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Robb

(39,665 posts)
Sat Mar 16, 2013, 01:59 PM Mar 2013

Effective today, federal background checks are required for all private firearm sales in New York.

The new laws are part of a package of gun control measures dubbed "NY Safe Act" pushed by Gov. Andrew Cuomo in January, a month after the Newtown, Conn. school massacre.

Private sales now require the purchaser to have a federal background check by a licensed gun dealer. The purchaser must present the seller a form showing he or she passed the check. Sales or transfers among immediate family members are exempt from the law. Private dealers can charge up to $10 for the background check.

Also effective today is another provision that requires judges issuing an order of protection to determine whether to suspend or revoke the state pistol permit held by the person against whom the order of protection is issued. Judges have had the power to do so, but the new provision requires judges to consider doing so.

Another provision effective today makes it a felony to buy or dispose of a rifle shotgun or pistol for someone prohibited by law from having one because of a conviction or disability. The law also requires gun owners to store their guns in a locked cabinet or case if they live with someone who cannot by law own a gun due to a criminal record, past commitment to a mental institution or a court-issued order of protection.

http://www.riverheadlocal.com/local-news/8842-effective-today-federal-background-checks-required-for-private-gun-sales-in-new-york

21 replies = new reply since forum marked as read
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Effective today, federal background checks are required for all private firearm sales in New York. (Original Post) Robb Mar 2013 OP
Sounds like common sense. It will require a strong commitment to enforce it. freshwest Mar 2013 #1
Good move. Now lets fund the system adequately hack89 Mar 2013 #2
Congrats mwrguy Mar 2013 #3
You might mean 48. CokeMachine Mar 2013 #4
Happy to be wrong on that one. mwrguy Mar 2013 #6
Rhode Island also requires background checks for private sales. nt hack89 Mar 2013 #8
California, Rhode Island, Connecticut, Robb Mar 2013 #12
An unexpected implementation. Cool. ManiacJoe Mar 2013 #5
This is a law that I fully support. ... spin Mar 2013 #7
The fed legislation is different from the NY law. ManiacJoe Mar 2013 #9
An example Crepuscular Mar 2013 #10
You should perhaps read about the SAFE act. Robb Mar 2013 #11
Did I read GP6971 Mar 2013 #18
Only the Department of Veterans Affairs Robb Mar 2013 #20
Thanks. n/t GP6971 Mar 2013 #21
Surprised this was not delayed due to the pending legal challenge ProgressiveProfessor Mar 2013 #13
It's the law, it's being enforced. Robb Mar 2013 #14
Apples and Oranges ProgressiveProfessor Mar 2013 #15
Prop 8 was a constitutional amendment. Robb Mar 2013 #16
Long enough to have seen all kinds of laws/regulations/constitutional amendments ProgressiveProfessor Mar 2013 #17
This will put an end to all violent crime slackmaster Mar 2013 #19

hack89

(39,179 posts)
2. Good move. Now lets fund the system adequately
Sat Mar 16, 2013, 02:37 PM
Mar 2013

so federal agencies and the states can keep the data up to date.

Robb

(39,665 posts)
12. California, Rhode Island, Connecticut,
Sun Mar 17, 2013, 08:30 AM
Mar 2013

Illinois, Oregon and -- as soon as our governor signs the bill -- Colorado all require universal background checks.

ManiacJoe

(10,136 posts)
5. An unexpected implementation. Cool.
Sat Mar 16, 2013, 03:37 PM
Mar 2013

"The purchaser must present the seller a form showing he or she passed the check. ... dealers can charge up to $10 for the background check."

Sounds like some folks found a reasonable way to do this!
Buyer goes to a dealer, fills out the forms, gets the background check done, pays the $10, brings a copy of the form with confirmed check status to the private seller, makes the buy.

spin

(17,493 posts)
7. This is a law that I fully support. ...
Sat Mar 16, 2013, 06:50 PM
Mar 2013

I live in Florida and I have my own rules when I sell a firearm.

1) Obviously the buyer has to be a Florida resident.

2) I have to know the buyer personally.

3) The buyer has to have a valid Florida concealed weapons permit which means he has had a background check and has had firearm safety training.

As a responsible gun owner I wish to be as certain as I can that any firearm I sell ends up in the hands of another responsible person.

I hope this legislation passes at the national level.

ManiacJoe

(10,136 posts)
9. The fed legislation is different from the NY law.
Sat Mar 16, 2013, 08:28 PM
Mar 2013

The NY law seems better regarding the background checks.

Crepuscular

(1,061 posts)
10. An example
Sun Mar 17, 2013, 08:11 AM
Mar 2013

An example of good gun safety legislation, hopefully it will become a Federal law. Now expand it to include access to mental health records as part of the background check process.

Robb

(39,665 posts)
11. You should perhaps read about the SAFE act.
Sun Mar 17, 2013, 08:23 AM
Mar 2013

It includes a provision for mental health professionals to report to the state when they believe a patient is unfit to own a firearm. That information becomes part of the background check, and also became law yesterday in New York.

GP6971

(32,982 posts)
18. Did I read
Sun Mar 17, 2013, 11:14 AM
Mar 2013

somewhere that a number of mental health professionals were publicly refusing to comply?

Also, a question......I have not read the act, but would the mental health professionals be required to report to the state even if the person had absolutely no interest in guns? My guess would be probably yes.

Robb

(39,665 posts)
20. Only the Department of Veterans Affairs
Sun Mar 17, 2013, 01:26 PM
Mar 2013

The VA believes, and I think they're right, that federal law on vets' records privacy supersedes the state law, which is opt-in anyhow. They're declining to participate based upon their interpretation of their federal obligations.

The law establishes a reporting system, but still leaves it to practitioners to report or not report.

Robb

(39,665 posts)
14. It's the law, it's being enforced.
Sun Mar 17, 2013, 10:00 AM
Mar 2013

Orly Taitz's lawsuits didn't delay the President's inauguration, either.

Robb

(39,665 posts)
16. Prop 8 was a constitutional amendment.
Sun Mar 17, 2013, 10:36 AM
Mar 2013

The SAFE act is regulatory. How long have you been following politics?

ProgressiveProfessor

(22,144 posts)
17. Long enough to have seen all kinds of laws/regulations/constitutional amendments
Sun Mar 17, 2013, 10:38 AM
Mar 2013

block in court before they became effective.

It was just a question, not been able to follow things regularly as of recent.

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