MONDAY, MARCH 4, 2019                                               2:55 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF SATURDAY, MARCH 2ND.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I MOVE TO

                                          1



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SATURDAY, MARCH

                    2ND AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO RE -- AGAIN OPEN OUR SESSION WITH A

                    QUOTE.  THIS MONTH, BEING THE BEGINNING OF WOMEN'S HISTORY MONTH,

                    WE WANT TO CELEBRATE WITH THE WORDS OF SUSAN B. ANTHONY.  AND SUSAN

                    SAID:  "WE ASK JUSTICE, WE ASK EQUALITY, WE ASK THAT ALL CIVIL AND

                    POLITICAL RIGHTS THAT BELONG TO CITIZENS OF THE UNITED STATES BE

                    GUARANTEED TO US AND TO OUR DAUGHTERS FOREVER."  AGAIN, MR. SPEAKER,

                    SUSAN B. ANTHONY.

                                 THE MEMBERS HAVE ON THEIR DESKS A -- A MAIN

                    CALENDAR WITH 25 NEW BILLS, BEGINNING WITH CALENDAR NO. 67 ON PAGE

                    4, THAT'S WHERE WE'LL START TODAY.  AFTER ANY INTRODUCTIONS OR

                    HOUSEKEEPING, MR. SPEAKER, FOR -- WE WILL BEGIN TO -- OUR CONSENT OF

                    THESE BILLS AND TAKE UP RULES REPORT NO. 23 BY MEMBER PAULIN LATER

                    TODAY.  AND WE ALSO HAVE LEGISLATION SPONSORED BY YOURSELF, MR.

                    SPEAKER, THAT WE WILL TAKE UP.  FOR OUR MAJORITY MEMBERS, THERE WILL

                    NEED TO BE A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF TODAY'S

                    SESSION.  AND AS ALWAYS, SHOULD THE MINORITY HAVE A SIMILAR NEED, WE

                    WILL ADDRESS THAT AT THE TIME.

                                 SO THAT'S THE GENERAL OUTLINE, MR. SPEAKER.  IF THERE

                    ARE ANY INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME; IN

                                          2



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    FACT, MR. SPEAKER, IF IT'S YOUR WILL, I DO HAVE AN INTRODUCTION I WOULD

                    LIKE TO MAKE.

                                 ACTING SPEAKER AUBRY:  FOR THE PURPOSES OF A

                    [SIC] INTRODUCTION, MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO BRIEFLY INTERRUPT OUR PROCEEDINGS AND

                    INTRODUCE SOME VERY IMPORTANT PEOPLE TO THE WORKFORCE DEVELOPMENT

                    COMMUNITY IN THE CITY OF BUFFALO.  WE HAVE WITH US STEPHEN TUCKER.

                    STEPHEN HAS AN MBA.  HE'S ALSO THE PRESIDENT AND CEO OF THE

                    NORTHLAND WORKFORCE TRAINING CENTER.  WE HAVE PETER COLEMAN.

                    PETER IS THE EXECUTIVE DIRECTOR OF BUFFALO NIAGARA MANUFACTURING

                    ALLIANCE, WHICH IS AN ORGANIZATION OF MULTIPLE MANUFACTURING --

                    ADVANCED IN LOCAL MANUFACTURING COMPANIES.  AND LASTLY, BUT CERTAINLY

                    NOT LEAST, WE HAVE CATHERINE MUTH.  SHE IS THE SENIOR MANAGER OF

                    NORTHLAND INDUSTRY RELATIONS.  MR. SPEAKER, IF YOU WOULD WELCOME

                    THEM TO OUR FLOOR AND OFFER THEM THE CORDIALITIES OF THE FLOOR, I WOULD

                    BE GREATLY APPRECIATIVE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.  WE EXTEND TO

                    YOU THE PRIVILEGES OF THE FLOOR AND THANK YOU FOR THE WORK THAT YOU DO

                    IN KEEPING EMPLOYMENT IN THE BUFFALO AREA AND THE STATE OF NEW YORK

                    SOUND AND GROWING.  THANK YOU SO VERY MUCH FOR YOUR WORK.  YOU ARE

                    ALWAYS WELCOME HERE.

                                 (APPLAUSE)

                                          3



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. BENEDETTO FOR THE PURPOSES OF AN INTRODUCTION.

                                 MR. BENEDETTO:  THANK YOU, MR. SPEAKER, FOR

                    LETTING ME TAKE THE TIME TO INTERRUPT THE PROCEEDINGS TO MAKE AN

                    ANNOUNCEMENT OF SOME WONDERFUL PEOPLE WHO ARE HERE TODAY.  IT'S A

                    GREAT HONOR AS EDUCATION CHAIR TO BE STANDING HERE.  IT'S A LARGER HONOR

                    TO BE STANDING HERE WHEN WE HAVE TEACHERS UP HERE IN ALBANY.  A

                    GROUP OF TEACHERS HAVE COME UP WITH THEIR STUDENTS AND THEY ARE

                    WONDERFUL STUDENTS, MUSICIANS.  WE ARE HERE TODAY VISITING PEOPLE

                    FROM NYSSMA, THE NEW YORK STATE MUSIC ASSOCIATION, OKAY, THE

                    TEACHERS WHO HAVE COME UP WITH THEIR PRIZED STUDENTS FROM AROUND THE

                    STATE.  AND THEY WERE GIVING A CONCERT TODAY ON THE CONCOURSE DURING

                    LUNCH HOUR.  THEY WILL BE DOING ANOTHER CONCERT THIS EVENING AT AROUND

                    5:30-6:30, SOMEWHERE IN THAT PERIOD.  I URGE EVERYBODY TO COME DOWN

                    AND LISTEN TO THE PRODUCT OF THE SCHOOLS OF THE STATE OF NEW YORK.  IT

                    WILL MAKE US ALL PROUD.  I, FOR ONE, AM SO BUSY IN MEETINGS HERE, MIGHT

                    NOT GET THERE, BUT I WAS LUCKY ENOUGH TO HAVE THESE STUDENTS STAYING AT

                    MY HOTEL LAST NIGHT AND WHILE THEY WERE PRACTICING, THAT WAS ME

                    SCOPING ABOUT, LISTENING TO YOUR PRACTICE SESSION.

                                 (LAUGHTER)

                                 AND THEY WERE ABSOLUTELY AMAZING.  THE PRIDE OF

                    NEW YORK STATE IS HERE.  TAKE ADVANTAGE OF IT.  PLEASE, MR. SPEAKER,

                    INTRODUCE AND WELCOME THESE PEOPLE.

                                 ACTING SPEAKER AUBRY:  THAT'S QUITE A VISUAL,

                    MR. BENEDETTO.

                                 (LAUGHTER)

                                          4



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 ON BEHALF OF MR. BENEDETTO, THE SPEAKER AND ALL THE

                    MEMBERS, WE WELCOME BOTH TEACHERS AND STUDENTS HERE TO THE NEW

                    YORK STATE ASSEMBLY.  WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.

                    OUR CONGRATULATIONS ON THE WORK THAT YOU DO TOGETHER AND, MOST OF ALL,

                    OUR APPRECIATION FOR WHAT IS PRODUCED.  CERTAINLY, MUSIC IS THE KEY TO A

                    BETTER AND HEALTHIER LIFE.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 131, MR.

                    CUSICK.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MARCH 2019 AS IRISH AMERICAN HERITAGE MONTH IN

                    THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 132, MS.

                    JOYNER.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MARCH 2019 AS BLEEDING DISORDERS AWARENESS

                    MONTH IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 133, MS.

                    LUPARDO.  LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM MARCH 2019 AS AGRICULTURE MONTH IN THE STATE OF

                                          5



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE RESOLUTION IS

                    ADOPTED.

                                 PAGE 4 ON CONSENT.


                                 THE CLERK:  ASSEMBLY NO. A00219, CALENDAR NO.

                    67, PAULIN, BLAKE, DINOWITZ, GALEF, JAFFEE, M. G. MILLER, L. ROSENTHAL,

                    ZEBROWSKI, CROUCH, RAIA, OTIS, SCHMITT, JACOBSON.  AN ACT TO AMEND

                    THE ELECTION LAW, IN RELATION TO MAILING SPECIAL BALLOTS FOR VICTIMS OF

                    DOMESTIC VIOLENCE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01527, CALENDAR NO.

                    68, RICHARDSON.  AN ACT TO AMEND THE CORRECTION LAW AND THE PENAL

                    LAW, IN RELATION TO TEMPORARY RELEASE ELIGIBILITY FOR JUDICIALLY ORDERED

                    COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01800, CALENDAR NO.

                    69, MAGNARELLI, D'URSO, PEOPLES-STOKES, STECK, COOK, GALEF,

                    ZEBROWSKI.  AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND

                    PROCEEDINGS LAW, IN RELATION TO INSPECTING, SECURING AND MAINTAINING

                    VACANT AND ABANDONED RESIDENTIAL PROPERTY.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A01913, CALENDAR NO.

                    70, JOYNER.  AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2010, RELATING TO

                    AUTHORIZING AND DIRECTING THE COMMISSIONER OF EDUCATION TO CONDUCT A

                                          6



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    STUDY ON THE EFFECTS OF TRAUMA ON CHILD DEVELOPMENT AND LEARNING AS

                    PROPOSED IN LEGISLATIVE BILLS NUMBERS S.8000-B AND A.10063-B, IN

                    RELATION TO AUTHORIZING AND DIRECTING THE COMMISSIONER OF CHILDREN

                    AND FAMILY SERVICES TO CONDUCT A STUDY ON THE EFFECTS OF TRAUMA ON

                    CHILD DEVELOPMENT AND LEARNING; AND TO REPEAL CERTAIN PROVISIONS OF THE

                    EDUCATION LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    JOYNER, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  LAST VOTE -- THE FIRST VOTE

                    OF THE DAY, MEMBERS.  IF YOU COULD, PLEASE, IF YOU'RE SOMEWHERE IN AND

                    AROUND THE CHAMBERS, IF YOU COULD MAKE YOUR WAY HERE AND CAST YOUR

                    VOTE.  THANK YOU VERY MUCH IN ADVANCE FOR DOING SO.  FIRST VOTE OF THE

                    DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.  FIRST VOTE OF THE DAY.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A02166, CALENDAR NO.

                                          7



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    NO. 71, BICHOTTE, ORTIZ, RICHARDSON, WILLIAMS, SOLAGES, WALKER,

                    BLAKE, GOTTFRIED, HYNDMAN, SEAWRIGHT, STIRPE.  AN ACT TO AMEND THE

                    ECONOMIC DEVELOPMENT LAW, IN RELATION TO THE PUBLICATION OF

                    INFORMATION REGARDING AWARDS OF STATE CONTRACTS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER PICHARDO:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE COULD

                    GO TO PAGE NUMBER 6, CALENDAR NO. 79 ON DEBATE, MR. AUBRY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A03974, CALENDAR NO.

                    79, AUBRY, ORTIZ, GOTTFRIED, HEVESI, WEPRIN, STECK, BRONSON, BARRETT,

                    PRETLOW, LIFTON, BLAKE, ZEBROWSKI, SIMOTAS, PERRY, ROZIC, DE LA

                    ROSA, COOK, PEOPLES-STOKES, CAHILL, BICHOTTE, QUART, JAFFEE, STIRPE,

                    MOSLEY, FAHY, CRESPO.  AN ACT TO AMEND THE PENAL LAW AND THE

                    CRIMINAL PROCEDURE LAW, IN RELATION TO SENTENCING AND RESENTENCING IN

                                          8



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    DOMESTIC VIOLENCE CASES.

                                 ACTING SPEAKER PICHARDO:  AN EXPLANATION IS

                    REQUESTED, MR. AUBRY.

                                 CAN WE GET QUIET IN THE CHAMBERS, PLEASE?  WE'RE ON

                    DEBATE MEMBERS.  ONE SECOND, MR. AUBRY.

                                 PROCEED, SIR.

                                 MR. AUBRY:  THANK YOU SO MUCH, MR. SPEAKER.

                    THIS BILL WOULD PROVIDE A JUDGE WITH DISCRETION IN SENTENCING AND

                    RESENTENCING DOMESTIC VIOLENCE SURVIVORS WHO ARE CONVICTED OF CERTAIN

                    CRIMES WHERE DOMESTIC VIOLENCE WAS A SIGNIFICANT CONTRIBUTING FACTOR

                    IN THEIR CRIMINAL BEHAVIOR.  IN ORDER TO BE ELIGIBLE FOR THIS

                    CONSIDERATION, A JUDGE MUST DETERMINE THAT THE SURVIVOR WAS SUBJECT TO

                    DOMESTIC VIOLENCE AT THE TIME OF THE OFFENSE; THE ABUSE WAS A

                    SIGNIFICANT CONTRIBUTING FACTOR TO THE CRIME; AND ANY OTHER SENTENCE

                    WOULD BE UNDULY HARSH AND EXCESSIVE.  THE BILL ALSO PERMITS

                    INDIVIDUALS CURRENTLY SERVING A SENTENCE OF EIGHT YEARS OR MORE TO

                    APPLY FOR RESENTENCING.  CERTAIN CONVICTIONS ARE NOT ELIGIBLE FOR

                    ALTERNATIVE SENTENCE, SUCH AS AGGRAVATED MURDER, FIRST DEGREE MURDER,

                    ACTS OF TERRORISM AND ANY OFFENSE THAT REQUIRES REGISTRATION AS A SEX

                    OFFENDER.  THIS BILL HAS PASSED THE ASSEMBLY IN 2016, 2017 AND 2018,

                    THE FOURTH BEING A CHARM.

                                 ACTING SPEAKER PICHARDO:  MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER PICHARDO:  DO YOU YIELD,

                                          9



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    SIR?

                                 MR. AUBRY:  TO MR. RA, CERTAINLY.

                                 ACTING SPEAKER PICHARDO:  THE SPONSOR

                    YIELDS.

                                 MR. RA:  GOOD TO SEE YOU DOWN HERE ON THE FLOOR,

                    GETTING A LITTLE BREAK.

                                 MR. AUBRY:  WE'RE ALWAYS THE SAME SIZE, MR. RA.

                                 (LAUGHTER)

                                 MR. RA:  THANK YOU.  SO JUST GOING THROUGH THIS BILL,

                    AND I KNOW WE'VE DEBATED THIS IN THE PAST.  UNDER CURRENT LAW, I

                    BELIEVE THERE ARE SOME OPPORTUNITIES FOR VICTIMS OF DOMESTIC VIOLENCE

                    TO HAVE A REDUCED SENTENCE THAT WERE -- THAT WERE PUT INTO LAW A FEW

                    YEARS BACK, BUT THIS EXPENDS THAT.  THOSE, I BELIEVE, ONLY APPLY IN

                    CURRENT LAW.  IT'S ONLY IF THE VICTIM OF DOMESTIC VIOLENCE COMMITS A

                    CRIME AGAINST THEIR ABUSER, CORRECT?

                                 MR. AUBRY:  THAT'S RIGHT.

                                 MR. RA:  AND UNDER THE PROVISIONS OF THIS, IT -- IT

                    WOULD NO LONGER REALLY BE MATERIAL WHO THE -- WHO THE VICTIM OF

                    DOMESTIC VIOLENCE COMMITS AN OFFENSE AGAINST?

                                 MR. AUBRY:  YES, THAT'S RIGHT.

                                 MR. RA:  OKAY.  SO IT CAN BE ANY THIRD-PARTY,

                    SOMEBODY NOT INVOLVED IN THE ABUSE, CORRECT?

                                 MR. AUBRY:  THAT'S RIGHT.

                                 MR. RA:  OKAY.

                                 SO, IT COULD BE ANY -- ANY THIRD-PARTY, SOMEBODY NOT

                                         10



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    INVOLVED IN THE ABUSE.

                                 MR. AUBRY:  THAT'S CORRECT.

                                 MR. RA:  OKAY.  SO IN TERMS OF PROVING THE ABUSE.

