one feature and include the popular pistol grip.

Private sales of assault weapons to someone other than an immediate family member would be subject to a background check through a dealer. Also, Internet sales of assault weapons would be banned, and failing to safely store a weapon could be subject to a misdemeanor charge.

Ammunition magazines would be restricted to seven bullets, from the current 10, and current owners of higher-capacity magazines would have a year to sell them out of state. An owner caught at home with eight or more bullets in a magazine could face a misdemeanor charge.

In another provision, a therapist who believes a mental health patient made a credible threat to use a gun illegally would be required to report the incident to a mental health director who would have to report serious threats to the state Department of Criminal Justice Services. A patient's gun could be taken from him or her.

The legislation also increases sentences for gun crimes, including the shooting of a first responder that Cuomo called the "Webster provision." Last month in the western New York town of Webster, two firefighters were killed after responding to a fire set by the shooter, who eventually killed himself.

Legislators wouldn't comment on the tentative deal or the provisions discussed in closed-door conferences.

"It's a tough vote," said Senate Deputy Majority Leader Thomas Libous, of Broome County. "This is a very difficult issue, depending on where you live in the state. I have had thousands of emails and calls ... and I have to respect their wishes." He said many of constituents worry the bill will conflict with the Second Amendment's right to bear arms while others anguish over shootings like at Newtown, Conn., and Columbine, Colo.

Monday's Senate vote came exactly one month after a gunman killed 20 children and six educators inside Sandy Hook Elementary School in Newtown.

The closed-door meetings prompted about a dozen gun workers to travel more than two hours to Albany to protest the legislation they say could cost 300 to 700 jobs in the economically hard-hit Mohawk Valley.

"I have three small kids myself," said Jamie Rudall, a unionized worker who polishes shotgun receivers. "So I know what it means, the tragedy ... we need to look at ways to prevent that, rather than eliminate the rights of law-abiding citizens."

In the gun debate, one concern for New York is its major gun manufacturer upstate.

Remington Arms Co. makes the Bushmaster semi-automatic rifle that was used in the Connecticut shootings and again on Christmas Eve when the two firefighters were slain in Webster. The two-century-old Remington factory in Ilion in central New York employs 1,000 workers in a Republican Senate district.

Assemblyman Marc Butler, a Republican who represents the area, decried the closed-door meetings by Senate Republicans and the Democratic majority of the Assembly as "politics at its worst."

The bill would be the first test of the new coalition in control of the Senate, which has long been run by Republicans opposed to gun control measures. The chamber is now in the hands of Republicans and five breakaway Democrats led by Klein, an arrangement expected to result in more progressive legislation.

Former Republican Sen. Michael Balboni said that, for legislators from the more conservative upstate region of New York, gun control "has the intensity of the gay marriage issue." In 2011, three of four Republicans who crossed the aisle to vote for same-sex marriage ended up losing their jobs because of their votes.

© 2013 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
71 Comments Add a Comment
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klfullernd says:
I'm glad I live in NY, a state courageous enough to take on this issue.
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syslmod says:
Good for Cuomo!
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kathylovespogo says:
That crazy man who shot those children has cost the loss of more freedom in America. Made decent hard working American families criminals if they own a assult weapon to protect thier families. Here is aletter from a police officer in Australia........ Here's a thought to warm some of your hearts....
From: Ed Chenel, A police officer in Australia

Hi Yanks, I thought you all would like to see the real
figures from Down Under.

It has now been 12 months since gun owners in Australia were forced by a new law to
surrender 640,381 personal firearms to be destroyed by our own
government, a program costing Australia taxpayers
more than $500 million dollars.

The first year results are now in:
Australia-wide, homicides are up 6.2 percent,
Australia-wide, assaults are up 9.6 percent;
Australia-wide, armed robberies are up 44 percent (yes, 44 percent)!

