Lawmakers push to knock out firearms ban for upstate region

By Joe Mahoney

CNHI State Reporter

ALBANY — Four years after New York imposed tough restrictions on the sale of firearms and ammunition, gun rights advocates have crafted a novel strategy that aims to lift the limitations for the upstate region while keeping them intact for New York City.

“I think we stand a better chance with this than anything else that is in the queue,” said Tom King, president of the New York State Rifle and Pistol Association and a board member of the National Rifle Association.

King and his allies have been fighting the New York Secure Ammunition and Firearms Enforcement (SAFE) Act since January 2013, when Gov. Andrew Cuomo pushed through the package of gun-control measures.

The legislation was quickly advanced several weeks after a highly publicized shooting rampage at a school in Newtown, Connecticut, took the lives of 20 children and six teachers.

King said he believes the measure that would eliminate several gun restrictions for upstate — sponsored by Sen. Robert Ortt, R-Niagara County, and Assemblyman Marc Butler, R-Herkimer County — could gather steam because it would leave the SAFE Act regulations in place for the five boroughs of New York City, where gun control is politically popular.

He argued that the measure has been challenging for some upstate Democrats to defend, as many of their constituents are gun owners who have to comply with what he called burdensome laws.

“If you look at SAFE Act enforcement, most of the arrests have come from New York City,” said King. “You have to remember that it’s New York City where people continue to push for gun control.”

Because the Butler-Ortt legislation attempts to appeal to local sentiments in the two distinct parts of New York — downstate and upstate — he is optimistic, he said, that it could gather steam after lawmakers complete work on a state budget this month.

Butler, the primary author, said the fact that a co-sponsor for the bill, Ortt, is a member of the majority conference for the Senate gives the measure traction. He noted the bill has also sparked interest among some of the Democrats who control the Assembly.

Public sentiment against the SAFE Act is strong upstate, he said, noting 52 of New York’s counties have gone on record in opposition to it. Butler said the vast majority of arrests for violations under the statute have taken place in New York City. And of those, 85 percent were for illegal possession of a firearm, an act that was illegal before the SAFE Act.

Butler said the idea for the new approach was sparked last year when lawmakers went along with Cuomo’s plan to create a higher minimum wage for New York City than the rest of the state.

“It’s a different culture upstate,” the assemblyman said. “We’re trained here to understand the capabilities of firearms. We’re realizing that what may be good for New York City may not be good for the rest of the state. The SAFE Act is the poster child for that.”

But the new strategy to upend the SAFE Act for upstate isn’t immediately moving mountains at the statehouse.

Michael Whyland, a spokesman for Assembly Speaker Carl Heastie, D-the Bronx, threw cold water on the chances of the new bill getting advanced. “It’s not something we would do,” said Whyland, contending the SAFE Act remains popular with most voters.

King, however, said he is not troubled by such talk, arguing Democrats are just “staking out a position” before serious negotiations commence.

He pointed out the SAFE Act has also created political challenges for upstate Democrats, particularly those in rural areas, where sentiment for Second Amendment rights is generally strong.

Assemblyman Billy Jones, D-Franklin County, noted he is among those upstate Democrats who object to the SAFE Act.

 “I believe in Second Amendment rights, and that’s my stance on it,” said Jones, a former corrections officer. As to the Butler-Ortt legislation, he added, “We’re certainly going to take a look at this bill.”

King said the passions of SAFE Act opponents were stoked anew in January when gun owners were advised by the State Police that, under the law, they must renew their pistol permits every five years.

Several months after the SAFE Act was enacted, Cuomo approved an amendment that exempted retired police officers from some restrictions, allowing them to own ammunition magazines and guns banned by the statute.

Joe Mahoney covers the New York Statehouse for CNHI’s newspapers and websites. Reach him at jmahoney@cnhi.com