                    WHAT -- WHAT IS THE PROCEDURE FOR THE -- FOR THE VICTIM OF DOMESTIC

                    VIOLENCE?  DOES THERE HAVE TO BE FORMAL DOCUMENTATION, FORMAL

                    CHARGES HAVING BEEN FILED REGARDING THE DOMESTIC VIOLENCE?  HOW DO

                    THEY GO ABOUT PROVING THAT THEY ARE A VICTIM OF DOMESTIC VIOLENCE?

                                 MR. AUBRY:  THERE ARE THREE TESTS THAT HAS TO BE

                    REQUIRED.  THE APPLICATION FOR THIS -- AND, AGAIN, THIS IS -- GIVES THE

                    JUDGE THE DISCRETION TO PROVIDE THIS RELIEF.  THAT -- THIS IS NOT AN

                    AUTOMATIC SITUATION.  THIS GIVES THE JUDGE AN OPPORTUNITY TO LOOK AT THE

                    EVIDENCE THAT WILL BE PROVIDED TO DETERMINE WHETHER RELIEF SHOULD BE

                    GRANTED OR NOT.  ONE FORM OF THE EVIDENCE TO BE PROVIDED IS A COURT

                    RECORD, A SOCIAL SERVICE RECORD, HOSPITAL RECORD, SWORN STATEMENT FROM

                    A WITNESS OF THE DOMESTIC VIOLENCE, LAW ENFORCEMENT RECORD OR AN

                    ORDER OF PROTECTION OR DOMESTIC INCIDENT REPORT.

                                 MR. RA:  OKAY.  AND THEN ONCE -- ONCE THEY'VE --

                    ONCE THE COURT HAS DETERMINED THAT THE PERSON IS A VICTIM OF DOMESTIC

                    VIOLENCE AND QUALIFIES FOR THIS REDUCED SENTENCE, WHAT -- WHAT IS THE

                    SENTENCING RANGE FOR THAT INDIVIDUAL THEN?

                                 MR. AUBRY:  IT WOULD DEPEND ON THE TYPE OF CRIME.

                    AGAIN, WE'RE LEAVING THAT TO THE JUDGE TO MAKE THAT DETERMINATION.

                    LOOKING AT THIS -- INDIVIDUAL CASES AS THESE KIND OF CASES ARE GOING TO

                    BE INDIVIDUALLY LOOKED AT.

                                 MR. RA:  NOW, IS IT CORRECT, THOUGH, THAT ONCE THE

                                         11



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    PERSON IS DEEMED TO HAVE QUALIFIED BY -- BY THE JUDGE THAT THEY THEN

                    CAN BE -- ESSENTIALLY THE MINIMUM SENTENCE BECOMES THE MAXIMUM

                    THEY CAN BE SENTENCED TO?

                                 MR. AUBRY:  RIGHT.  IT DOES REDUCE THE SENTENCES

                    GREATLY, BUT THE JUDGE HAS THE DISCRETION TO ESTABLISH THAT.  WE'RE NOT --

                    WE ARE EMPOWERING THE JUDGE IN THIS CASE, NOT COMMANDING THE JUDGE.

                                 MR. RA:  OKAY.  NOW IS THERE ANY REQUIREMENT,

                    BECAUSE I KNOW THIS DEALS BOTH WITH SENTENCING AND, I GUESS,

                    RESENTENCING.  IS THERE ANY REQUIREMENT THAT THE INDIVIDUAL HAVE RAISED

                    A DEFENSE OF DURESS OR -- OR HAVE RAISED THE DOMESTIC VIOLENCE AT THE

                    TIME OF THEIR TRIAL?

                                 MR. AUBRY:  NO.  AND WE DO UNDERSTAND THAT THIS

                    IS AN EVOLVING CIRCUMSTANCE IN OUR SOCIETY.  PEOPLE FOR MANY YEARS DID

                    NOT REPORT DOMESTIC VIOLENCE, DID NOT RECORD IT, AFRAID THAT THEY WOULD

                    BE TREATED DIFFERENTLY.  AND SO, WE'RE RECOGNIZING THIS EVOLVING

                    CIRCUMSTANCE FOR THE DOMESTIC VIOLENCE, MUCH AS WE HAVE IN OTHER SETS

                    OF CIRCUMSTANCES WHERE WE THINK THAT INDIVIDUALS HAVE BEEN IMPEDED

                    FROM SHINING A PUBLIC LIGHT ON THEIR PRIVATE LIVES.

                                 MR. RA:  OKAY.  NOW YOU MENTIONED EARLIER THAT

                    THERE ARE CERTAIN EXCEPTIONS IN TERMS OF CRIMES THAT THIS WOULD NOT

                    APPLY TO, BUT THERE ARE SOME VIOLENT OFFENSES THAT THIS STILL WOULD APPLY

                    TO LIKE MANSLAUGHTER, FIRST DEGREE ASSAULT, BATTERY, ROBBERY; IT WOULD

                    APPLY TO THOSE CRIMES?

                                 MR. AUBRY:  YES AND, AGAIN, BECAUSE WE'RE GIVING

                    THE JUDGE DISCRETION, HE OR SHE CAN LOOK AT THOSE ISSUES AND DETERMINE

                                         12



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    WHETHER OR NOT ELIGIBILITY HAS BEEN MET AND WHETHER IT'S IN THE INTEREST

                    OF JUSTICE.

                                 MR. RA:  OKAY.  AND ONE OF THE OBJECTIONS THAT'S

                    BEEN RAISED, YOU KNOW, I HAVE A MEMO REGARDING THIS FROM THE DISTRICT

                    ATTORNEY'S ASSOCIATION TALKING ABOUT THE PROVISION, WHICH I BELIEVE IS

                    ON PAGE 3, THAT REFERENCES SECTION 70.6 IN -- IN THE PENAL LAW WHICH

                    APPLIES WHEN THERE'S PRIOR FELONY CONVICTIONS FOR A FELONY OFFENSE.  SO,

                    THIS WOULD -- THIS WOULD APPLY IN THOSE CIRCUMSTANCES, AS WELL?

                                 MR. AUBRY:  SO, AGAIN, CERTAINLY THE JUDGE LOOKS AT

                    THAT TO DETERMINE WHETHER OR NOT THIS IS APPROPRIATE FOR THAT INDIVIDUAL

                    CASE.

                                 MR. RA:  NOW CURRENTLY MY UNDERSTANDING IS UNDER

                    THOSE CIRCUMSTANCES THE SENTENCING WOULD BE BETWEEN EIGHT AND 25

                    YEARS.  UNDER THIS BILL, IT WOULD BE THREE -- BETWEEN THREE AND EIGHT?

                                 MR. AUBRY:  THAT IS CORRECT, BUT, AGAIN, THE BILL IS

                    SUBJECT TO THE DISCRETION OF THE JUDGE.

                                 MR. RA:  OKAY.  AND THEN THERE'S ONE OTHER PIECE OF

                    TERMINOLOGY WITH REGARD TO THESE HEARINGS THAT -- THAT I DID WANT TO GET

                    INTO.  SO -- THE BILL ON PAGE 5, LINES 36 AND 37, AND THIS WAS SOMETHING

                    WE DISCUSSED IN THE CODES COMMITTEE, REFERS TO "RELIABLE HEARSAY."  I

                    WASN'T FAMILIAR WITH THAT TERM.  THE CODES COMMITTEE STAFF WAS ABLE TO

                    PROVIDE A LITTLE BIT OF INFORMATION REGARDING THERE BEING OTHER

                    REFERENCES TO THIS -- THIS TERM WITHIN THE LAW AND A COUPLE OF THEM I

                    FOUND WERE WITH REGARD TO SENTENCING, I THINK ONE WAS FOR -- ONE WAS

                    FOR MURDER 1'S, I BELIEVE -- IS THERE A DEFINITION FOR WHAT THAT IS?

                                         13



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. AUBRY:  NO.  WE'RE NOT -- WE'RE NOT LOOKING AT

                    A DEFINITION, BUT CASE LAW HAS ESTABLISHED THAT IT HAS BEEN USED.

                    PARTICULARLY I'M AWARE OF PEOPLE GOING TO WILLARD AS A PART OF A DRUG

                    REHABILITATION PROGRAM, WHERE IT HAS BEEN USED IN ORDER TO ESTABLISH A

                    PRIOR ADDICTION THAT WOULD REQUIRE THAT KIND OF TREATMENT.

                                 MR. RA:  OKAY, SO -- BUT, IS THE TERM "RELIABLE

                    HEARSAY" AS USED HERE, THIS IS SOMETHING DIFFERENT THAN THE EXCEPTIONS

                    TO THE RULE AGAINST HEARSAY THAT WOULD BE APPLICABLE IN AN ORDINARY,

                    YOU KNOW, CRIMINAL TRIAL, CORRECT?

                                 MR. AUBRY:  THAT IS CORRECT.

                                 MR. RA:  OKAY.  THANK YOU.  I MEAN, DO YOU HAVE

                    ANY EXAMPLE OF WHAT WOULD CONSTITUTE "RELIABLE HEARSAY"?

                                 MR. AUBRY:  COUNSEL TELLS ME AN OUT-OF-COURT

                    WITNESS STATEMENT THAT WAS TAKEN UNDER OATH.

                                 MR. RA:  OKAY.  THANK YOU VERY MUCH, MR. -- MR.

                    AUBRY.

                                 MR. AUBRY:  THANK YOU, MR. RA.

                                 MR. RA:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. RA:  THANK YOU.  I THINK, YOU KNOW, WE ALL

                    RECOGNIZE AND, YOU KNOW, WE OFTEN EACH YEAR DO PACKAGES OF BILLS

                    RELATING TO DOMESTIC VIOLENCE AND -- AND CERTAINLY OVER THE YEARS WE'VE

                    LEARNED MORE ABOUT THE IMPACT, YOU KNOW, THAT THAT ABUSE HAS -- HAS ON

                    A VICTIM.  AND ACTING ACCORDINGLY, ABOUT 20 YEARS AGO THIS -- THIS

                    LEGISLATURE DID PUT SOME PROVISIONS IN TO ALLOW REDUCED SENTENCES

                                         14



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    WHERE SOMEBODY WHO HAS BEEN ABUSED COMMITS A CRIME AGAINST THEIR

                    ABUSER.  THIS IS GREATLY EXPANDING THAT TO A CRIME THAT COULD BE

                    COMMITTED AGAINST A COMPLETELY INNOCENT THIRD-PARTY THAT HAS NOTHING

                    TO DO WITH THE ABUSE.

                                 YOU KNOW, OUR JUDICIAL SYSTEM IS SET UP TO GIVE SOME

                    DISCRETION TO JUDGES AND THEY CERTAINLY WOULD HAVE THE ABILITY TO

                    CONSIDER THESE SITUATIONS UNDER CURRENT LAW AND -- AND GIVE, YOU KNOW,

                    A SENTENCE ON THE LOWER END OF -- OF THE GUIDELINES AS OPPOSED TO ON

                    THE HIGHER END FOR SOMEBODY WHO HAD BEEN -- WHO HAD BEEN A -- THE

                    VICTIM OF DOMESTIC VIOLENCE.  THE -- THE PROBLEM WE HAVE HERE IS THAT

                    WE END UP IN A SITUATION WHERE AN INDIVIDUAL WHO HAS BEEN THE VICTIM

                    OF A CRIME MIGHT NOT REALLY BE ABLE TO GET JUSTICE FOR THE CRIME THAT WAS

                    COMMITTED AGAINST THEM BASED ON WHO THE PERPETRATOR WAS.

                                 SO I THINK THAT THIS IS WELL-INTENTIONED.  AGAIN, I THINK

                    THAT IT'S IMPORTANT THAT WE -- WE TAKE ACTION WHENEVER WE CAN TO HELP

                    PROTECT VICTIMS OF DOMESTIC VIOLENCE, BUT -- BUT I THINK THAT THERE IS A

                    THIRD PARTY WHO MIGHT BE A VICTIM OF A CRIME THAT -- THAT SUDDENLY IS

                    NOT ABLE TO GET JUSTICE FOR THE CRIME COMMITTED AGAINST THEM.  AND I

                    THINK THERE'S ADEQUATE RECOURSE AND FLEXIBILITY WITHIN THE CURRENT

                    SYSTEM WHERE A JUDGE COULD JUST CHOOSE TO IMPOSE, YOU KNOW,

                    SOMETHING AT THE LOWER END OF THE RANGE HAVING CONSIDERED THESE

                    FACTORS.  I THINK THIS MAY BE GOING A STEP TOO FAR GIVEN THAT THERE'S A

                    THIRD PARTY WHO IS A VICTIM HERE.  AND THAT'S WHY MYSELF AND I KNOW

                    MANY OTHERS WILL BE CASTING OUR VOTE IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MR. GOODELL.

                                         15



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. GOODELL:  THANK YOU, SIR.  THANK YOU FOR THE

                    COLLOQUY BETWEEN OUR COLLEAGUES WHICH WAS VERY HELPFUL IN EXPLAINING

                    THE ACTUAL DETAILS OF THIS BILL.  I'M -- MY VIEW IS A LITTLE BIT, IF YOU WILL,

                    A BROADER PICTURE.  IT SEEMS TO ME THAT THE PURPOSE OF OUR CRIMINAL LAWS

                    AND OUR SENTENCING GUIDELINES IS AT LEAST THREE-FOLD.  FIRST, WE WANT THE

                    POTENTIAL SENTENCE TO BE A DETERRENT TO CRIMINALS SO HOPEFULLY THEY

                    REFRAIN FROM VICTIMIZING INNOCENT PEOPLE.  WE WANT PEOPLE TO THINK

                    TWICE BEFORE THEY BREAK INTO OUR HOUSE OR PULL OUT A GUN OR ASSAULT

                    SOMEONE OR SHOOT SOMEONE, OR EVEN BEAT UP SOMEBODY ELSE.  SO, A

                    DETERRENT IS CERTAINLY A MAJOR FACTOR.

                                 SECOND, THERE'S A PUNISHMENT ASPECT.  IF SOMEONE

                    COMES IN AND STEALS YOUR PROBABLY OR DESTROYS YOUR PROPERTY OR ATTACKS

                    YOUR SPOUSE OR SHOOTS YOU OR BEATS YOU UP OR HOLDS YOU UP AT

                    KNIFEPOINT OR GUNPOINT, WE WANT THAT PERSON TO BE PUNISHED SO THAT

                    THEY WON'T DO IT AGAIN, SO THAT OTHER INNOCENT PEOPLE AREN'T VICTIMIZED.

                    AND THE THIRD REASON IT OCCURS TO ME IS THERE'S A PREVENTION ASPECT.

                    THERE ARE SOME PEOPLE OUT THERE, FACE IT, THAT ARE DANGEROUS PEOPLE,

                    THAT WE DON'T WANT THEM OUT IN THE STREETS VICTIMIZING OUR SENIOR

                    CITIZENS OR OUR KIDS OR ANYONE ELSE.  WE WANT THEM OFF THE STREET.

                                 SO, HOW DOES THIS BILL STACK UP AGAINST THOSE

                    OBJECTIVES?  IT SAYS IF YOU'RE A VICTIM OF DOMESTIC ABUSE AND YOU ATTACK

                    AN INNOCENT THIRD PARTY, YOU HOLD UP A LIQUOR STORE, YOU SHOOT SOMEONE

                                         16



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    ELSE, YOU BEAT SOMEONE ELSE UP, YOU ROB SOMEONE, YOU BREAK INTO THE

                    HOUSE; IF YOU'RE A VICTIM, THIS BILL SAYS, WELL, WE DON'T NEED TO WORRY SO

                    MUCH ABOUT DETERRENTS, WE'LL GIVE YOU -- YOUR MAXIMUM SENTENCE COULD

                    BE THE MINIMUM FOR EVERYONE ELSE.  AND HOW DOES THAT DEAL WITH

                    DETERRENTS?  HOW DOES THAT DEAL WITH PUNISHMENT?  HOW DOES THAT DEAL

                    WITH PREVENTION?

