New York Considers Modifying Gun Sales Laws

by Betty Flood

The sale of guns (firearms, rifles, or shotguns) at auctions, flea markets, or garage sales would be considered a "gun show" in New York, according to legislation cosponsored by Senator Eric T. Schneiderman (D-New York City) and Assemblywoman Amy R. Paulin (D-Westchester).

"Realizing that guns are often offered for exchange as well as for sale or transfer in a range of places, this bill adds the word 'exchange' to the current statute," Schneiderman said. "Clarifying the term 'gun show' will attempt to address the cases in which the court will have to determine whether or not the sale or transfer of firearms that takes place in a variety of venues constitutes a gun show. Additionally, in the event that firearms, rifles, or shotguns are offered for sale, transfer, or exchange at a public auction, flea market, or garage sale, these venues will also be considered a gun show."

A second measure pertaining to the sale of rifles or shotguns would require a sale to be conducted through a federally licensed firearms dealer. "The bill provides for the return of the firearm to the appropriate party, should the sale of the firearm constitute a violation of the penal law," Paulin said. "This bill does not apply to the sale of firearms in four specified situations: sales to federally licensed firearms dealers; sales of an antique rifle or shotgun, a collector's item, a device not designed or redesigned for use as a rifle or shotgun, or designed solely for use as a signaling, safety, or similar device, or an unserviceable rifle or shotgun; sales to purchasers authorized to purchase on behalf of a law enforcement agency; and sales to immediate family members, which include spouse, natural and adoptive parents, children and siblings, stepparents, stepchildren and step-siblings, fathers-, mothers-, brothers-, sisters-, sons- and daughters-in-law, and grandparents and grandchildren."

"Currently, the unregulated secondary market provides an easy avenue for prohibited people to purchase weapons from places such as newspaper ads, garage sales, flea markets, and auctions," Paulin said. "This legislation would require that a background check be performed by a licensed firearms dealer before a firearm is resold in New York state, thus potentially reducing violent crime."

A third bill relating to firearms would require criminal background checks of all employees of a dealer of firearms. The measure states that any dealer of firearms would have to submit two sets of fingerprints of any prospective employee to the Division of Criminal Justice Services, which would be used to conduct a criminal background check.

"Currently, firearms dealers are required to conduct criminal background checks on prospective purchasers of firearms but not on employees who are handling and selling firearms daily," said Assemblyman Brian P. Kavanagh (D-New York City), a sponsor of the bill. "This bill would correct this anomaly by requiring background checks of such employees. Since dealers routinely perform these checks multiple times a day for [purchasers], the bill will not impose a meaningful new burden, while it will help to ensure those we have deemed ineligible to purchase a firearm are not handling or selling them."

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