Res. No. 1642

Resolution calling upon the New York State Assembly to pass, and the Governor to sign, S.14/A.613, the Jose Webster Untraceable Firearms Act.

By Council Members Chin, Yeger and Gennaro

Whereas, S.14/A.613, also known as the Jose Webster Untraceable Firearms Act, sponsored by Senator Brad Hoylman and Assembly Member Linda Rosenthal respectively, and named for a 16-year-old from the South Bronx who died from gun violence in 2011, was passed by the New York State Senate in February 2021; and

Whereas, S.14/A.613 aim to address the growing threat in New York State, posed by the manufacture, possession, and sale of guns and gun components that do not have serial numbers and are untraceable -collectively referred to as “ghost guns”; and

Whereas, Ghost guns are typically assembled by individuals from parts or kits that are sold 80% complete and include one unfinished piece of a weapon, which the purchaser is required to drill to make the gun fully functional; and

Whereas, Because of loopholes in federal gun regulations, such firearms do not need serial numbers, and nearly complete kits or individual gun components can be sold without background checks; and

Whereas, In July 2020, 17 firearm manufacturers ended sales of assault weapons and assault weapon components in New York after receiving cease and desist orders from New York State Attorney General Letitia James’s Office; and

Whereas, Under current municipal law, possession of a ghost gun is illegal and a misdemeanor in New York City; however, firearm manufacturers are still able to sell nearly complete parts and kits for handguns, shotguns, and rifles under State law, creating an urgent need for stronger legislation to prevent ghost guns throughout New York; and

Whereas, Approximately 10,000 ghost guns were recovered across the country in 2019, according to the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, with 220 recovered by law enforcement in New York State during 2020 (including 109 reported in New York City), compared to 72 in 2019 and only 38 in 2018, representing a 479% statewide increase over the three year period, according the Rockefeller Institute; and

Whereas, The Jose Webster Untraceable Firearms Act, would, if passed, help to reduce the prevalence of ghost guns in New York by: prohibiting their possession by anyone other than a licensed gunsmith, prohibiting their sale entirely, requiring anyone manufacturing or assembling a firearm in New York to serialize finished and unfinished firearms and be a licensed gunsmith, and creating classes of felonies for the violation of such rules; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Assembly to pass, and the Governor to sign, the S.14/A.613, the Jose Webster Untraceable Firearms Act

LS #17447

5/28/2021 12:56 PM

M.T.