                                 I'M VERY SYMPATHETIC, AS EVERYONE IN THIS ROOM IS,

                    WE'RE ALL SYMPATHETIC TO THE PLIGHT OF ABUSED PEOPLE, MEN AND WOMEN

                    WHO SUFFERED TRAUMA WHEN THEY WERE YOUNG OR THEY'RE GROWING UP OR

                    THEY'RE IN AN ABUSIVE RELATIONSHIP.  IT'S TOUCHED MY FAMILY, TOO, BUT THAT

                    DOESN'T GIVE THE RIGHT FOR ME OR ANY MEMBER OF MY FAMILY TO COMMIT A

                    VIOLENT CRIME AGAINST SOME THIRD PARTY AND GET A REDUCED SENTENCE.  FOR

                    THAT REASON, WHILE I'M SYMPATHETIC TO THAT PLIGHT OF THOSE WHO SUFFER

                    FROM DOMESTIC ABUSE AND WOULD CERTAINLY SUPPORT EVERYTHING

                    REASONABLE THAT WE CAN DO TO HELP THEM, WE SHOULDN'T OPEN THE DOOR TO

                    A LOWER SENTENCE, LESS DETERRENTS, LESS PUNISHMENT AND LESS PREVENTION

                    WHEN IT COMES TO INNOCENT THIRD PARTIES THAT HAVE NOTHING WHATSOEVER

                    TO DO WITH THAT ABUSIVE SITUATION, JUST HAD THE MISFORTUNE OF HAVING A

                    CRIMINAL INTERACTION WITH SOMEONE WHO WAS ABUSED BY SOMEONE ELSE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                         17



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. AUBRY TO EXPLAIN HIS VOTE.

                                 MR. AUBRY:  CERTAINLY, TO EXPLAIN MY VOTE, MR.

                    SPEAKER.

                                 FIRST, I WANT TO COMMEND THOSE WHO HAVE WORKED SO

                    DILIGENTLY ON THIS BILL.  THEY'RE HERE IN OUR CHAMBER TODAY.  THIS HAS

                    BEEN A LONG, LONG JOURNEY ON THEIR PART TO FIND JUSTICE.  AND I CAN'T SAY

                    JUST SYMPATHY, BUT THE ABILITY FOR OUR JUSTICE SYSTEM TO RECOGNIZE THIS

                    SCOURGE ON OUR SOCIETY.  DOMESTIC VIOLENCE IS JUST THAT, A SCOURGE ON

                    OUR SOCIETY.  AND PEOPLE DO GET PUNISHED AND WILL BE PUNISHED EVEN

                    WHEN THAT HAS BEEN A FACTOR, BUT WE WANT OUR SYSTEM TO BE ABLE TO LOOK

                    AT THE FACTS OF A CASE, PARTICULARLY FOR THOSE -- THERE ARE SOME PEOPLE

                    WHO HAVE BEEN IN JAIL A VERY LONG TIME, IN PRISON A LONG TIME WHEN THIS

                    WAS NOT SUCH A PREVALENT ISSUE, WHEN THEY COULDN'T INTRODUCE THIS AS A

                    FACTOR IN THEIR CASE.  AND THIS BILL ALLOWS THAT TO HAPPEN FOR THOSE WHO

                    MAY FACE THIS, BUT ALSO, INDIVIDUALS WHO HAVE FACED IT IN THE PAST.

                                 THE -- WE'VE HAD MEMOS OF SUPPORT AND MEMOS OF

                    DISAPPROVAL, BUT FROM THE CITY BAR -- THE CITY BAR SUPPORTS THE

                    DOMESTIC VIOLENCE SURVIVORS ACT WHICH WOULD AMEND NEW YORK'S

                    PENAL AND CRIMINAL PROCEDURE LAW TO GIVE GREATER DISCRETION TO JUSTICE

                    -- TO JUDGES WHEN SENTENCING DEFENDANTS WHO ARE SURVIVORS OF

                    DOMESTIC VIOLENCE AND WOULD PERMIT CERTAIN SURVIVOR DEFENDANTS TO

                    PETITION THE COURT POST-CONVICTION FOR ALLEVIATING RESENTENCING; THE

                    DEFENDANT AT THE TIME OF THE OFFENSE WAS A VICTIM OF DOMESTIC VIOLENCE

                    SUBJECT TO SUBSTANTIAL, PHYSICAL, SEXUAL OR PSYCHOLOGICAL ABUSE INFLICTED

                                         18



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN THE

                    CRIMINAL PROCEDURE LAW; THE ABUSE WAS A SIGNIFICANT CONTRIBUTING

                    FACTOR TO THE DEFENDANT'S CRIMINAL BEHAVIOR AND THE SENTENCE WITHIN THE

                    GENERALLY APPLICABLE STATUTORY RANGE WOULD BE UNDULY HARSH.

                                 AND THAT'S WHY WE DO THIS, LADIES AND GENTLEMEN, AND

                    HAVE CARRIED THIS BILL FOR MANY YEARS.  I THINK I HAD NO GRAY HAIR AT THE

                    TIME WE STARTED, BUT I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. AUBRY IN THE

                    AFFIRMATIVE.

                                 MR. WEPRIN TO EXPLAIN HIS VOTE.

                                 MR. WEPRIN:  THANK YOU, MR. SPEAKER.  I WANT TO

                    PRAISE THE SPONSOR FOR PERSEVERING ON THIS BILL FOR MANY YEARS.  I THINK

                    THIS MAY BE THE FIRST TIME THAT IT'S ACTUALLY GOING TO PASS THE SENATE AND

                    BE SIGNED BY THE GOVERNOR.  THE GOVERNOR DID PROPOSE SOMETHING

                    SIMILAR IN HIS BUDGET, BUT I -- I PREFER THIS PARTICULAR APPROACH.  IT ONLY

                    GIVES DISCRETION TO THE JUDGES TO -- TO RESENTENCE; IT DOESN'T MANDATE IT.

                    BUT IT CERTAINLY IS A VERY WORTHWHILE AND COMPREHENSIVE PIECE OF

                    LEGISLATION THAT THE SPONSOR HAS WORKED ON FOR MANY YEARS AND I

                    STRONGLY SUPPORT IT AND I WITHDRAW MY REQUEST AND VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. WEPRIN IN

                    THE AFFIRMATIVE.

                                 MR. BARRON TO EXPLAIN HIS VOTE.

                                 MR. BARRON:  I JUST WANTED TO THANK THE SPONSOR

                    FOR THIS BILL.  I'VE KNOWN SEVERAL WOMEN THAT WERE IN THIS PREDICAMENT

                                         19



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    AND SOMETIMES PEOPLE SAY TO WOMEN, OH, JUST GO GET AN ORDER OF

                    PROTECTION.  AND THEN THE POLICE WILL TELL THE WOMAN, YEAH, WE HAVE TO

                    WAIT FOR HIM TO DO SOMETHING BEFORE WE CAN DO ANYTHING WITH THE ORDER

                    OF PROTECTION.  SO SOMETIMES THESE VICTIMS ARE NOT PROTECTED AND WHEN

                    PEOPLE HAVE SOMETIMES COMMIT DESPERATE ACTS FOR WHATEVER REASONS,

                    THAT THEY SHOULD BE RECONSIDERED.  THEY SHOULD BE PUT ON THE HIGHEST OF

                    RECONSIDERATION AND SENSITIVITY BECAUSE WE DON'T KNOW WHAT IT MEANS

                    EMOTIONALLY AND PHYSICALLY TO BE A VICTIM OF DOMESTIC VIOLENCE.  SO, I

                    AM GLAD THAT I COULD SUPPORT THIS BILL AND I'M GLAD THAT THE SPONSOR

                    CAME FORWARD WITH IT.  THERE HAVE TO BE MANY, MANY VICTIMS OF

                    DOMESTIC VIOLENCE THAT HAVE TO BE APPLAUDING YOU TODAY.  SO, I THANK

                    YOU FOR THIS AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. BARRON IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS ONCE AGAIN TO

                    INTRODUCE SOME GUESTS OUR COLLEAGUE, REBECCA SEAWRIGHT, HAS IN THE

                    CHAMBERS TODAY.  THERE'S HOWARD AXEL.  HOWARD IS THE CHIEF

                    EXECUTIVE OFFICER OF FOUR FREEDOMS PARK CONSERVANCY.  ALONG WITH

                    MR. AXEL IS ROBERT KAFIN.  HE'S THE CHAIR OF THE GARDEN TEACH

                                         20



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    RECYCLE AND GREENMARKET, GROWNYC.  WOULD YOU PLEASE WELCOME

                    THEM BOTH TO THE CHAMBERS, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON BEHALF OF MS.

                    SEAWRIGHT, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE TO

                    THE NEW YORK STATE ASSEMBLY, TO THE PEOPLE'S HOUSE.  WE EXTEND TO

                    YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOUR TRIP TO ALBANY WILL BE

                    BENEFICIAL AND THAT YOU ENJOY THE PROCEEDINGS OF THE HOUSE.  THANK

                    YOU SO VERY MUCH.  YOU KNOW YOU'RE ALWAYS WELCOME.  THANK YOU.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  IF WE COULD CONTINUE OUR

                    WORK TODAY ON PAGE 9, RULES REPORT NO. 23, AMY PAULIN ON DEBATE,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02686-A, RULES

                    REPORT NO. 23, PAULIN, HEASTIE, LENTOL, PEOPLES-STOKES, ABINANTI,

                    ENGLEBRIGHT, JAFFEE, L. ROSENTHAL, GALEF, COOK, ORTIZ, CYMBROWITZ,

                    DINOWITZ, WEPRIN, FAHY, BRAUNSTEIN, MOSLEY, BUCHWALD, STECK,

                    COLTON, ROZIC, SEAWRIGHT, LAVINE, CRUZ, FRONTUS, GRIFFIN, JACOBSON,

                    PICHARDO, REYES, SAYEGH, STERN, D. ROSENTHAL, BLAKE, RAMOS,

                    FERNANDEZ.  AN ACT TO AMEND THE PENAL LAW AND THE GENERAL BUSINESS

                    LAW, IN RELATION TO STORAGE OF FIREARMS; AND TO REPEAL SECTION 2 OF

                    CHAPTER 19 OF THE LAWS OF 2019 AMENDING THE CIVIL PRACTICE LAW AND

                    RULES AND THE PENAL LAW RELATING TO ESTABLISHING EXTREME RISK

                                         21



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    PROTECTION ORDERS AS COURT-ISSUED ORDERS OF PROTECTION PROHIBITING A

                    PERSON FROM PURCHASING, POSSESSING OR ATTEMPTING TO PURCHASE OR

                    POSSESS A FIREARM, RIFLE OR SHOTGUN, RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. PAULIN.

                                 MS. PAULIN:  WITH PLEASURE.  THE BILL REQUIRES GUN

                    OWNERS TO SAFELY STORE THEIR GUNS AND REQUIRES SELLERS TO POST A NOTICE

                    ABOUT THAT REQUIREMENT.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  THANK

                    YOU, MS. PAULIN.  WOULD YOU YIELD FOR QUESTIONS?

                                 MS. PAULIN:  ABSOLUTELY.

                                 ACTING SPEAKER AUBRY:  MS. PAULIN YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH.  MS. PAULIN,

                    FIRST I WANT TO JUST WALK THROUGH THE BILL A LITTLE BIT SO WE ALL KNOW WHAT

                    WE'RE TALKING ABOUT.  THIS BILL APPLIES TO ANY RIFLE, SHOTGUN OR FIREARM;

                    IS THAT CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  AND WOULD THAT THEN INCLUDE ALSO

                    ANTIQUE FIREARMS?

                                 MS. PAULIN:  NO, IT DOES NOT.

                                 MR. GOODELL:  SO AN ANTIQUE RIFLE IS NOT A RIFLE?

                                 MS. PAULIN:  AN ANTIQUE RIFLE IS DEFINED SEPARATELY

                    IN THE LAW, SO WE DIDN'T INCLUDE IT IN THE DEFINITIONS OF THOSE THAT WOULD

                    NEED TO BE SAFELY STORED.

                                         22



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. GOODELL:  WHAT ABOUT AN INOPERATIVE RIFLE OR

                    SHOTGUN OR PISTOL?

                                 MS. PAULIN:  INOPERATIVE MEANING --

                                 MR. GOODELL:  IT'S MISSING A FIRING PIN OR A TRIGGER

                    OR SOME OTHER CRITICAL COMPONENT.

                                 MS. PAULIN:  I DON'T KNOW.  HOLD ON.  OKAY.  I AM

                    BEING TOLD THAT IF IT'S NOT OPERABLE, IT DOESN'T CLASSIFY AS AN -- AS A

                    FIREARM.

                                 MR. GOODELL:  BUT THIS BILL DOESN'T CLARIFY THAT,

                    RIGHT?  YOU'D HAVE TO LOOK SOMEWHERE ELSE FOR THAT ANSWER?

                                 MS. PAULIN:  YES, YOU'D HAVE TO LOOK IN THE

                    DEFINITION OF "FIREARMS."

                                 MR. GOODELL:  NOW THIS APPLIES TO ANY PERSON

                    WHO OWNS OR IS A CUSTODIAN OF A RIFLE, SHOTGUN OR PISTOL, CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  SO IF THERE'S A RIFLE, SHOTGUN OR

                    PISTOL IN YOUR HOUSE AND YOU'RE NOT THE OWNER OF IT AND YOU'RE NOT THE

                    CUSTODIAN, THEN YOU HAVE NO LEGAL LIABILITY?

                                 MS. PAULIN:  WAIT.  SAY THAT ONE MORE TIME.

                                 MR. GOODELL:  CERTAINLY.  SO IF YOU'RE -- IF THERE'S

                    A FIREARM IN YOUR HOME, BUT IT'S NOT YOURS, YOU DON'T OWN IT AND YOU

                    DON'T HAVE LEGAL CUSTODY OF IT, THEN THIS BILL WOULD NOT APPLY TO YOU,

                    CORRECT?

                                 MS. PAULIN:  YOU MEAN IF YOU STOLE IT OR...

                                 MR. GOODELL:  WELL, I MEAN, YOUR BILLS SAYS, "NO

                                         23



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    PERSON WHO OWNS OR IS CUSTODIAN."

                                 MS. PAULIN:  I THINK THAT WE -- CUSTODY IN THIS CASE

                    IS NOT LEGAL CUSTODY OF THE GUN.  IT'S -- IT'S ACTUAL CUSTODY, HAVING IT IN

                    YOUR POSSESSION.

                                 MR. GOODELL:  PHYSICAL CUSTODY.

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  I SEE YOU HAVE A PROVISION THAT

                    EXEMPTS THOSE WHO ARE UNDER THE AGE OF 16 FROM HAVING A RIFLE OR

                    SHOTGUN IN THEIR POSSESSION IF THEY ALSO HAVE A HUNTING LICENSE,

                    CORRECT?

                                 MS. PAULIN:  IF THEY HAVE A HUNTING LICENSE, THEN

                    THEY ARE EXEMPTED FROM THE -- FROM THE REQUIREMENT OF THE -- THE FIRST

                    REQUIREMENT WHICH SAYS, ESSENTIALLY, THAT UNDER 16 THEY'D BE SUBJECT TO

                    A MISDEMEANOR IF THEY DIDN'T SAFELY STORE.  THEY WOULD BE EXEMPTED

                    FROM THAT PROVISION.

                                 MR. GOODELL:  NOW UNDER CURRENT LAW, IS THERE

                    ANY PROVISION THAT PROHIBITS A 17- -- I'M SORRY, A 12-, 13-, 14-,

                    15-YEAR-OLD FROM OWNING A GUN, A RIFLE, IN PARTICULAR.  I UNDERSTAND YOU

                    CAN'T GET A PISTOL PERMIT UNLESS YOU'RE AT LEAST 18 IF YOU'RE IN THE

                    MILITARY, 21 IF YOU'RE NOT, BUT WHAT ABOUT A RIFLE OR A SHOTGUN?  CAN A

                    12-YEAR-OLD WHO'S ALLOWED TO HUNT, CAN HE ALSO OWN HIS OWN GUN?

