File #: Res 0857-2011    Version: * Name: Certain domestic violence offenses. (A.698-B and S.4244-A)
Type: Resolution Status: Filed
Committee: Committee on Women's Issues
On agenda: 6/14/2011
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass and the Governor to sign, A.698-B and S.4244-A, an act to amend the criminal procedure law, in relation to certain domestic violence offenses.
Sponsors: Jessica S. Lappin, Mark S. Weprin, Gale A. Brewer, Fernando Cabrera , Lewis A. Fidler, Vincent J. Gentile, G. Oliver Koppell, Karen Koslowitz, Brad S. Lander, Rosie Mendez, Domenic M. Recchia, Jr., James G. Van Bramer, Jumaane D. Williams
Council Member Sponsors: 13
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013*Jessica S. Lappin City Council Filed (End of Session)  Action details Meeting details Not available
6/14/2011*Jessica S. Lappin City Council Referred to Comm by Council  Action details Meeting details Not available
6/14/2011*Jessica S. Lappin City Council Introduced by Council  Action details Meeting details Not available
Res. No. 857
 
 
Resolution calling upon the New York State Legislature to pass and the Governor to sign, A.698-B and S.4244-A, an act to amend the criminal procedure law, in relation to certain domestic violence offenses.
 
 
By Council Members Lappin, Weprin, Brewer, Cabrera, Fidler, Gentile, Koppell, Koslowitz, Lander, Mendez, Recchia, Van Bramer and Williams  
 
      Whereas, Currently, under federal law, a federal firearms licensee (FEL) may not sell or otherwise dispose of a firearm to a person who has been convicted of a misdemeanor crime of domestic violence (MCDV); and  
      Whereas, The FBI's National Instant Criminal Background Check System (NICS) determines firearm eligibility by conducting a background check, which must be completed within three business days; and
      Whereas, In certain cases, NICS requires additional information and follow-up requests are made to other agencies, however, the way that New York State transmits information causes delays in the overall background check; and
      Whereas, If NICS does not make a determination within three business days, an FEL may lawfully transfer a firearm; and
      Whereas, A.698-B and S.4244-A would permit two of the three critical pieces of information required for a background check to be transmitted directly from the State to the FBI, thereby expediting the background check; and
      Whereas, With this critical information in the NICS, if a defendant has been convicted of an MCDV, the NICS could deny a firearm application without further research, resulting in greater efficiencies in conducting background checks; and
      Whereas, The swift transmittal of background information will better ensure that an individual who is prohibited under federal law from acquiring a firearm does not acquire such firearm; and
      Whereas, Keeping firearms out of the hands of individuals convicted of certain crimes is crucial; domestic violence is a societal crisis that is only aggravated when already convicted individuals obtain firearms; and
      Whereas, This legislation will help to close a potential gap in the reporting of crimes by New York State to the federal government, further ensuring that individuals convicted of MCDVs are barred from purchasing or otherwise obtaining firearms legally; now, therefore, be it
      Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign, A.698-B and S.4244-A, an act to amend the criminal procedure law, in relation to certain domestic violence offenses.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TM
LS#
6/6/11