Legislature nixes pistol permit renewals
Albany, August 11, 2004, Paul Ertelt
CLICK HERE FOR THE TH-R ARTICLE   

      The state Legislature this week plans to finally put to rest the governor's proposal to require regular renewals of pistol licenses.
     The governor wanted pistol owners to renew their licenses every five years and pay a fee of at least $100. Now, unless they're revoked for cause, pistol licenses are good for life.
     The fee would have generated an estimated $31 million a year. Administration officials also argued that the renewal requirement would help the state police keep its database of handgun owners up to date. More than 1 million pistol licenses have been issued in New York since 1936.
     But many of the governor's fellow Republicans in the Legislature were incensed by the proposal, arguing that it would infringe on Second Amendment rights while serving no law-enforcement purpose.
     "The people least likely to commit crimes with guns are the law-abiding pistol licensees whose guns are registered and whose fingerprints are on record with the state police and the FBI," said Sen. James Seward, R-Milford.
     This week, lawmakers plan to pass a public-safety budget bill that does not include the pistol-permit proposal.

     I read this story when my paper came at five this morning, and even though this was confirmation of all that I've been hearing, it is certainly encouraging to see it in print. Now the trick will be to make sure this sticks when the "three men" get to the room to negotiate the final product. Although I don't think this scenario is likely, the problem that we could run into is that Bruno could say he did his best, but it was two against one. My administration sources tell me that, while the Governor certainly doesn't care if gun owners get screwed, this is not something that he's going to go after with zeal if he sees that the budget can be balanced without any major differences. None of them wants a late budget, so they're trying to play well together. Silver, we know would have no problem screwing gun owners but has his own items he would like stripped out of the budget and both Silver and Bruno have been out there saying that many fee increases the Governor has proposed are unwarranted because the shortfall is not as large as Pataki projected. I think that between Bruno and Silver, if each of their particular concerns have been met (one of Bruno's being the gun permit stuff), the rejection of the gun fees will hold.
     I'll be working today to find out with what the Assembly's take on the budget was when they released their revenue predictions and what consensus the majority conferences reached when they met on Wednesday. There are still some major differences over school aid issues which could hold up timely passage, and my fear is that the longer the process goes on, the longer we have to worry about the gun fees still being on the table and becoming part of some deal.
     I acknowledge that I can be a touch pessimistic with regard to the scenarios that could, but are unlikely, to arise. Hey, this is New York. I have another meeting with Bruno again soon. I think the fee issue has energized gun owners in a way not seen in a long time and, going into elections, that this will provide the much needed opportunity for us to begin working with the Senate again in a way that is beneficial to both gun owners and the Senate Majority going into this election and beyond. This may be a road back to the Senate pro-gun majority of yesteryear (that's my optimism talking now).

Received as a forward from PaulGallant2A@cs.com: "Received from a local Rockland GO. Sender's info deleted. I added the emphasis to the bottom! - PG")

I just got off the phone with Ryan Karben (young kid, died in the wool democrat, but willing to at least listen). He told me the bill would most probably stay in for a simple reason. If Pataki, a Republican, puts forth something bad for gun owners, also republicans, why should the democrats save him from getting his own people mad at him? We were better off with Cuomo. Also he said I was the ONLY call or letter he got. It wasn't even on his radar screen as far as being important to constituents.

Comparison
(For Orange County only*)

NOTE: Items in ITALIC are a quote from the bill or current law.

Computerization

The process of modernizing the Pistol Permit Section's records storage and retrieval system continued throughout 1999, resulting in a number of system and capabilities improvements. Pistol permit confirmations can be accomplished in most cases instantaneously via a search of the newly computerized database. Similarly, it is now possible to conduct a weapon serial number search instantly, whereas prior to this initiative such an inquiry could only be performed on an overnight basis. New data entry requirements have enhanced the section's ability to conduct a much wider variety of inquiries. Searches specific in nature, which would not have been possible prior to these improvements, can now be accomplished. Progress also was made toward the Division's goal of converting nearly 60 years worth of paper records to modern, efficient electronic files. An electronic scanning initiative was begun, with the object of converting more than a million paper documents to an electronic format capable of storage on compact disk. Documents stored in this fashion will be retrievable electronically via computer; the original paper documents then will be either destroyed or archived in another location, depending on their historical or evidentiary value. It is further expected that future technological improvements will allow for the transfer of documents between the section and submitting agencies electronically, with no actual paper being exchanged.