                                 MS. PAULIN:  RIGHT.  YOU HAVE TO BE 18 TO BUY ONE,

                    SO I'M NOT EXACTLY SURE HOW SOMEBODY WHO WAS UNDER 18 WOULD OWN

                    ONE.

                                 MR. GOODELL:  A RIFLE?  YOU MEAN LIKE THEIR

                                         24



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    PARENTS DIDN'T GIVE IT TO THEM OR THEY DIDN'T INHERIT IT OR ANYTHING LIKE

                    THAT?

                                 MS. PAULIN:  WELL, YOU KNOW, I MEAN, I THINK THE

                    BILL'S VERY CLEAR.  IF THEY WERE A 12-YEAR-OLD AND THEY OWNED IT, IT

                    WOULD -- IT WOULD HAVE TO BE BECAUSE SOMEONE GAVE IT TO THEM, LIKE A

                    GRANDFATHER OR SOMETHING LIKE THAT.  IT WOULD HAVE TO BE SAFELY STORED.

                    I MEAN, THERE WOULDN'T BE AN ABILITY FOR THEM TO -- UNLESS THEY HAD A

                    HUNTING LICENSE TO BE EXEMPTED FROM THIS LAW.

                                 MR. GOODELL:  NOW THIS BILL IS A TRIGGERED BY A

                    TEMPORARY AS WELL AS A FINAL EXTREME RISK ORDER OF PROTECTION,

                    CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  NOW, THE TEMPORARY EXTREME RISK

                    ORDER OF PROTECTION IS ISSUED IN AN EX PARTE PROCEEDING; AM I CORRECT?

                                 MS. PAULIN:  I WISH I KNEW THAT BETTER.  I BELIEVE --

                    YES, IT COULD BE.

                                 MR. GOODELL:  AND "EX PARTE" MEANS THE OWNER OF

                    THE GUN ISN'T EVEN THERE, MAY NOT EVEN BE NOTIFIED, RIGHT, THAT'S THE

                    NATURE OF AN EX PARTE PROCEEDING.  SO MY QUESTION IS, HOW CAN WE

                    IMPOSE RESTRICTIONS ON POSSESSION OR THE SAFE STORAGE BASED ON A

                    TEMPORARY ORDER WHERE NOT EVEN THE DEFENDANT IS NOTIFIED OF THE

                    EXISTENCE OF THE TEMPORARY PROCEEDING?

                                 MS. PAULIN:  SO THE REASON WE ADDED IT IN IS

                    BECAUSE IT ALREADY BECAME LAW IN THE OTHER BILL THAT WE PASSED IN THIS

                    HOUSE.  SO, IT'S JUST TO CLARIFY THIS LAW THAT WE'VE ALREADY ADOPTED INTO

                                         25



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    LAW IN ANOTHER PLACE.

                                 MR. GOODELL:  CAN WE TALK A LITTLE BIT ABOUT WHAT'S

                    MEANT BY "SAFE STORAGE DEPOSITORY"?

                                 MS. PAULIN:  SURE.

                                 MR. GOODELL:  CERTAINLY, A LOCKED SAFE QUALIFIES.

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  WHAT ABOUT A LOCKED CLOSET?  IN

                    MY HOUSE, BELIEVE IT OR NOT, THE PRIOR OWNER HAD GUNS AND HE HAD A

                    SEPARATE PADLOCK ON A CLOSET WHERE HE STORED HIS GUNS; WOULD THAT

                    QUALIFY?

                                 MS. PAULIN:  I WOULD ARGUE IF IT WAS LOCKED AND THE

                    AMMUNITION WAS LOCKED SOMEWHERE ELSE AS REQUIRED BY THIS BILL AND

                    THE OWNER HAD THE KEY AND NOBODY ELSE HAD IT AND ABLE TO GET INTO IT,

                    YES, THEN I WOULD -- I WOULD SAY THAT IT WOULD BE CLASSIFIED.  WE DON'T

                    SAY WHAT THAT DEPOSITORY HAS TO LOOK LIKE.

                                 MR. GOODELL:  AND, LIKEWISE, AS MANY, MANY

                    HOUSES HAVE A SEPARATE LOCK ON THEIR BEDROOMS.  SO, IF IT'S IN A LOCKED

                    BEDROOM, THAT ALSO QUALIFIES AS SAFE STORAGE?

                                 MS. PAULIN:  IF IT'S -- SO, ACTUALLY, "A STORAGE

                    DEPOSITORY SHALL MEAN A SAFE OR OTHER SECURE CONTAINER."  SO, I WOULD --

                    YOU KNOW, SO YOU -- "WHICH WHEN LOCKED IS INCAPABLE OF BEING OPENED

                    WITHOUT THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM AND IS

                    CAPABLE OF PREVENTING AN UNAUTHORIZED PERSON FROM OBTAINING ACCESS TO

                    AND POSSESSION OF THE WEAPON CONTAINED THEREIN."  SO -- SO, WHERE YOU

                    MIGHT BE ABLE TO ARGUE A CLOSET OF SOME SORT, YOU KNOW, SMALL ONE, I

                                         26



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    DON'T KNOW THAT YOU COULD ARGUE THAT A BEDROOM WOULD BE -- THAT

                    WOULD FALL UNDER THAT CATEGORY.

                                 MR. GOODELL:  OKAY.

                                 MS. PAULIN:  THAT WAS -- WE DEFINED IT IN THE SAFE

                    ACT.

                                 MR. GOODELL:  IF I MAY CONTINUE.  THIS CLAUSE IS

                    TRIGGERED IF SOMEONE UNDER THE AGE OF 16 --

                                 MS. PAULIN:  ONE SECOND, SORRY.  SORRY.  GO AHEAD,

                    ANDY; SORRY.

                                 MR. GOODELL:  THIS IS TRIGGERED IF SOMEONE UNDER

                    THE AGE OF 16 HAS OR IS LIKELY TO GAIN ACCESS TO A RIFLE, SHOTGUN OR

                    FIREARM, CORRECT?

                                 MS. PAULIN:  SO, WHAT ARE YOU READING FROM, THE

                    TOP PROVISION?

                                 MR. GOODELL:  NO, I'M LOOKING ON PAGE 2, LINE

                    51-53.

                                 MS. PAULIN:  SO, SAFELY STORED IN THE SECOND

                    DEGREE, 51.

                                 MR. GOODELL:  YEAH.

                                 MS. PAULIN:  "NO PERSON WHO OWNS OR IS IN CUSTODY

                    OF A RIFLE, SHOTGUN OR FIREARM AND KNOWS OR HAS REASON TO KNOW THAT A

                    PERSON" - SO THAT'S A KEY PHRASE - "THAT KNOWS OR HAS REASON TO KNOW

                    THAT A PERSON LESS THAN 16 OF AGE IS LIKELY TO GAIN ACCESS TO SUCH A

                    RIFLE."

                                 MR. GOODELL:  NOW, SO SAFE STORAGE IN THE FIRST

                                         27



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    DEGREE IS IF YOU LIVE WITH SOMEONE WHO'S UNDER THE AGE OF 16.

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  SAFE STORAGE IN THE SECOND DEGREE

                    IS YOU HAVE A 16-YEAR-OLD WHO PRESUMABLY IS IN YOUR HOME, HOPEFULLY

                    BY PERMISSION, WHO DOESN'T LIVE THERE; IS JUST A VISITOR OR A GUEST,

                    CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  AND SO, YOU WOULD AVOID LIABILITY

                    IF -- AGAIN, WHAT'S MEANT BY "IS LIKELY TO GAIN ACCESS"?  IN OTHER WORDS,

                    IF IT'S IN A LOCKED BEDROOM, PRESUMABLY THAT MEANS THEY'RE NOT LIKELY TO

                    GAIN ACCESS UNLESS THEY'RE BREAKING INTO YOUR BEDROOM, CORRECT?

                                 MS. PAULIN:  EXCEPT THAT WE DO REQUIRE THEM TO

                    SAFELY STORE IT WHICH HAS A DIFFERENT DEFINITION IN THE LAW.  SO, THEY

                    WOULD HAVE TO ABIDE BY THAT DEFINITION BECAUSE IT'S ALREADY IN EXISTING

                    LAW AND THEN IF THEY THOUGHT OR KNEW THAT A CHILD OF THAT AGE WAS

                    COMING INTO -- COULD POSSIBLY COME INTO CONTACT, THEY WOULD BE

                    REQUIRED TO SAFELY STORE.  THIS IS LANGUAGE THAT WE TOOK FROM -- I THINK

                    THERE'S 16 OTHER STATES THAT USE IT IN SOME FORM AND WE ADAPTED IT OR

                    ACTUALLY COPIED IT VERBATIM FROM SOME OF THOSE STATES.

                                 MR. GOODELL:  I SEE.  YOU HAVE AN EXCEPTION FOR

                    HUNTERS, RIGHT?

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  BUT ONLY, IF I'M CORRECT, THIS READS

                    ONLY WHILE THEY'RE ENGAGED IN HUNTING?

                                 MS. PAULIN:  ONLY WHILE THEY'RE ENGAGED IN

                                         28



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    HUNTING, SO...

                                 MR. GOODELL:  I THINK THE PHRASE IS "WHEN USED IN

                    ACCORDANCE WITH SUCH LAW", MEANING THE HUNTING LAW?

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  SO WHAT ABOUT WHEN THEY'RE, BEFORE

                    THEY GET THEIR -- AS YOU KNOW, BEFORE YOU GET A HUNTING LICENSE, YOU

                    HAVE TO GO THROUGH A HUNTING SAFETY COURSE, RIGHT, AND A LOT OF TIMES

                    THERE'S -- THEY WANT YOU TO LEARN HOW TO HOLD A GUN, FIRE THE GUN SAFELY,

                    RIGHT?  BUT THAT WOULDN'T BE TRIGGERED -- THIS EXCEPTION WOULDN'T BE

                    TRIGGERED, RIGHT, UNTIL THEY GOT THEIR LICENSE; AM I CORRECT?

                                 MS. PAULIN:  RIGHT.  THEY WOULD BE GOING TO A

                    COURSE WHERE PRESUMABLY THEY WOULD BE -- WHERE THAT'S A LICENSED

                    COURSE WHERE WHAT YOU CAN DO THERE IS ALREADY OBLIGATED TO OR -- OR

                    AUTHORIZED BY LAW AND THERE'S SET PROCEDURES.  SO, UNDER STRICT

                    SUPERVISION IN A DIFFERENT FACILITY THEY, ACCORDING TO THOSE -- THAT

                    AUTHORIZATION, THEY WOULD BE ABLE TO, I PRESUME, HOLD IT, BUT I'M NOT

                    FAMILIAR WITH THAT SECTION.  HERE, UNTIL THEY GET THEIR ACTUAL HUNTING

                    LICENSE THE GUN WOULD HAVE TO BE SAFELY STORED IN THEIR HOMES OR IN A

                    PLACE WHERE THEY WOULD VISIT.

                                 MR. GOODELL:  THANK YOU VERY MUCH FOR YOUR

                    COMMENTS.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I CERTAINLY APPRECIATE THE SPONSOR'S

                                         29



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    OBJECTIVE TO SAFELY STORE FIREARMS, BUT I THINK WE NEED TO RECOGNIZE THAT

                    WE NEED A BALANCE HERE.  MANY PEOPLE HAVE FIREARMS IN THEIR GUN -- IN

                    THEIR HOUSE BECAUSE THEY ARE CONCERNED FOR THEIR OWN SAFETY.  AND

                    THEY'RE CONCERNED THAT SOMEBODY MIGHT BREAK IN AND THEY MIGHT NEED A

                    GUN TO PROTECT THEMSELVES OR THEIR FAMILY.  AND THIS BILL SAYS THAT IF

                    SOMEONE BREAKS INTO YOUR HOUSE, YOU HAVE TO, IN THE MIDDLE OF THE

                    NIGHT, FIND WHERE YOU PUT THE KEY, UNLOCK YOUR GUN BEFORE YOU CAN USE

                    IT TO DEFEND YOURSELF, WHICH MEANS WE'RE PUTTING THE HOMEOWNER WHO

                    WANTS TO DEFEND HIMSELF AT A SEVERE DISADVANTAGE.

                                 AND WHAT TRIGGERS THIS LOCKING REQUIREMENT?  WELL, IT

                    MAY BE THAT YOU HAVE SOMEONE UNDER THE AGE OF 16 IN YOUR HOUSE THAT

                    RESIDES IN YOUR HOUSE.  THAT 16-YEAR-OLD MAY HAVE GONE THROUGH A FULL

                    HUNTING -- A HUNTER SAFETY TRAINING COURSE.  THAT 16-YEAR-OLD MAY BE

                    ALLOWED TO HUNT IN NEW YORK.  SO, YOU HAVE SOMEONE THAT'S GOT A

                    HUNTING LICENSE ISSUED BY THE STATE OF NEW YORK AND BECAUSE THEY

                    RESIDE IN YOUR HOUSE, YOU HAVE TO LOCK UP YOUR GUNS?  THEY CAN GO OUT

                    AND SPEND ALL DAY, ALL WEEKEND WITH A HUNTING RIFLE, THAT'S OKAY, BUT

                    THEIR PARENTS HAVE TO LOCK UP THE GUN AS SOON AS THEY WALK THROUGH THE

                    FRONT DOOR.  THAT'S NOT OKAY.

                                 WE ALSO HAVE THE SECTION, THE PROVISION THAT APPLIES

                    AND IS TRIGGERED WHEN SOMEONE VISITS YOUR HOUSE.  THINK ABOUT THIS:

                    THERE'S NOBODY THAT LIVES IN YOUR HOUSE THAT'S UNDER THE AGE OF 16,

                    YOU'RE NOT LIVING WITH A CONVICTED FELON OR ANYONE WHO'S NOT LEGALLY

                    ALLOWED.  YOU AND YOUR SPOUSE ARE ENJOYING YOUR RETIREMENT - THAT'S

                    WHAT I'M LOOKING FORWARD TO AT SOME POINT IN MY LIFE - AND YOU INVITE

                                         30



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    FRIENDS OVER.  IF THEY BRING SOMEONE WHO IS UNDER THE AGE OF 16, LIKE

                    YOUR GRANDKIDS, THIS IS TRIGGERED.  AND THEN IT'S NOT ENOUGH THAT YOUR

                    GUN IS IN A LOCKED CLOSET, IN A LOCKED BEDROOM, YOU HAVE TO HAVE A

                    TRIGGER LOCK ON IT OR HAVE IT LOCKED IN A SAFE OR YOUR GRANDKIDS ARE NOT

                    ALLOWED TO COME AND VISIT, OR YOU'RE COMMITTING A CRIME.  BY THE WAY,

                    IT DOESN'T MATTER IF YOUR GRANDKIDS ARE THE NUMBER ONE MARKSMAN IN

                    THEIR HIGH SCHOOL TRAP CLUB OR SHOOTING CLUB.  YOU KNOW, THEY'RE

                    TRAINING FOR THE OLYMPICS; THAT DOESN'T MATTER EITHER, DOES IT?  YOU'RE

                    COMMITTING A CRIME BECAUSE THEY CAME AND VISITED YOU.

                                 BUT WHAT'S INTERESTING ABOUT THIS IS WHILE IT REQUIRES A

                    TRIGGER LOCK, IT'S SILENT ABOUT WHERE YOU KEEP THE KEY.  SO, YOU HAVE A

                    TRIGGER LOCK WITH A KEY IN IT, IS THAT OKAY?  OR DO YOU HAVE TO HIDE THE

                    KEY, AS WELL?  DOES THE KEY HAVE TO BE LOCKED?  HOW FAR DO WE TAKE IT?

