Provides for a temporary commission to study the proper safe and secure storage and display of guns at licensed dealerships.
BILL NUMBER: S2374
TITLE OF BILL : An act to create a temporary state commission to study the safe and secure storage of guns at dealerships and providing for the repeal of such provisions upon expiration thereof
PURPOSE : To create a temporary commission to study the proper safe and secure storage of guns at licensed dealerships.
SUMMARY OF PROVISIONS : Section 1 establishes that the commission shall make a complete study and investigation of the problems associated with maintaining safety and security of guns that are stored and displayed at any place guns are sold.
Section 2 establishes that the commission shall consist of seven members including two recommendations from both the temporary president of the senate and the speaker of the assembly, and one recommendation each from the senate minority leader and the assembly minority leader. The governor shall appoint the seventh member, who shall be the chair of the commission.
Sections three through eight establish the powers and parameters of the commission as well as providing the commission with necessary resources and stipulating that the commission submit a report to the legislature including its findings as well as its recommendations no later than June 30, 2008.
EXISTING LAW : One of the purposes of this commission is to research existing laws regulating the storage of guns, as well as the extent to which these laws have been enforced.
JUSTIFICATION : The reasons to study this issue are clear. In the fall of last year, Ralph "Bucky" Phillips who killed one State Trooper and seriously injured another, allegedly broke into a gun shop and walked away with what was described as an "arsenal" of weapons. In another incident, during the freak winter storm that hit Buffalo last October, people broke into an inner city pawn shop and were seen walking away with armloads of guns because of insufficient security measures.
On the national level, the Brady Campaign has determined that theft from dealers who lack adequate security systems is one of the ways that guns enter the illegal market. Because of this, the Brady campaign has long been supporting both industry and government regulations for security systems at gun dealerships. As these recent tragedies clearly demonstrate, New York State's existing laws and/or law enforcement are not doing enough to ensure the safety of New Yorkers and keep guns out of the wrong hands.
Because of the seriousness of this problem, as well as the extensive amounts of research and expertise required, a commission of experts is necessary in order to generate effective and fair regulations for security standards.
LEGISLATIVE HISTORY : S.5424/A.8254 of 2007-08
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately following enactment.
STATE OF NEW YORK ________________________________________________________________________ 2374 2009-2010 Regular Sessions IN SENATE February 19, 2009 ___________Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to create a temporary state commission to study the safe and secure storage of guns at dealerships and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. A temporary state commission, to be known as the temporary state commission on the safe and secure storage of guns at dealerships, is hereby created to make a complete study and investigation of the problems associated with maintaining safety and security of guns that are stored and displayed at licensed dealerships. S 2. a. Such commission shall consist of a total of seven members appointed by the governor. Two such appointments shall be upon recommen- dation of the temporary president of the senate, two such appointments shall be upon recommendation of the speaker of the assembly, one such appointment shall be upon recommendation of the minority leader of the senate, and one such appointment shall be upon recommendation of the minority leader of the assembly. The remaining appointment shall be made by the governor and shall be the chair of the commission. Four members of the commission shall constitute a quorum for the transaction of any business of the commission. b. No member, officer or employee of the commission shall be disquali- fied from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter. S 3. The office of homeland security shall provide the commission such facilities and assistance as will enable the commission to carry out its powers and duties. Additionally, all other departments or agencies of the state or subdivisions thereof shall, at the request of the chair,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02848-01-9 S. 2374 2
provide the commission such facilities, assistance, and data as will enable the commission to carry out its powers and duties. S 4. The members of the commission shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder. S 5. The commission may employ and at pleasure remove such personnel as it may deem necessary for the performance of its functions and fix their compensation within the amounts made available by appropriation therefor. The commission may meet and hold public and/or private hear- ings within or without the state, and shall have all the powers of a legislative committee pursuant to the legislative law. S 6. For the accomplishment of its purposes, the commission shall be authorized and empowered to undertake any studies, inquiries, surveys or analyses it may deem relevant through its own personnel or in cooper- ation with or by agreement with any other public or private agency. S 7. a. The commission shall make a report of its findings including detailing the problems associated with the safe and secure storage and display of guns and ammunition in licensed dealerships; and possible solutions for the problem of licensed gun dealerships inadvertent loss of guns and ammunition through robbery or theft of inventory including, but not limited to, the feasibility of requiring secure storage facili- ties, the feasibility of immediate reporting requirements beyond local law enforcement, and the feasibility of continued tracking of such weap- ons and ammunition. b. The commission shall submit such report developed by it, including any recommendations for legislative action as it may deem necessary and appropriate, to the governor, the temporary president of the senate and the speaker of the assembly no later than June 30, 2010. S 8. This act shall take effect immediately and shall continue in full force and effect until December 31, 2010 when upon such date the provisions of this act shall expire and be deemed repealed.