Res. No. 803

Resolution urging federal and state lawmakers to establish regulations that ensure guns and ammunition designed to penetrate body armor and bulletproof vests are not able to circulate within the United States.

By Council Members Vallone Jr., Brewer, Comrie, Fidler, Gennaro, Gentile, Gerson, Gonzalez, Jennings, Koppell, Liu, McMahon, Nelson, Quinn Recchia Jr., Sears, Vann and Weprin

                     Whereas, According to recent news articles, law enforcement members have been cautioned about a new handgun and bullets legally sold to civilians in the United States, that advertises the ability to easily pierce Kevlar body armor, bulletproof vests and helmets; and

                     Whereas, The articles also state that police in Connecticut seized one of these handguns during a recent arrest, confirming that criminals have already gained access to these dangerous weapons; and

                     Whereas, Upon testing the Five-SeveN pistol with the ammunition sold legally in the U.S., Connecticut police found that all three bullets penetrated the standard police vest, demonstrating the threat of this weapon to law enforcement members; and

Whereas, Fabrique Nationale (FN) Herstal is the Belgium based company that designed the FN Five-SeveN semi-automatic pistol and ammunition, which boasts of armor piercing capabilities as well as high capacity magazines and increased velocity ammunition, not usually common with handguns; and

                     Whereas, Although the official FN Herstal website indicates that the gun and the bullets are sold only for military and law enforcement purposes, several online gun distributors have since indicated on their websites that as of September 30, 2004, after the federal assault weapons ban expired, civilians may purchase these light, concealable weapons and bullets whose capabilities are in line with that of a carbine or a rifle; and

                     Whereas, Although current New York State law prohibits the sale and possession of these weapons, illegal gun trafficking continues to be a problem since most guns and ammunition used in New York crimes are purchased out-of-state; and

Whereas, According to the Bureau of Alcohol, Tobacco and Firearms, 84% of all guns used in New York City crimes in 2000 were purchased out-of-state and a 2003 study released by Senator Charles Schumer ranked New York first nationally in crimes committed with out-of-state guns with 3,662 crimes committed in 2001 with guns purchased in another state; and

                     Whereas, The additional threat of FN Five-seveN pistols and their ammunition, coupled with lax gun legislation in other states, greatly hinders the effort to reduce gun-related crimes and keep law-enforcement agents safe in the line of duty in New York City; and

                     Whereas, Former Presidential Press Secretary Jim Brady stated “President Bush and Congress should urge the gun company to stop selling this gun in America voluntarily, or the President and Congress should take whatever action is necessary to get it out of the American civilian marketplace. Anything else makes no sense. Nobody in America who's not a soldier or a police officer needs to have this handgun;” and

                     Whereas, New York City Police Commissioner Raymond Kelly and Police Benevolent Association President Patrick Lynch have both called for legislators to ensure that the model FN Five-seveN gun is taken off the market; now, therefore, be it 

                     Resolved, That the Council of the City of New York urges federal and state lawmakers to establish regulations that ensure guns and ammunition designed to penetrate body armor and bulletproof vests are not able to circulate within the United States.