                                 NOW, I THINK SOME OF MY COLLEAGUES, BELIEVE IT OR NOT,

                    I'M GOING TO DEFER TO THEM ON THE CONSTITUTIONALITY OF THIS BILL.  I JUST

                    THOUGHT IT WOULD BE HELPFUL FOR YOU TO PERHAPS HEAR FROM SOMEBODY

                    ELSE ON MY FAVORITE SUBJECT, JUST TO LET YOU KNOW THAT I'M NOT THE ONLY

                    ONE THAT WORRIES ABOUT THESE ISSUES.

                                 THANK YOU SO MUCH, SIR, AND, AGAIN, THANK YOU TO MY

                    COLLEAGUE, MS. PAULIN.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    GOODELL.

                                 MR. SMULLEN.

                                 MR. SMULLEN:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?

                                         31



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD?

                                 MS. PAULIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SMULLEN:  IN PICKING UP ON MR. GOODELL'S

                    THEME, THERE'S SOME QUESTIONS THAT I HAVE ABOUT THE CONSTITUTIONALITY

                    OF THIS MEASURE.  SPECIFICALLY, BECAUSE ON JUNE 26TH, 2008, THE

                    SUPREME COURT AFFIRMED BY A VOTE OF 5-4 THE COURT OF APPEALS FOR THE

                    D.C. CIRCUIT IN HELLER V. DISTRICT OF COLUMBIA.  THE SUPREME COURT

                    STRUCK DOWN PROVISIONS OF THE FIREARMS CONTROL REGULATIONS ACT OF

                    1975 AS UNCONSTITUTIONAL; DETERMINED THAT HANDGUNS ARE, QUOTE,

                    "ARMS", UNQUOTE, FOR THE PURPOSES OF THE SECOND AMENDMENT; FOUND

                    THE REGULATIONS ACT WAS AN UNCONSTITUTIONAL BAN AND STRUCK DOWN THE

                    PORTION OF THE REGULATIONS ACT THAT REQUIRES ALL FIREARMS, INCLUDING

                    RIFLES AND SHOTGUNS, BE KEPT, QUOTE, "UNLOADED AND DISASSEMBLED OR

                    BOUND BY A TRIGGER LOCK", UNQUOTE.  PRIOR TO THIS DECISION, THE FIREARMS

                    CONTROL REGULATION ACT OF 1975 ALSO RESTRICTED RESIDENTS FROM OWNING

                    HANDGUNS, EXCEPT FOR THOSE REGISTERED PRIOR TO 1975.

                                 NOW, I KNOW WE HAVE A SAFE ACT HERE IN NEW YORK

                    STATE, BUT ON JUNE 28TH, 2010 THE SUPREME COURT ACTUALLY REVERSED THE

                    COURT OF APPEALS FOR THE 7TH CIRCUIT'S DECISION IN MCDONALD V. CITY OF

                    CHICAGO AND REMANDED IT BACK TO THE 7TH CIRCUIT TO RESOLVE CONFLICTS

                    BETWEEN CERTAIN CHICAGO GUN RESTRICTIONS AND THE SECOND AMENDMENT.

                    CHICAGO'S HANDGUN WAS LIKENED TO THE D.C. HANDGUN BAN BY JUSTICE

                    BREYER.

                                 WHY I THINK THAT'S IMPORTANT AND WHERE MY QUESTION

                                         32



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    IS HEADED HERE IS BECAUSE IN THE ILLINOIS SUPREME COURT, ANOTHER STATE,

                    IN THE PEOPLE V. AGUILAR IN 2013, SUMMED UP HELLER'S FINDINGS AND

                    REASONING - AND THIS IS WHY I FIND THIS BILL TO BE UNREASONABLE - THAT IN

                    THE DISTRICT OF COLUMBIA V. HELLER, THE SUPREME COURT UNDERTOOK ITS

                    FIRST-EVER "IN-DEPTH EXAMINATION", QUOTE/UNQUOTE, OF THE SECOND

                    AMENDMENT'S MEANING.  AFTER A LENGTHY HISTORICAL DISCUSSION, THE

                    COURT ULTIMATELY CONCLUDED THAT THE SECOND AMENDMENT GUARANTEED

                    THE INDIVIDUAL RIGHT TO POSSESS AND CARRY WEAPONS IN CASE OF

                    CONFRONTATION; THAT CENTRAL TO THIS RIGHT IS THE, QUOTE, "INHERENT RIGHT OF

                    SELF-DEFENSE", UNQUOTE; THAT, QUOTE, "THE HOME IS WHERE THE NEED FOR

                    DEFENSE OF SELF, FAMILY AND PROPERTY IS MOST ACUTE", AND THAT ABOVE ALL

                    OTHER INTEREST, THE SECOND AMENDMENT ELEVATES, QUOTE, "THE RIGHT OF

                    LAW-ABIDING RESPONSIBLE CITIZENS TO USE ARMS IN DEFENSE OF HEARTH AND

                    HOME", UNQUOTE.

                                 I HAVE VERY DIFFICULTY IN SEEING HOW THIS BILL IS NOT

                    UNCONSTITUTIONAL AS IT'S WRITTEN AND I WOULD LIKE TO ASK THE -- THE

                    SPONSOR TO -- TO ADDRESS THAT.

                                 MS. PAULIN:  ABSOLUTELY.  I THINK THAT IT'S VERY

                    CRITICAL.  I'M VERY AWARE OF THE HELLER DECISION IN 2008.  AND THERE WAS

                    A SUBSEQUENT DECISION ON JUNE 8TH, 2015, JACKSON, AND THAT -- IN THAT

                    CASE THE SUPREME COURT ESSENTIALLY LOOKED AT THE JACKSON CASE, WHICH

                    WAS A SAN FRANCISCO ORDINANCE, THAT WAS ALMOST IDENTICAL, IN FACT, TO

                    THE SAFE STORAGE; IN FACT, A LITTLE MORE RESTRICTIVE BECAUSE OUR BILL HERE

                    TODAY LIMITS THE SAFE STORAGE TO PLACES WHERE THERE ARE CHILDREN.  IN SAN

                    FRANCISCO, THEY ACTUALLY TOOK THE FURTHER STEP AND HAD SAFE STORAGE FOR

                                         33



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    EVERYONE.  AND THAT CASE WAS DECIDED IN THE DISTRICT COURT AND LATER

                    AFFIRMED BY THE COURT OF APPEALS THAT THE DISTINGUISHING FACTOR AND THE

                    REASON WHY HELLER DIDN'T APPLY WAS BECAUSE OF THE EXACT PROVISION

                    WHICH WE HAVE IN OUR BILL, WHICH IS THAT A PERSON COULD HAVE IT UNDER

                    THEIR IMMEDIATE CONTROL.  AND BECAUSE THEY COULD HAVE IT UNDER THEIR

                    IMMEDIATE CONTROL -- AND THEN THEY FURTHER ARGUED IN THAT CASE THAT WAS

                    IT UNREASONABLE BECAUSE YOU COULDN'T HAVE IT IN YOUR IMMEDIATE CONTROL

                    WHEN YOU'RE SLEEPING, AS WAS RAISED BY ASSEMBLYMAN GOODELL.  AND

                    THE COURT REASONED THAT IT'S NOT SO ONEROUS TO UNLOCK THESE -- THESE

                    SAFETY STORAGE CONTAINERS.

                                 SO, THEY RULED IN THE DISTRICT COURT AND THEY UPHELD

                    THE SAN FRANCISCO ORDINANCE.  IT WENT, AS I SAID, TO THE COURT OF

                    APPEALS WHICH ACTUALLY THEN AFFIRMED THE DISTRICT COURT'S OPINION AND

                    IT WENT TO THE SUPREME COURT ON JUNE 8TH, 2015 WHERE THE SUPREME

                    COURT LET THAT POSITION HOLD.  AND, IN FACT, I HAVE THE DISSENTING

                    OPINION FROM JUDGE SCALIA AND JUDGE THOMAS WHERE THEY EXPLAINED

                    ABOUT THE REASONING OF THE -- OF THE 9TH CIRCUIT COURT.

                                 AND IT SAID THAT "THE COURT OF APPEALS READILY

                    ACKNOWLEDGED" - AND THEY'RE TALKING ABOUT THE SAN FRANCISCO CASE -

                    "THAT THE LAW BURDENS THE CORE OF THE SECOND AMENDMENT RIGHT

                    BECAUSE HAVING TO RETRIEVE HANDGUNS FROM A LOCKED CONTAINER OR

                    REMOVING TRIGGER LOCKS MAKES IT MORE DIFFICULT FOR CITIZENS TO USE THEM

                    FOR THE CORE LAWFUL PURPOSE OF SELF-DEFENSE IN THE HOME."  BUT IT

                    REASONED THAT THIS WAS "NOT A SEVERE BURDEN JUSTIFYING THE APPLICATION

                    OF STRICT SCRUTINY BECAUSE A" MODERN SAFE -- A "MODERN GUN SAFE MAY BE

                                         34



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    OPENED QUICKLY."  "APPLYING" INTERMEDIATE -- "INTERMEDIATE SCRUTINY,

                    THE COURT EVALUATED SAN FRANCISCO'S PREFERRED EVIDENCE THAT GUNS KEPT

                    IN THE HOME ARE MOST OFTEN USED IN SUICIDES AND AGAINST FAMILY AND

                    FRIENDS RATHER THAN IN SELF-DEFENSE, THAT CHILDREN ARE PARTICULARLY AT RISK

                    OF INJURY AND DEATH.  THE COURT CONCLUDED THAT THE LAW SERVED A

                    SIGNIFICANT GOVERNMENT INTEREST BY REDUCING THE NUMBER OF GUN-RELATED

                    INJURIES AND DEATHS FROM HAVING AN UNLOCKED HANDGUN IN THE HOME AND

                    WAS SUBSTANTIALLY RELATED TO THAT INTEREST".

                                 I'M HAPPY TO SHARE I -- I WENT FURTHER BECAUSE I

                    WANTED TO READ THE SAN FRANCISCO ORDINANCE TO SEE ABOUT THE SIMILARITY

                    ON THE DISTINGUISHING FACTORS TO BE SURE THAT OURS COMPLIED, AND IT DOES,

                    AND I'D BE HAPPY TO SHARE THAT WITH YOU AFTER -- AFTER THIS.

                                 MR. SMULLEN:  WELL, VERY SPECIFICALLY, WE'RE HERE

                    IN NEW YORK AND SPECIFICALLY IN UPSTATE NEW YORK, I BELIEVE THIS BILL

                    IS TALKING ABOUT RIFLES AND SHOTGUNS, WHICH THE CASE THAT YOU'RE

                    DISCUSSING IS -- IS HAVING TO DO WITH HANDGUNS.  THE HELLER CASE CAME

                    OUT OF THE HANDGUN ISSUE IN THE DISTRICT OF COLUMBIA, BUT IT WAS RULED

                    THAT IT APPLIED TO THE CONSTITUTIONALITY OF PEOPLE'S INHERENT RIGHT OF

                    SELF-DEFENSE UNDER THE SECOND AMENDMENT, INCLUDES ALL FIREARMS, AND

                    THAT IS A MUCH BROADER DEFINITION WHICH THIS BILL WOULD THEN OVERLY

                    RESTRICT.  SO, I'LL --

                                 MS. PAULIN:  I'M SORRY TO DISAGREE, BUT THE SAN

                    FRANCISCO ORDINANCE APPLIED TO ALL FIREARMS.

                                 MR. SMULLEN:  SO, HOW DOES THAT GO TO NEW YORK

                    AND SAY THAT NOW BECAUSE IT APPLIES IN SAN FRANCISCO, WE'RE GOING TO

                                         35



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    APPLY THAT TO ALL OF NEW YORK?

                                 MS. PAULIN:  BECAUSE THE CASE WENT TO THE

                    SUPREME COURT AND THEY SAID -- THEY'RE THE ONE, THE SUPREME COURT

                    AFFIRMED THAT -- THAT IT'S CONSTITUTIONAL AND THAT HELLER -- REMEMBER, THE

                    DISTRICT -- THE DISTRICT -- THE D.C. CASE THAT HELLER LOOKED AT WAS -- DID

                    NOT ALLOW FOR THAT IMMEDIATE CONTROL.  THEY ACTUALLY BANNED GUNS AND

                    THAT'S WHAT WAS FOUND UNCONSTITUTIONAL, THAT YOU COULDN'T DENY

                    SOMEONE'S ABILITY TO -- TO SELF-PROTECT, RIGHT?  SO -- BUT THEN THEY

                    FURTHER RULED IN THE JACKSON CASE THAT YOU COULD REQUIRE WHEN THERE

                    WAS AN INTEREST ON THE PART OF GOVERNMENT, WHICH ACTUALLY HELLER SPOKE

                    TO, AS WELL, BUT THEY SAID YOU CAN'T DENY BECAUSE OF SELF-PROTECTION.

                    BUT THEY DID SAY IN JACKSON THAT THEY COULD SAFELY STORE PROVIDED THAT

                    THE PERSON HAD THE ABILITY TO HAVE IT UNDER THEIR IMMEDIATE CONTROL,

                    WHICH IS EXACTLY WHAT WE HAVE IN OUR PROVISION.  SO IT IS CONSTITUTIONAL

                    UNDER HELLER, UNDER JACKSON, BECAUSE OF SUBSEQUENT SUPREME COURT

                    RULINGS.

                                 MR. SMULLEN:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SMULLEN:  SO, IN LOOKING AT THIS AND THE

                    REASONABLENESS OF THIS -- THIS GUN BILL THAT'S BEING DEBATED TODAY, A

                    COUPLE OF OBSERVATIONS:  ONE THING IS, IS THAT SAFETY DOES NOT EQUAL

                    SECURITY NECESSARILY UNDER OUR CONSTITUTIONAL RIGHTS AND, SPECIFICALLY,

                    WITH SELF-DEFENSE IN OUR -- IN OUR HOMES AND WHERE WE LIVE AND WHAT

                    WE CONSIDER TO BE A REASONABLE RESPONSE TIME FOR LAW ENFORCEMENT

                    AGENCIES TO BE ABLE TO PROTECT US AND OURSELVES.  BUT, IN FACT, FREEDOM

                                         36



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    EQUALS RESPONSIBILITY AND THAT FOR THE SPECIFIC SITUATIONS OF THE AREA THAT

                    I REPRESENT, THAT THIS IDEA OF HAVING SECURE STORAGE WHERE IT HAS TO BE

                    EITHER LOCKED AWAY IN A CLOSET THAT'S LARGELY INACCESSIBLE IF THERE'S SOME

                    SORT OF HOME SECURITY SITUATION, OR WHERE IT'S LOCKED WHERE YOU CAN'T

                    EASILY ACCESSIBLE TO IT, DOES NOT SEEM TO COMPORT WITH THE

                    CONSTITUTIONALITY OF THE HELLER CASE AND THE CUSTOMARY RESPONSIBILITY OF

                    CITIZENS IN THE RURAL AREAS THAT I REPRESENT.  THANK YOU VERY MUCH, MR.

                    SPEAKER, AND THANK YOU, MADAM SPONSOR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. BYRNES.

                                 MS. BYRNES:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD?

                                 MS. PAULIN:  YES, I WILL.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. BYRNES:  THANK YOU, KINDLY.  I WANT TO GO

                    BACK JUST FOR A SECOND TO TALKING ABOUT THE CHILDREN IN OUR COMMUNITIES

                    WHO, ESPECIALLY WHO ARE ON OUR TRAP TEAMS IN HIGH SCHOOL AND WHO ARE

                    UNDER 16 AND WHO ARE 12-YEAR-OLDS THAT ARE HUNTING.  AND I JUST WANT

                    TO MAKE SURE THAT I UNDERSTAND YOU CORRECTLY, MA'AM.  IT IS ABSOLUTELY

                    100 PERCENT LEGAL FOR A 12-YEAR-OLD TO CARRY A LOADED RIFLE THROUGH THE

                    WOODS AND SHOOT IT AND KILL SMALL GAME, CORRECT, AS LONG AS THEY'VE GOT

                    AN APPROPRIATE HUNTING LICENSE AND ADULT SUPERVISION, CORRECT?