In the state of Victoria.....
lone, homicides with firearms are now up 300 percent.(Note that
while the law-abiding citizens turned them in, the criminals did not
and criminals still possess their guns!)
While figures over the previous 25 years showed a steady
decrease in armed robbery with firearms, this has changed drastically upward in the past 12 months, since the criminals now are guaranteed that their prey is unarmed.There has also been a dramatic increase in break-ins and assaults of the elderly, while the resident is at home.( This is only part of his letter.It was posted and passed around on facebook.) I do hope these figures are wrong. Texas can not let that happen to us. We are living in fear now because of gangs and drug cartels. We trusted our goverment to protect our borders. Please give Egypt what we owe them in money and help protect us citizens. Please when officers are not around let us have the right to Bear arms as our Forfathers promised us in the Constitution. Iight add we are protected in Texas under the Texas Constitution too about the rigt to Bear Arms.
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klfullernd replies:
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Where do you get this data? Read this more a different view: http://www.csmonitor.com/World/Asia-Pacific/2012/1224/Could-the-US-learn-from-Australia-s-gun-control-laws
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nottblu says:
trout posts: "yeah, because guns are only allowed for law enforcement there" Malls are "gun free" zones, so was Sandyhook, so are all schools, churches, and most governemet buildings and airports, how has that worked out????? Next...

trout how is leftwing partisans like yourself believe these laws and restrictions will work on criminals?, they haven't in the past, history is proof, not your false assertions.
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forumcomments says:
I can't say I agree with the process that appears to exclude voting citizens views in the legislation. Since the gun debate became news again a few weeks ago, I have heard how the laws will go against constitutional amendment's. If you haven't noticed in mnay instances constitutional laws are being evaluated against other laws if the citizen has the resources to challenge lower laws in the court system. I wouldn't assume constitutional law will protect us by default.
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LarryMoniz says:
I loved the blatant duplicity of Mayor Bloomberg this week when he told Maryland politicians that gun control wasn't a Second Amendment issue but a "public health" issue. I apparently missed the public health section of the U.S. Constitution just as many politicians miss the fact that "Gun Control" isn't a federal issue but is allocated to state's rights under the Constitution. All I can say to New Yorkers is the waived the two-term rule to put Bloomberg in a third time. What's next, another waiver and declaring him king.
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rpmuldoon replies:
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The frightening thing is that if we ever need the public health establishment -- in cases of bioterrorism or epidemic, for example -- no one outside the Boston-Washington corridor and California will trust anything they recommend. Activists have turned public health into a political, not a scientific discipline, and nothing proposed now in the name of public health is accepted at face value.
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rainydaywoman47 says:
First of all I would like to say, how sorry I am for all the people who have lost loved ones in all these horrific crimes. I don't see tougher gun laws as being a deterrent for criminals or the mentally ill.
No law passed to help the mentally ill!!!!! Every one of those shooters have psychological issues. We set the mentally ill free when we closed all the mental institutions and turned our backs on those people and their families.
I can understand controlling of assault rifles that are rapid fire, however, guns that have a magazine of more than 7 rounds? Do you think those additional 3 bullets make that much of a difference for guns that have a magazine of 10 bullets. Personally, I think this is a way of getting rid of more firearms.
I supported Governor Cuomo until now. He will NOT get my vote if he runs for President or Governor again!!!
Once again New York has failed the people. Not only are we now putting more people out of work due to this latest law, but we are one of the highest taxed states, etc. Maybe it's time to think about moving out of NY State!
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NC_CCWer replies:
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Those 3 extra bullets could also save someones life. Citizens face the same thugs as police. The only difference is we are the intended victims, police aren't. I have the right to have every advantage I can to survive an encounter. Or maybe you think a woman doesn't have the right to adequately defend herself against a rapist.
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vaoldman2 says:
I am very happy that i don't have to live in New York with a bunch of morons in government.
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dj4240 says:
Would these new bans have stopped the Newtown tragedy ??....Will these bans make the schools in New York any safer ?? The answer is a resounding no !! These laws are for the most part targeting law abiding citizens and will have no effect other then taking away even more of the rights of the citizens who obey laws. Only about 1% of all shootings in the US are done with the semi automatic rifles that are incorrectly called "assault rifles" These new laws are only reflecting liberal ideology and nothing else...the people of NY would do well in voting out this progressive element as soon as they can.
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yermamma says:
They're just opportunists. This never would have had a chance 4 months ago. They're using a tragedy to force their own agenda. People are emotional right now and it's much easier to get them to fall in line when they're not thinking clearly. Well played NY. Well played.
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