SCOPE's has a flyer to give out.
It is a MS Word.doc

GOVERNOR PATAKI’S PROPOSED
RENEWABLE PISTOL LICENSE AND INCREASED FEES

THIS IS A LIST OF THE GOP TURNCOATS WHO VOTED FOR THE ASSUALT WEAPONS BAN. PLEASE CONTACT THEM IF THEY ARE YOUR STATE SENATOR. Click on the Senators name to go to their web site.
Thomas Morahan serves/screws part of Orange County

NRA-ILA Grassroots Alert Vol. 11, No. 4, 1/30/04
1-800-392-8683, www.nraila.org

NEW YORK
In an attempt to generate revenue and close the state`s enormous budget gap, Governor George, (Mario,) Pataki (R) has included in his Executive Budget a proposal that targets, and seeks to profit from, law-abiding gun owners. The provision in budget bills S. 6056/A. 9556 will require handgun licensees to pay a $100 "certification" fee to the state, institutes a five-year expiration period for licenses (currently most jurisdictions issue lifetime licenses), and charges a fee of $25 for each handgun owned. Additionally, this proposal would remove the caps on local processing fees, which means fees can certainly be expected to climb, and in many jurisdictions could price gun owners, sportsmen, and collectors right out of the market. Instead of directly banning handguns, this proposal would simply make it too expensive to own them. Please call (518) 474-8390 or write to Governor Pataki at Executive Chamber, State Capitol, Albany, NY 12224 to express your opposition to his latest attack on gun owners. It is also critical that you contact your lawmakers TODAY to tell them that they must oppose this unfair "TAX" on gun owners! To get contact information for your representatives, please use the "Write your Representatives" tool at www.NRAILA.org

Senator Bill Larkin (R-C, Cornwall-on-Hudson) said, "Licensed gun owners do have legitimate cause for concern over the Governor's most recent fee proposal. While I am aware of the issues surrounding this proposal, I do not support these arguments. I am aware of the research from the country's leading criminologists showing that higher licensing fees, mandatory background checks and a crackdown on part-time gun dealers, all changes that went into effect in the mid-1990s, have had little to do with America's drop in violent crime. Law-abiding citizens and sportsmen who have always legally obtained their firearms licenses would be unfairly penalized under the plan. Therefore, I will advocate against this exorbitant fee increase."

Fee plan threatens gun owners' rights
Joel M. Miller, R-Poughkeepsie, member of the New York state Assembly
poughkeepsiejournal.com, 2/26/04

... Control arguments faulty
     Proponents of stricter gun laws will tell you these regulations prevent thousands of gun-related murders a year. According to the Centers for Disease Control and Prevention, this is simply not the case. Its recent study of various types of gun control, such as background checks, waiting periods and bans on certain guns and ammunition, could not document that these rules have in any way reduced violent crime.
     Similarly, measures like the much-touted Brady Gun Control Law are not preventing violent felons from getting guns if they want them. In fact, John Stossel from ABC's ''20/20'' reported last month that the thing these felons fear the most is ''not the police, not time in prison, but you, another American who might be armed.''
     For these reasons, 36 states have ''concealed carry'' or ''right to carry'' laws that allow citizens to keep guns with them. According to Stossel, not one of these states has reported an increase in gun crime, and many women say they feel comforted by these laws. ...

Fee hikes a slap to gun owners
By David Dirks, Times Herald-Record, 2/24/04

     ... It already costs a few hundred dollars to get everything you need – processing fees, safety course, etc. – to be able to own a pistol. However, the real threat to gun ownership is neatly tucked away in this bill. If tacking on an additional $100 dollars isn't enough, the proposed legislation allows local jurisdictions to impose arbitrary additional fees on handgun owners.
     If we allow local jurisdictions to decide what extra fees to impose, they can make it prohibitively expensive for anyone other than the wealthy to own a handgun. Local jurisdictions decidedly against gun ownership can achieve their desired agenda without firing a shot.
     This is the classic "Trojan horse" strategy. In this case, roll out an additional $100 in handgun fees and then surprise them with the real attack of no caps on local fees.     ...
     However, desperate times call for desperate measures, and this is one of them. If this measure succeeds, the Trojan horse will have entered the gates and will be ready to deal a death blow to handgun ownership.
     Write your state officials and tell them how you feel about budget bill S.6056/A9556. Even if you don't own a handgun, you need to be concerned about a bill like this.
     Why? Because when the fellows with the calculators sit down again, they might decide you need to pay a fee for each rifle or shotgun you own.