                                 MS. PAULIN:  WAIT, WAIT; SAY -- SAY THE LAST PART

                    AGAIN.

                                 MS. BYRNES:  AS LONG AS THEY HAVE A HUNTING

                                         37



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    LICENSE AND APPROPRIATE ADULT SUPERVISION.

                                 MS. PAULIN:  YES.  AND, IN FACT, WE VERY MUCH

                    ALIGN THE SAFE STORAGE ACT WITH THAT KIND OF SENTIMENT.  SO, WHEN YOU

                    WOULDN'T ALLOW THAT CHILD WHO IS 12 AND HUNTING TO HAVE THAT RIFLE FULLY

                    LOADED ABSENT THE SUPERVISION, AND WHAT WE'RE SAYING IN THE SAFE

                    STORAGE IS ABSENT THE SUPERVERSION, THEY SHOULD SAFELY STORE.  SO --

                                 MS. BYRNES:  RIGHT.

                                 MS. PAULIN:  -- YOU WOULDN'T WANT A CHILD WHO IS

                    12 TO HAVE ACCESS TO THAT LOADED GUN WITHOUT, YOU KNOW, SO THAT'S WHY

                    YOU WOULD SAFELY STORE IT IN YOUR HOME.

                                 MS. BYRNES:  RIGHT.  SO THE INITIAL PREMISE IS IT IS

                    LEGAL UNDER THE APPROPRIATE CIRCUMSTANCES FOR A 12-YEAR-OLD TO CARRY A

                    LOADED RIFLE THROUGH THE WOODS WITH THOSE CONDITIONS, BUT IF THAT SAME

                    RIFLE IS IN THE HOME WITH THE AMMUNITION FIVE FEET AWAY AND THAT YOUNG

                    PERSON WHO IS LEARNING TO PROPERLY CARE AND TO BE A RESPONSIBILE GUN

                    OWNER IS CLEANING THEIR WEAPON WITH THEIR ADULT NEARBY, JUST WATCHING

                    TV AND GIVING HIM INSTRUCTIONS, NOW THE PARENT HAS COMMITTED A

                    CRIME, CORRECT?

                                 MS. PAULIN:  SO, WHAT YOU'RE SAYING -- WAIT, SO WHO

                    IS CLEANING THE RIFLE?

                                 MS. BYRNES:  YEAH.

                                 MS. PAULIN:  WAIT, WHO, THE CHILD?

                                 MS. BYRNES:  THE CHILD.

                                 MS. PAULIN:  AH.  SO, THE CHILD IS -- YOU'RE SAYING IS

                    LICENSED --

                                         38



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MS. BYRNES:  YES, BUT THEY'RE --

                                 MS. PAULIN:  -- AND THEY'RE BEING SUPERVISED BY THE

                    PARENT, RIGHT, SO THERE'S NO CRIME BEING COMMITTED.

                                 MS. BYRNES:  BUT THERE'S A PERSON LESS THAN 16

                    YEARS OLD IN THE HOME AND THAT WEAPON IS NOT SECURED, AS DEFINED IN THE

                    STATUTE, CORRECT?  SO THAT PARENT HAS COMMITTED A CRIME.

                                 MS. PAULIN:  WHAT WE'VE DONE IS EXEMPTED THOSE

                    YOUNG PEOPLE WHO HAVE THEIR HUNTING LICENSES.  SO YES, IT IS TRUE THAT IF

                    THAT YOUNG 12-YEAR-OLD DID NOT HAVE A HUNTING LICENSE AND, THEREFORE,

                    WAS NOT DEEMED BY THE STATE TO BE CAPABLE OF HOLDING A LOADED RIFLE

                    AND THAT -- THAT, YES, THEN THAT GUN WOULD HAVE TO BE SAFELY STORED

                    BECAUSE WE HAVE THAT -- IF -- BUT IF THE PERSON WAS LICENSED, THEN THEY

                    WOULD NOT HAVE TO BE SAFELY STORED UNDER THE SCENARIO THAT YOU'RE

                    GIVING WHERE THE PARENT WAS SUPERVISING.

                                 MS. BYRNES:  BUT NOTWITHSTANDING, WE HAVE A

                    12-YEAR-OLD WHO IS FULLY CAPABLE OF CARRYING A LOADED WEAPON IN ONE

                    SITUATION AND IN ANOTHER WITHIN THE HOME.

                                 MS. PAULIN:  NO, I DON'T THINK THAT -- MAYBE I

                    WASN'T CLEAR.  SO, WHAT I'M SAYING IS THERE IS NO DISTINCTION IN THAT

                    CIRCUMSTANCE.  THE -- THE -- IF THAT CHILD HAS A HUNTING LICENSE AND THE

                    PARENT IS PRESENT, THEN THAT CHILD, THAT GUN DOES NOT HAVE TO BE SAFELY

                    STORED.  IT'S ONLY IF THAT CHILD DOES NOT HAVE A HUNTING LICENSE AND

                    THEY'RE 12 THAT THE GUN WOULD HAVE TO BE SAFELY STORED UNDER THAT

                    CIRCUMSTANCE.

                                 MS. BYRNES:  ALL RIGHT.  SO, NOTWITHSTANDING THE

                                         39



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    WORDING OF THE STATUTE, YOU'RE AFFIRMATIVELY TELLING THIS BODY THAT THAT

                    IS AN EXCEPTION TO THE REQUIREMENT OF SAFE STORAGE THAT EVEN WITHIN THE

                    HOME THAT THEY HAVE A -- WITHIN THE HOME AS LONG AS THEY HAVE A

                    HUNTING LICENSE, THERE IS NO NEED FOR SAFE STORAGE, BECAUSE I BELIEVE

                    YOU TOLD SOMETHING DIFFERENT TO MR. GOODELL.

                                 MS. PAULIN:  IF THERE IS A -- AS LONG AS THERE IS ADULT

                    SUPERVISION.

                                 MS. BYRNES:  BUT THE ADULT IS IN THE HOME, DOES HE

                    -- HOW CLOSE DOES THE ADULT HAVE TO BE?

                                 MS. PAULIN:  WELL, YOU KNOW, THE ADULT HAS TO BE

                    SUPERVISING.  I WOULD ARGUE THAT THEY HAVE TO BE THERE IN PRESENCE

                    SUPERVISING.  SUPERVISION IS NOT THE NEXT DOOR OR UPSTAIRS.  SUPERVISION

                    IS -- IS ACTUALLY WATCHING AND SUPERVISING.

                                 MS.  BYRNES:  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. BYRNES:  THANK YOU.  I WOULD RESPECTFULLY

                    DISAGREE WITH THE EXACT WORDING OF THE STATUTE AS OPPOSED TO WHAT THE

                    SPONSOR HAS RELAYED, BUT NOTWITHSTANDING THAT, IN THE COUNTY THAT I LIVE

                    IN, WE HAVE OVER -- WHICH HAS APPROXIMATELY 63- OR 64,000 RESIDENTS,

                    WE HAVE IN EXCESS OF 10,000 WHO HAVE PISTOL PERMITS IN MY COUNTY

                    ALONE, AND THAT DOESN'T INCLUDE PEOPLE WHO HAVE RIFLES OR SHOTGUNS THAT

                    DON'T HAVE PISTOL PERMITS, BUT OPT INSTEAD TO HAVE LONG GUNS.  I WOULD

                    VENTURE TO GUESS AT LEAST A THIRD TO A HALF OF THE HOMES IN THE COUNTY I

                    LIVE IN HAVE FIREARMS.  THE MAJORITY OF PEOPLE HAVE THEM FOR

                                         40



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    SELF-DEFENSE.  WE LIVE IN RURAL AREAS, POLICE ARE NOT READILY AVAILABLE.

                    DEPENDING ON HOW FAR AWAY A STATE TROOPER OR SHERIFF DEPUTY IS, IT

                    CAN BE 15, 20 MINUTES OR A HALF AN HOUR AND IF THERE'S AN EMERGENCY

                    AND SOMEBODY'S COMING THROUGH YOUR DOOR, YOU NEED YOUR FIREARM

                    READY.

                                 AND MADAM SPONSOR, I DON'T KNOW WHEN THE LAST TIME

                    WAS THAT YOU DID OPEN A STORAGE CONTAINER OR A GUN SAFE, BUT I HAVE AND

                    I CAN TELL YOU THAT IT TAKES A WHILE AND IT CAN'T BE DONE IN THE DARK IF

                    YOU'RE TRYING TO MANIPULATE THE MECHANISMS TO HIT THE CORRECT NUMBERS

                    OR IN THE ALTERNATIVE, IF YOU'RE TRYING TO PUNCH THE RIGHT CODE IN ORDER TO

                    ACTIVATE THE RELEASE.  IT TAKES TIME, THEY'RE NOT IN THE SAME ROOMS

                    USUALLY AS THE BEDROOMS, THEY MIGHT BE IN THE BASEMENT, IN A SPARE

                    BEDROOM.  IT TAKES TIME AND THAT TIME COULD BE SOMEBODY'S DEATH.  AND

                    THAT IS WHY PROBABLY A THIRD TO A HALF OF THE PEOPLE IN MY COUNTY HAVE

                    GUNS AND THEY HAVE THEM FOR SELF-DEFENSE, AS WELL AS FOR SPORTING.  AND

                    WE ARE RESPONSIBLE GUN OWNERS AND THIS IS REALLY, IN MY OPINION, A SLAP

                    IN THE FACE TO RESPONSIBLE GUN OWNERS, AS WELL AS TO CHILDREN WHO ARE

                    PROPERLY TAUGHT THE PROPER USE OF FIREARMS OF ANY TYPE AND OUR CHILDREN

                    THAT ARE ACTIVELY HUNTING AND ARE ACTIVELY AT OUR SPORTING CLUBS.

                                 THANK YOU, MR. SPEAKER, I APPRECIATE THE TIME, SIR.

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR A COUPLE QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. PAULIN, WILL YOU

                    YIELD?

                                         41



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MS. PAULIN:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RAIA:  THANK YOU, AMY.  I OWN A HOUSE -- AND

                    THIS IS ACTUALLY FACTUAL, SO I'M ASKING A QUESTION FOR MY OWN BENEFIT.  I

                    OWN A HOUSE THAT HAS A LEGAL - LEGAL, NOT ILLEGAL - LEGAL ACCESSORY

                    APARTMENT IN IT.  IT'S A CAPE.  I RENT OUT THE TOP FLOOR, I LIVE ON THE

                    BOTTOM FLOOR.  WE COME IN, WE USE THE FRONT DOOR AS A COMMON

                    ENTRANCE.  MY TENANT WALKS UP THE STAIRS, WHETHER HE LOCKS HIS DOOR OR

                    NOT, I REALLY DON'T KNOW BECAUSE I WOULDN'T WANT TO INVADE HIS PRIVACY,

                    AND I HAVE A LOCKED DOOR DOWNSTAIRS.  HOW DOES THIS APPLY?  A, AM I --

                    WHEN I RENT THAT APARTMENT, TECHNICALLY HE'S UNDER THE SAME ROOF AS ME.

                    AM I SUPPOSED TO ASK HIM IF HE'S A FELON?  HOW DOES IT AFFECT IF HE HAS

                    HIS LITTLE NEPHEW OVER AND I'M NOT HOME DOWNSTAIRS, EVEN THOUGH MY

                    FRONT DOOR INSIDE THE HOUSE IS TECHNICALLY LOCKED, WE'RE STILL UNDER THE

                    SAME ROOF.

                                 MS. PAULIN:  I WOULD -- I THINK, JUST LIKE AN

                    APARTMENT HOUSE OR A CONDO OR A CO-OP BUILDING, YOUR -- IT'S A SEPARATE

                    DWELLING.  SO, I -- I -- I WOULD -- YOU'D JUST APPLY THE -- THE LAW

                    INDIVIDUALLY TO EACH OF THE DWELLINGS.  IT'S NOT CUMULATIVE.

                                 MR. RAIA:  AND WHAT ABOUT IN INSTANCES WHICH YOU

                    HAVE MULTIPLE PEOPLE SHARING A HOUSE?

                                 MS. PAULIN:  MULTIPLE PEOPLE, YOU MEAN LIKE YOU'RE

                    -- LIKE SEVERAL ROOMMATES?

                                 MR. RAIA:  THREE -- THREE UNRELATED INDIVIDUALS

                    LIVING IN A HOUSE.

                                         42



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MS. PAULIN:  WELL, I THINK THAT YOU WOULD HAVE TO

                    LOOK AT IT PER-DWELLING; IT WOULDN'T BE PER-ROOM, YOU KNOW.  SO, IF ONE

                    OF THOSE ROOMMATES HAD A GUN AND ANOTHER ONE OF THOSE ROOMMATES

                    HAPPENED TO BE UNDER 16, THEY WOULD HAVE TO SAFELY STORE, OR IF THEY

                    EXPECTED ANYONE UNDER 16 TO VISIT, THEY WOULD HAVE TO SAFELY STORE,

                    AND THAT WOULD GO FOR ANY OF THE ROOMMATES.

                                 MR. RAIA:  OR IF ONE OF THOSE INDIVIDUALS WAS A

                    CONVICTED FELON, RIGHT?

                                 MS. PAULIN:  YES.  THE SAFE ACT, THERE WERE FOUR

                    PROHIBITORS THAT THE SAFE ACT REQUIRED.  THEY WERE:  A FELONY

                    CONVICTION - LET ME LOOK - THEY WERE JUDGED MENTALLY INCOMPETENT, AN

                    ORDER OF PROTECTION OR A MISDEMEANOR DOMESTIC VIOLENCE CONVICTION.

                                 MR. RAIA:  HOW IS A ROOMMATE SUPPOSED TO KNOW

                    ALL OF THIS?

                                 MS. PAULIN:  I THINK IT'S JUST BETTER TO SAFELY STORE

                    AND NOT WORRY ABOUT IT.

                                 MR. RAIA:  WELL, THE PROBLEM IS WHETHER OR NOT --

                    HOW DO I KNOW THEY'RE SAFELY STORING THE WEAPON, BUT, YOU KNOW, IT'S

                    NOT THAT EASY, AMY.  IF IT WAS, WE WOULDN'T BE HAVING THIS

                    CONVERSATION.

                                 MS. PAULIN:  SO, I'M SORRY I WAS FLIPPANT -- SO, ASK

                    YOUR QUESTION AGAIN AND LET ME SEE IF I CAN GIVE YOU A SERIOUS ANSWER.

                                 MR. RAIA:  NO, IT -- IT'S FINE.  I'M JUST POINTING OUT

                    THE FACT THAT YOU MAY DEEM THAT TO BE A SINGLE DWELLING, BUT THE TOWN

                    OF HUNTINGTON THAT ISSUES MY ACCESSORY APARTMENT PERMIT DOES NOT

                                         43



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    DEEM IT THAT WAY.  THEY STILL SEE IT AS ONE DWELLING THAT HAS AN

                    ACCESSORY APARTMENT IN IT, BUT IT'S STILL CONSIDERED ONE SINGLE HOUSING

                    COMPLEX.  SO, MY OWN TOWN WOULD DISAGREE WITH YOU AND HOW YOU'RE

                    VIEWING IT AS -- AS AN APARTMENT BUILDING.

                                 SO, IT IS PROBLEMATIC AND I'M NOT -- HOW AM I

                    SUPPOSED TO KNOW WHEN -- WHEN HIS LITTLE NEPHEW IS COMING TO VISIT,

                    WHAT IF I'M OUT OF THE HOUSE?

