Res. No. 853

Resolution calling on Congress to pass, and the President to sign, H.R. 1217, also known as the Public Safety and Second Amendment Rights Protection Act of 2015, which closes loopholes in the current gun background check system.

By The Public Advocate (Ms. James) and Council Members Gentile, Gibson, Lander, Mendez, Richards, Rose, Cohen, Rodriguez, Rosenthal, Levin and Kallos

Whereas, According to the Gun Violence Archive, there were 51,377 incidents of gun violence in the United States in 2014, resulting in 12,518 deaths and 22,886 injuries; and

Whereas, Background checks of potential gun buyers are the first line of defense to keep guns away from those who might misuse them; and

Whereas, Since the federal Brady Handgun Violence Prevention Act took effect in 1994, all federally licensed gun dealers have been required to verify that potential buyers are not prohibited from buying these weapons because they meet any of 11 criteria, including being convicted of a domestic violence crime or any crime punishable by more than a year in prison, or having been adjudicated to have certain mental conditions; and

Whereas, Background checks have proven to be an effective way to reduce gun violence; and

Whereas, According to a 2012 Mayors Against Illegal Guns study, in states requiring background checks for private handgun sales, 38% fewer women are shot and killed by intimate partners than in states without background checks; and

Whereas, The same study revealed that in states requiring checks on private sales, there are 49% fewer firearm suicides, even though the rates of suicide by other means are virtually identical in the comparison states; and

 Whereas, According to U.S. Representative Mike Thompson, Chair of the House Gun Violence Prevention Task Force, every day, the current background check system stops 170 people convicted of serious crimes and 50 domestic abusers from buying a gun; and

Whereas, However, according to a National Institute of Justice estimate, buyers of 40% of all guns are not required by current law to go through background checks, because those transactions take place privately at gun shows, over the internet, or through classified ads; and

Whereas, This loophole allows anyone who would be prohibited based on information discovered in a background check to bypass the system and purchase firearms; and

Whereas, In response to this dangerous loophole, U.S. Representatives Mike Thompson and Peter King have introduced H.R. 1217, the bipartisan Public Safety and Second Amendment Rights Protection Act of 2015; and

Whereas, H.R. 1217 would expand the current law to cover all commercial sales, thus requiring background checks for all sales at gun shows, over the internet, and through classified ads; and

Whereas, H.R. 1217 would also strengthen the National Instant Criminal Background Check System by providing states incentives to improve record-sharing systems, ensuring accuracy of records regarding criminal convictions and mental health status; and

Whereas, In addition, the legislation would establish the National Commission on Mass Violence to study the availability and nature of firearms and mental health issues; and

Whereas, Expanded background checks would save lives and have the support of 91% of Americans, as well as the same percentage of gun-owning households, according to a 2013 Washington Post-ABC News poll; now, therefore, be it

Resolved, That the Council of the City of New York calls on Congress to pass, and the President to sign, H.R. 1217, also known as the Public Safety and Second Amendment Rights Protection Act of 2015, which closes loopholes in the current gun background check system.

LS# 4396

4/30/2015

LW