     "The Conservative Party of New York State has been a staunch supporter of the 2nd Amendment of the United States Constitution and is adamantly opposed to any action that will hinder the rights of Americans and New York State citizens to own a gun.
     We see this proposal as another infringement on responsible gun ownership."

Senate chief shuns fee increases
CLICK HERE FOR MORE INFO

PART OF THE ARTICLE, (February 4, 2004)
      Senate Majority Leader Joseph Bruno ... has criticized the fee proposals. ... Bruno went further, singling out the handgun fee as unnecessary.  “That hits over a million upstaters annually, They’re law-abiding citizens. They’ve qualified for the license, which is hard to do. And I’m not sure we should be escalating the costs.”

Pataki's gun fee proposals spark outcry
http://www.buffalonews.com/editorial/20040222/2002889.asp

      ... Erie County Clerk David J. Swarts sees enacting these proposed fee changes as "an administrative nightmare."
     " These fees would become a burden on county clerks' office staffs to fulfill all sections of law," Swarts said. "This county has the largest number of permit holders in the state, almost 70,000, and, as mandated in this proposal, all permits would need to be reissued by February of 2005." The clerk's office would have to triple its staff to comply with this new law.
      ... A pistol permit is more akin to a property deed or a marriage license than to a driver's or fishing license. After thorough checks, government agencies do not charge additional processing fees for continued property ownership or for an ongoing marriage.

Received from:
Jacob J. Rieper, Legislative Director
New York State Rifle & Pistol Association
http://www.nysrpa.org
http://www.rpa-pac.org

Part I Establish a State licensing fee on pistol and revolver permits and an expiration date for all gun licenses.

This bill imposes a State fee on pistol permits.

Section 400.00 of the Penal Law is amended to impose State licensing fees on pistol permits. The fee schedule is as follows: a $100 fee is imposed on new and renewal pistol or revolver licenses; a $25 fee for each permit amendment; a $100 fee on gunsmith and dealer licenses; a $25 fee on duplicate licenses; and a $25 fee on license transfers. Additionally, caps on local fees are removed and such fees will be determined by the appropriate county legislature or the New York City Council.

This bill also establishes a five-year expiration for gun licenses issued outside of New York City and Nassau, Suffolk, and Westchester counties, where permit expiration dates already exist. All current holders of lifetime licenses will need to have their licenses certified prior to February 1, 2005. These certifications will expire on a five-year prorated basis in accordance with a schedule determined by the Superintendent of State Police.

This bill further amends the Penal Law to mandate that for the recertification of a gun license a National Instant Background Check System (NICS) search shall be conducted instead of requiring the resubmission of the applicant's fingerprints.

Currently, local fees are authorized in statute for gun licenses. In New York City and Nassau County, local legislative bodies can establish a fee for a pistol license at any amount, whereas in counties outside of New York City and Nassau the fee must be between $3 and $10. Additional local fees for gun dealers, license amendments, duplicate licenses, and license transfers are defined. There are no current State fees.

The expiration periods are also set in statute. In New York City, licenses are valid for three years. In Nassau, Suffolk, and Westchester counties, licenses are valid for five years. In all other counties, gun licenses do not expire.

With the information acquired through the new licensing process, the State Police will be able to maintain an updated database on all licensed handguns in the State. Better tracking of handgun ownership will aid law enforcement efforts and consequently enhance public safety.

* Enactment of this bill is necessary to implement the 2004-05 Executive Budget which anticipates $31 million in new State revenue from this proposal.

http://publications.budget.state.ny.us/fy0405articleVIIbills/ppgg_memo.html

Thanks to the New York State Rifle & Pistol Association for getting the word out.