                                 MS. PAULIN:  I -- I THINK IF YOU HAVE A REASON TO

                    BELIEVE THAT A YOUNG PERSON IS VISITING AND IN YOUR TOWN, YOUR DWELLING

                    IS CONSIDERED A SINGLE DWELLING, THEN YOU -- YOU WOULD HAVE REASON TO

                    BELIEVE THAT YOU SHOULD BE SAFELY STORING YOUR GUN AND -- UNLESS IT'S ON

                    YOUR IMMEDIATE POSSESSION.  SO, I THINK YOU'VE ANSWERED YOUR OWN

                    QUESTION.  YOUR -- YOUR TOWN CONSIDERS IT A SINGLE DWELLING, YOU WOULD

                    EXPECT ON OCCASION TO HAVE A CHILD THAT'S UNDER 16 VISIT AND, THEREFORE,

                    YOU SHOULD BE SAFELY STORING THAT WEAPON IN THE EVENT THAT THAT CHILD

                    COMES AND YOU'RE UNAWARE.

                                 MR. RAIA:  ALL RIGHTY.  THANK YOU, AMY.

                                 ACTING SPEAKER AUBRY:  MR. MANKTELOW.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.  WILL

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    PAULIN?

                                 MS. PAULIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. MANKTELOW:  OKAY.  THANK YOU.  JUST TO

                                         44



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    HELP ME UNDERSTAND THIS A LITTLE BETTER.  SO, BACK AT HOME I HAVE A

                    YOUNG CHILD, 15 -- 15-YEARS-OLD, HIM OR HER, IT DOESN'T MATTER.  MY WIFE

                    AND I ARE GONE FOR SUPPER ONE NIGHT.  SOMEBODY'S BREAKING INTO THE

                    HOUSE.  WHAT IS THAT CHILD SUPPOSED TO DO IN REGARD TO THIS?  WE HAVE

                    GUNS IN OUR HOUSE.  NOW THAT I'M LEAVING THE HOUSE UNDER THIS NEW BILL,

                    THOSE GUNS WILL HAVE TO BE COMPLETELY LOCKED UP, CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. MANKTELOW:  OKAY.  SO, IN THIS SITUATION,

                    WHAT ARE MY TWO YOUNG KIDS SUPPOSED TO DO?

                                 MS. PAULIN:  WOULD YOU HAVE WANTED THEM BEFORE

                    TO ACTUALLY HAVE ACCESS TO FIGHT OFF THE INTRUDER?

                                 MR. MANKTELOW:  PARDON ME?

                                 MS. PAULIN:  YOU WOULD HAVE WANTED YOUR

                    15-YEAR-OLD TO FIGHT OFF THE INTRUDER?

                                 MR. MANKTELOW:  IF I WASN'T THERE, YES.

                                 MS. PAULIN:  UM, UNDER THIS LAW YOU WOULD NOT --

                    THEY WOULD NOT BE ABLE TO DO THAT.

                                 MR. MANKTELOW:  SO, THE ONLY OTHER OPTION

                    WOULD BE TO CALL 9-1-1?

                                 MS. PAULIN:  YES.

                                 MR. MANKTELOW:  OKAY.  AND AS

                    ASSEMBLYWOMAN BYRNES ALREADY COMMENTED, IN OUR RURAL AREAS,

                    SOMETIMES WE MAY NOT SEE A POLICE OFFICER FOR 15, 20, 25, 30 MINUTES.

                    IN THAT SITUATION, WHAT ARE THOSE YOUNG PEOPLE SUPPOSED TO DO?

                                 MS. PAULIN:  THE -- SCIENCE HAS SHOWN THAT GUNS IN

                                         45



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    THE HOME FOR, IN YOUR SITUATION, YOUNG PEOPLE LIKE THAT, THAT THEY'RE

                    MUCH MORE SUSCEPTIBLE TO SUICIDE RISK AND -- AND ACCIDENTAL HARM.

                    THE LIKELIHOOD OF THAT SCENARIO IS SO SMALL THAT -- THAT IT'S -- COMPARED

                    TO THOSE OTHER RISK FACTORS, THAT IT'S HARD TO -- IT'S HARD FOR ME TO EQUATE.

                                 MR. MANKTELOW:  SO WHAT YOU'RE SAYING IS THESE

                    RISK FACTORS THAT HAVE BEEN STUDIED HAVE MORE CONTROL OVER MY TWO

                    CHILDREN IN MY HOME THAN WHAT I DO AS A PARENT AND WHAT'S BEST FOR

                    THEM?

                                 MS. PAULIN:  YES, BECAUSE THE RISK FACTORS ARE -- ARE

                    -- HAVE ALLOWED US IN THE UNITED STATES, BECAUSE OF THE SUPREME COURT

                    RULINGS, TO LOOK AT GOVERNMENTAL INTEREST, INCLUDING THINGS LIKE SUICIDE,

                    INCLUDING THINGS LIKE -- LIKE THEFT OF A WEAPON.  AND SO YES, IT'S IN OUR

                    GOVERNMENTAL INTEREST TO PROTECT THE LARGER GROUP OF CHILDREN.  DO YOU

                    KNOW THAT, YOU KNOW, THE CDC'S BEEN FOLLOWING THIS AND THEIR -- THE

                    DATA, YOU KNOW, JUST TO -- THE -- THE DATA THAT NEARLY 17 CHILDREN UNDER

                    18-YEARS-OLD DIED FROM ACCIDENTAL GUN DEATHS FROM 2001-2017, AND

                    33,000 MORE WERE INJURED.  ANOTHER 7,700 MINORS INCIDENTALLY KILLED

                    THEMSELVES WITH GUNS DURING THE SAME TIME PERIOD, AND MORE THAN

                    2,500 INTENTIONALLY INJURED THEMSELVES WITH FIREARMS.  AND THAT'S --

                    AND BECAUSE OF THAT, BECAUSE OF THAT, IT'S VERY COMPELLING AND GIVES US

                    A STRONG GOVERNMENTAL REASON TO -- TO DO A SAFE STORAGE BILL TO PROTECT

                    CHILDREN.

                                 MR. MANKTELOW:  OKAY.  AND I AGREE WITH SOME

                    OF YOUR COMMENTS JUST NOW, BUT I'M NOT TALKING ABOUT SUICIDE.  I'M NOT

                    TALKING ABOUT SOMEBODY GETTING SHOT.  I'M TALKING ABOUT THE TWO

                                         46



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    CHILDREN IN MY HOUSE PROTECTING THEMSELVES UNTIL LAW ENFORCEMENT OR

                    SOMEONE ELSE CAN ARRIVE.  WHAT ARE THEY SUPPOSED TO DO?

                                 MS. PAULIN:  WELL, YOU KNOW, THERE'S -- THERE'S --

                    THAT'S WHAT WE HAVE LAW ENFORCEMENT FOR.

                                 MR. MANKTELOW:  PARDON ME?

                                 MS. PAULIN:  THAT'S WHY WE HAVE LAW ENFORCEMENT.

                                 MR. MANKTELOW:  WELL, THE ISSUE WE HAVE RIGHT

                    NOW WITH LAW ENFORCEMENT IS TWO THINGS:  BACK AT HOME, RIGHT NOW I

                    KNOW SPEAKING WITH MY LOCAL SHERIFF, WE CANNOT KEEP ENOUGH

                    APPLICANTS THERE TO DO IT, FIRST OF ALL.  SECOND OF ALL, WITH THE PEOPLE

                    MOVING OUT OF THE STATE, WE DON'T HAVE ENOUGH APPLICANTS MOVING OUT,

                    BUT THIRDLY --

                                 MS. PAULIN:  SO, LET ME ASK YOU.  YOU'RE USING A

                    15-YEAR-OLD AS AN EXAMPLE --

                                 MR. MANKTELOW:  WELL, THAT'S REAL LIFE; THAT'S REAL

                    LIFE.

                                 MS. PAULIN:  NO. WELL, AT WHAT AGE WOULD YOU

                    WANT YOUR YOUNG PERSON IN YOUR HOUSE WHO IS UNTRAINED TO USE A GUN TO

                    BE ABLE TO HAVE ACCESS TO SHOOT A PERPETRATOR?  I MEAN, I KNOW FROM

                    DOMESTIC VIOLENCE THAT -- THAT WHEN THERE IS SOMEONE WHO WANTS TO

                    ATTACK, YOU KNOW, THE PERPETRATOR WANTS TO GET AT THE -- THAT USUALLY

                    FEMALE, THAT HAVING A GUN IN THE HOME IS ACTUALLY TO HER DETRIMENT

                    BECAUSE THEY'RE STRONGER AND USUALLY THE PERPETRATORS ARE GOING TO BE,

                    YOU KNOW, BIGGER AND STRONGER THAN A 15-YEAR-OLD.  AND IT'S MUCH

                    MORE LIKELY THAT -- THAT THE WEAKER PARTY IS GOING TO GET HURT BY THAT

                                         47



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    GUN BEING PART OF THAT CONVERSATION.  SO, I THINK THAT THERE'S A RISK.  I'M

                    NOT GOING TO, YOU KNOW, I DON'T PRETEND TO KNOW, YOU KNOW, THE SIZE OR

                    THE -- OF THE PERPETRATOR COMPARED TO YOUR CHILD, BUT THERE IS A RISK WITH

                    A WEAKER PARTY AND THAT MIGHT -- AND SO IT MAY DO MORE HARM THAN

                    GOOD TO HAVE THE CHILD ACTUALLY HAVE ACCESS IN THAT SITUATION, AS WELL.

                                 MR. MANKTELOW:  WELL, I THINK WHAT YOU JUST

                    SAID, YOU KNOW, THE RISK TO A YOUNGER CHILD, BUT I KNOW IN MY HOME,

                    MY CHILDREN ARE TRAINED ON HOW TO USE THEM.  SO, PROBABLY THE WEAKER

                    PERSON IS THE PERSON BREAKING IN TO MY HOUSE, JUST TO LET YOU KNOW.

                    THEY'RE VERY RESPONSIBLE FROM A VERY YOUNG AGE.  WE TEACH THEM

                    PROPER RESPECT FOR A GUN, HOW TO USE IT, WHEN NOT TO USE IT AND WHAT'S

                    PROPER AND WHAT'S NOT PROPER.  SO IN THIS SITUATION, I DON'T TEND TO AGREE

                    WITH THAT.  I JUST -- I REALLY THINK YOU'RE, WITH THIS BILL, WE'RE GOING TO

                    HURT SOME OF OUR YOUNG PEOPLE WITHOUT BEING ABLE TO DEFEND

                    THEMSELVES AND I WOULD MUCH RATHER HAVE MY CHILD HAVE THE OPTION TO

                    DEFEND THEMSELVES WITH A GUN THAN TO DO NOTHING AT ALL.

                                 MS. PAULIN:  SO, YOU KNOW, ONE OF THE THINGS, I

                    KNOW I'VE HEARD THIS BEFORE, YOU KNOW, THAT EDDIE EAGLE COURSE THAT

                    GIVES CHILDREN INFORMATION, YOU KNOW, WHEN THEY SEE A GUN WHAT TO DO

                    AND THIS AND THAT, AND WHAT NOT TO DO AND THOSE -- THOSE COURSES HAVE

                    BEEN STUDIED BY MANY PUBLIC HEALTH EXPERTS AND HAVE SHOWN THAT THEY

                    ACTUALLY -- THAT YOU CANNOT TELL A CHILD THAT THEY SHOULDN'T GET THE GUN.

                    THEY DO NOT -- THEY DO NOT ACTUALLY WORK AND, IN FACT, WHEN THEY HAVE

                    ACCESS, KIDS PLAY WITH THOSE GUNS AND THEY HARM THEMSELVES AND THEY

                    HARM EACH OTHER.  SO, YOU KNOW, WE -- USING THAT DATA, WE KNOW THAT

                                         48



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    THE BEST THING TO DO IS TO SAFELY STORE AND WITHOUT ADULT SUPERVISION

                    UNDER THE CASE OF -- OF A YOUNG CHILD THAT HAS A HUNTING LICENSE, THAT WE

                    ARE DOING THE BEST THING FOR THE CHILDREN IN THIS STATE.

                                 MR. MANKTELOW:  OKAY.  SO I'LL GO BACK TO WHAT

                    YOU JUST SAID AGAIN.  YOU'RE TALKING ABOUT THE COURSE.  WELL, MYSELF AS

                    A PARENT TEACHING MY YOUNG ONES WHAT TO DO AND WHAT NOT TO DO, TO ME

                    THAT'S BETTER THAN ANY COURSE BECAUSE THEY'RE GOING TO UNDERSTAND ME AS

                    A PARENT AND WHAT TO DO.  BUT WHERE DOES IT STOP?  SO, IF WE CAN'T GET A

                    GUN, WHAT'S THE NEXT THING THEY'RE GOING TO DEFEND THEMSELVES WITH, A

                    KNIFE?  AN AX?  OR ANYTHING THAT THEY CAN GET A HOLD OF?  BECAUSE,

                    BELIEVE IT OR NOT, I DON'T -- ALL THE STUDIES WILL SAY THIS OR SAY THAT, BUT IN

                    REALITY, IN TRUE LIFE, UNTIL YOU'RE IN THAT SITUATION IN YOUR HOME, YOU

                    DON'T KNOW HOW THINGS ARE GOING TO HAPPEN.  AND I UNDERSTAND HAVING

                    GUNS IN THE SAFE, I GOT ALL THAT, BUT THE SITUATION WHERE SOMEBODY'S

                    BREAKING INTO MY HOUSE, IT'S THE MIDDLE OF THE NIGHT AND MY CHILDREN

                    ARE THERE, YOU CANNOT FUMBLE THROUGH -- I HAVE THREE GUN SAFES AND

                    THEY ALL HAVE SECURITY CODES ON THEM.  FIRST OF ALL, IT'S DARK.

                    SOMEBODY'S COMING DOWN THE HALLWAY IN MY HOUSE TO HARM MY

                    CHILDREN OR ME, I WANT TO HAVE COMPLETE ACCESS TO THOSE GUNS AS SOON

                    AS POSSIBLE, AND THIS BILL REALLY DOESN'T ALLOW US TO DO THAT.  I

                    UNDERSTAND THE INTENT OF IT, AND IN SOME CASES, I THINK IT'S OKAY, BUT

                    RIGHT NOW IN OUR RURAL AREA, IT JUST DOES NOT WORK UPSTATE.

                                 MS. PAULIN:  WELL, I'LL JUST -- YOU KNOW, I'LL JUST

                    READ AGAIN FROM THE JACKSON COURT OF APPEALS WHERE -- THE JACKSON

                    CASE WHICH THE COURT OF APPEALS WAS THE LAST COURT THAT ACTUALLY WROTE

                                         49



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    ABOUT IT.  AND IT SAID, "UNLIKE THE CHALLENGED REGULATION IN HELLER,

                    SECTION 45.12", WHICH IS THE SAN FRANCISCO ORDINANCE, "DOES NOT

                    SUBSTANTIALLY PREVENT LAW-ABIDING CITIZENS FROM USING FIREARMS TO

                    DEFEND THEMSELVES IN THE HOME, RATHER SECTION 45.12 REGULATES HOW

                    SAN FRANCISCANS MUST STORE THEIR HANDGUNS WHEN NOT CARRYING THEM ON

                    THEIR PERSON."  SO, IT CERTAINLY DOESN'T PREVENT YOU, AS THE LICENSED GUN

                    OWNER, FROM DEFENDING YOURSELF.  IT SAYS THAT WHEN YOU DO NOT HAVE

                    THAT GUN UNDER YOUR IMMEDIATE CONTROL AND POSSESSION, THAT YOU MUST

                    SAFELY STORE IT FOR, FRANKLY, THE PROTECTION OF THE REST OF US.

                                 MR. MANKTELOW:  OKAY.  I BELIEVE IN ONE OF YOUR

                    COMMENTS YOU SAID THAT WERE WAS 17 DEATHS OVER BREAK-INS OVER THE

                    LAST --

                                 MS. PAULIN:  THE WHAT?

                                 MR. MANKTELOW:  THERE WAS 17 DEATHS FROM

                    BREAK-INS OVER THE 19 -- THE LAST 19 YEARS; IS THAT CORRECT?  GUN-RELATED.

                                 MS. PAULIN:  NO.

                                 MR. MANKTELOW:  NO?

                                 MS. PAULIN:  NO, I THINK -- LET ME GET THAT DATA

                    AGAIN.  NO.  IT WAS 1,700, 1,700 CHILDREN UNDER 18 DIED FROM

                    ACCIDENTAL GUN DEATHS --

                                 MR. MANKTELOW:  OKAY.

                                 MS. PAULIN:  -- AND ANOTHER 7,700 MINORS

                    INTENTIONALLY KILLED THEMSELVES WITH GUNS DURING THE SAME PERIOD, AND

                    ANOTHER 2,500 INTENTIONALLY INJURED THEMSELVES, AND THE 33,000 WERE --

                    WERE INJURED AND -- AND -- FROM ACCIDENTAL GUN DEATHS.

                                         50



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. MANKTELOW:  OKAY.  SO -- SO MY LAST

                    QUESTION, MA'AM, IS OF THE THOUSANDS AND THOUSANDS OF BURGLARIES THAT

                    HAPPEN EVERY YEAR, I BELIEVE THAT THE CHILDREN IN MY HOUSE, THE

                    CHILDREN IN OUR RURAL AREAS, OUR FAMILIES, AS PARENTS, WE HAVE THE RIGHT

                    TO SAY YES OR NO WHAT'S BEST FOR OUR KIDS AND MOVING FORWARD, THIS JUST

                    DOES NOT ALLOW US TO DO THAT.  IN SPEAKING TO -- GETTING SOME DATA FROM

                    MY OWN SELF, SPEAK TO OUR 2-1-1 CENTERS FROM -- I ASKED THE QUESTION,

                    WHAT'S THE MOST COMMON USE OF A SUICIDE, IT'S PILLS; GUNS WERE WAY

                    DOWN ON THE BOTTOM.  I UNDERSTAND YOUR POINT, BUT THERE ARE FAR WORSE

                    THINGS THAN GUNS OUT THERE RIGHT NOW.

                                 MS. PAULIN:  SO, WHEN -- HOW MANY -- JUST A

                    QUESTION.  ARE THERE MANY ROBBERIES, BECAUSE A BURGLARY IS WITHOUT A

                    WEAPON.  ARE THERE MANY ROBBERIES IN -- IN YOUR -- IN YOUR AREA?

                                 MR. MANKTELOW:  NO, BECAUSE --

                                 MS. PAULIN:  HOW MANY?  I MEAN, I'M JUST

                    WONDERING HOW MANY.

                                 MR. MANKTELOW:  NO, BECAUSE -- THERE REALLY

                    ISN'T BECAUSE WE'RE A RURAL AREA AND MOST PEOPLE THAT ARE GOING TO BREAK

                    IN KNOW THAT WE ARE ARMED AND WE DO HAVE GUNS IN OUR HOUSES SO

                    THEY'D PROBABLY CHOOSE NOT TO BREAK INTO OUR HOUSES.

                                 MS. PAULIN:  SO THERE AREN'T THAT MANY ROBBERIES --

                                 MR. MANKTELOW:  WELL, I DIDN'T SAY THERE AREN'T

                    THAT MANY, THERE'S A LOT OF --

                                 MS. PAULIN:  SO, I MEAN, LAST YEAR, WAS THERE ONE

                    ROBBERY IN YOUR TOWN?

                                         51



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. MANKTELOW:  I DON'T KNOW FOR SURE.

                                 MS. PAULIN:  SO -- SO YOU'RE SAYING THAT -- YOU'RE

                    GIVING ME A SCENARIO OF SOMETHING THAT NEVER HAPPENS, OR, YOU KNOW,

                    THAT IN YOUR MEMORY NEVER HAPPENS.  SO, I -- I REALLY DON'T UNDERSTAND

                    THAT COMPARED TO, YOU KNOW, IF -- YOU AND YOUR 15-YEAR-OLD WAS IN A

                    HOME AND YOU WEREN'T THERE AND HE HAD THE PRIVILEGE OF KNOWING

                    WHERE THE, YOU KNOW, OF HAVING THAT GUN AND, YOU KNOW, THAT HE THEN

                    HAD OTHER 15-YEAR-OLDS VISITING HIM IN YOUR ABSENCE, BECAUSE YOU'RE

                    NOT THERE, THOSE OTHER 15-YEAR-OLDS WHO MAY NOT HAVE BEEN TRAINED

                    MIGHT GET ACCESS AND MIGHT HURT YOUR CHILD OR THE OTHER CHILD OR THE

                    THIRD CHILD WHO WAS THERE, AND YOU'RE SAYING THAT RISK IS NOT GREAT

                    BECAUSE YOUR CHILD IS TRAINED, BUT WHAT ABOUT THE OTHER CHILDREN WHO

                    MIGHT GET EXPOSURE?  THAT'S WHAT THIS IS TALKING ABOUT, COMPARED TO THE

                    ROBBERIES THAT DON'T EXIST.  SO, I REALLY DON'T UNDERSTAND THE ARGUMENT.

                                 MR. MANKTELOW:  OKAY.  WELL, AS YOU JUST SAID,

                    THEY MAY NOT EXIST, BUT THE ONE TIME THAT IT DOES, I WANT TO BE SURE THAT

                    MY CHILDREN HAVE THE RIGHT TO DEFEND THEMSELVES.

                                 MS. PAULIN:  AND I WOULD SAY THE ONE TIME THAT

                    YOUR CHILD HAD ACCESS TO THE GUN AND THEY HAD ANOTHER CHILD THAT CAME

                    OVER, AND THE PARENTS OF THAT OTHER CHILD WOULD WANT THEIR CHILD

                    PROTECTED.

                                 MR. MANKTELOW:  OKAY.  WELL, MOST OF THE --

                    MOST OF THE PARENTS AND FAMILIES IN OUR RURAL AREAS, MOST EVERYBODY HAS

                    A GUN SO I THINK MOST FAMILIES ARE UNDERSTANDABLE.  THANK YOU,

                    SPONSOR.

                                         52



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. MANKTELOW:  FIRST OF ALL, THANK YOU VERY

                    MUCH, SPONSOR, FOR TAKING MY QUESTIONS.  AND AS WE'VE DISCUSSED,

                    SOME OF THE THINGS WE'VE TALKED ABOUT, BACK HOME WHAT WORKS IN

                    CERTAIN AREAS DOESN'T WORK IN ANOTHER AREA.  AND MY TRUE CONCERN ABOUT

                    THIS IS THE PROTECTION OF OUR YOUNG PEOPLE, THE OPTION TO DEFEND

                    OURSELVES IN OUR HOMES.  TAKING THAT OPTION AWAY FOR ONE CASE WHERE

                    SOMEBODY COMES IN AND A YOUNG PERSON THAT'S TRAINED CANNOT DEFEND

                    THEMSELVES, I CANNOT SUPPORT THAT.  AND IT REALLY DOES TAKE AWAY THAT --

                    THAT OPTION AS A FAMILY, AS YOUNG PEOPLE.

                                 I DO THANK YOU FOR THE TIME, SPEAKER, AND I WILL VOTE

                    NO ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. RYAN.

                                 MR. RYAN:  WILL THE SPONSOR YIELD FOR A QUESTION OR

                    TWO?

                                 ACTING SPEAKER AUBRY:  MS. PAULIN, WILL YOU

                    YIELD?

                                 MS. PAULIN:  YES.

                                 MR. RYAN:  SO, I HAVE A QUESTION ABOUT THIS BILL

                    COMPARED TO THE PREVIOUS BILL.  DID THE PREVIOUS BILL YOU CARRIED ON

                    THIS STRETCH THIS PROTECTION FOR OTHER PEOPLE OUTSIDE OF THE HOMES?

                                 MS. PAULIN:  SAY THAT ONE MORE TIME, I'M SORRY.

                                 MR. RYAN:  THE CURRENT BILL, IS IT ONLY LIMITED TO THE

                                         53



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    HOMES, HOUSES, OR DOES THAT COUNT FOR CARS AND OTHER --

                                 MS. PAULIN:  NO, IT'S ONLY HOMES.

                                 MR. RYAN:  AND DID YOUR PREVIOUS BILL --

                                 MS. PAULIN:  NO, IT WAS ONLY HOMES, AS WELL.

                                 MR. RYAN:  I WANTED TO ASK YOU THIS QUESTION ABOUT,

                    WE KEEP HEARING ABOUT THIS SAFETY AND WE'RE GETTING, I THINK, SORT OF A

                    STRANGE VIEW OF WHAT RESPONSIBLE GUN OWNERSHIP IS.  YOU KNOW, I'VE

                    BEEN A GUN OWNER AND I HAVE A SAFE AND THAT'S WHERE I KEEP MY GUNS.

                    THE VERY THOUGHT THAT SOMEONE WOULD LOCK -- WOULD LOAD A WEAPON

                    AND SAY, KIDS, I'M GOING OUT TO THE STORE, HERE'S A LOADED WEAPON.

                    YOU KNOW, YOU LOOK AT THE NRA'S OWN BOOK ON HOW TO SAFELY STORE A

                    WEAPON, THEY SAY DO NOT LEAVE A LOADED WEAPON ANYWHERE AROUND

                    CHILDREN.  SO, THIS IDEA THAT YOU'RE GOING TO INFRINGE ON SOMEONE'S RIGHT

                    BY KEEPING A CHILD SAFE, LIKE WHO WOULD GIVE A LOADED WEAPON TO A

                    CHILD AND SAY, HERE YOU GO, YOU KNOW, PROTECT YOURSELF.  I MEAN, THAT'S

                    WHAT YOU'RE TRYING TO PROTECT PEOPLE FROM; IS THAT CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. RYAN:  SO WE RECENTLY HAD A SITUATION, YOU

                    KNOW, EVERY YEAR IT ALMOST ALWAYS HAPPENS ON A SNOW DAY.  A CHILD IS

                    ACCIDENTLY SHOT WITH -- WITH A WEAPON.  AND HERE'S HOW IT USUALLY

                    HAPPENS.  PARENTS BOTH GO TO WORK, KIDS, ADOLESCENTS ALL DAY LONG, IDLE

                    HANDS, THE DEVIL'S WORKSHOP - YOU'VE HEARD THAT - AND GUESS WHAT THEY

                    FIND WHEN THEY'RE LOOKING AROUND THEIR PARENT'S HOUSE?  THEY FIND AN

                    OLD GUN AND EVERYONE ALWAYS THINKS THAT GUN IS LOADED, YOU KNOW, AND

                    WE'VE ALL SEEN KIDS PLAY -- PLAY WITH EACH OTHER.  THEY'RE ALWAYS

                                         54



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    POINTING TOY GUNS AT EACH OTHER, BUT WE ALWAYS SEEM TO HAVE THE

                    TRAGEDY THAT THE UNLOADED GUN IS A LOADED GUN, THE GUN THEY THOUGHT

                    WAS A TOY GUN WAS A REAL GUN AND THEN WE HAVE A NEEDLESS, NEEDLESS

                    DEATH.  I MEAN, IS THAT WHAT YOU'RE TRYING TO PREVENT IN THIS TYPE OF BILL?

                                 MS. PAULIN:  YES; IN FACT, JUST PREPARING FOR THE

                    DEBATE, I READ MANY STORIES AND EXACTLY WHAT YOU'RE SUGGESTING IS WHAT

                    HAPPENS.  AND, IN FACT, ONE TRAGIC STORY, AND I BELIEVE IT MIGHT HAVE

                    EVEN BEEN IN YOUR AREA, WHERE THE CHILD WAS PLAYING WITH THE GUN AND

                    IT FIRED AND NOTHING CAME OUT AND THOUGHT THAT -- THAT IT WAS UNLOADED

                    AND THEN POINTED IT AT HIS SISTER AND -- AND SHOT HER AND KILLED HER.

                                 MR. RYAN:  IT'S A TRAGEDY, AND THIS IS THE TYPE OF

                    THING WE'RE TRYING TO AVERT WITH THIS BILL.  BUT LET ME GO BACK TO THE SAFE

                    STORAGE OUTSIDE OF HOUSES, OR ACTUALLY IN HOUSES.  EACH YEAR BETWEEN

                    300,000 AND 600,000 GUNS ARE STOLEN.  AT THE HIGH NUMBER, THAT'S

                    1,600 GUNS A DAY ARE STOLEN FROM PEOPLE'S HOUSES, FROM PEOPLE'S CARS,

                    FROM THEIR LOCKERS AT WORK.  DOES THIS BILL, DO YOU THINK WILL REDUCE THE

                    NUMBER OF STOLEN GUNS FROM PEOPLE'S HOUSES?

                                 MS. PAULIN:  YES.  IN 2018, JOHN HOPKINS

                    UNIVERSITY DID A STUDY OF HOW MANY GUNS ARE ACTUALLY STORED.  AND IT'S

                    -- FROM LEGALLY-OWNED GUNS, YOU KNOW, IF YOU DON'T LEGALLY OWN IT,

                    YOU'RE NOT GOING TO ADMIT IT, SO -- AND THE STUDIES SHOW THAT ONLY 50

                    PERCENT OF GUNS WERE SAFELY STORED.  SO, IF -- THIS WILL HOPEFULLY RAISE

                    THAT BAR AND, YES, PREVENTING GUNS FROM BEING STOLEN --

                                 MR. RYAN:  RIGHT.

                                 MS. PAULIN:  -- IS -- IS A KEY FACTOR OF -- AND A KEY

                                         55



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    REASON WHY WE'RE DOING THIS.

                                 MR. RYAN:  BECAUSE THAT'S WHERE A LOT OF ILLEGAL

                    GUNS MAKE IT TO THE STREET, IT'S BECAUSE RESPONSIBLE GUN OWNERS, YOU

                    KNOW, "AIR QUOTES", ARE LEAVING THEIR GUNS UNLOCKED AND UNATTENDED IN

                    THEIR HOUSES, YOU KNOW, WHEN THEY GO OUT.  SO, I'VE HEARD TODAY A LOT

                    ABOUT HOW I NEED THE GUN AROUND TO PROTECT ME FROM, I GUESS,

                    MARAUDERS THAT HAPPEN TO BE GOING ALL AROUND AREAS OF NEW YORK

                    STATE, BUT WHEN YOU LEAVE YOUR HOUSE, WHY WOULD YOU EVER LEAVE A

                    LOADED GUN IN YOUR HOUSE?  I -- I HAVE NO IDEA.

                                 LET ME TELL YOU ABOUT A SITUATION THAT DID JUST HAPPEN

                    IN BUFFALO.  FIRST RESPONDER, OF ALL THINGS, GOES TO WORK, BRINGS HIS GUN

                    LOADED WITH HIM, LEAVES IT IN THE CAR.  CAR'S UNLOCKED, SOMEONE STEALS

                    THE GUN; LUCKILY THERE WAS NO INJURY, BUT IF, IN FACT, THAT GUN WAS USED,

                    SAY, TO SHOOT A CHILD, WOULD THERE BE ANY PROTECTIONS OFFERED UNDER THIS

                    BILL FOR A GUN THAT WAS IRRESPONSIBLY STORED IN A CAR THAT WAS THEN USED

                    IN A CRIME?

                                 MS. PAULIN:  NOT -- NOT REALLY.  I MEAN, I'M

                    ASSUMING THE PERSON HAD A LICENSE TO CARRY.

                                 MR. RYAN:  THEY DID.

                                 MS. PAULIN:  NOW, I DON'T KNOW WHAT THE LAW IS

                    SPECIFICALLY IF YOU LEAVE THE GUN UNSUPERVISED, YOU KNOW, UNDER THE

                    SCENARIO OF CARRYING, IF THERE'S ANY REQUIREMENT TO ACTUALLY CARRY IT ON

                    YOUR PERSON OR NOT, BUT I WOULD THINK THAT THAT'S THE AREA TO LOOK AT.  I

                    DON'T KNOW, BUT THIS DOES NOT COVER THAT SCENARIO.

                                 MR. RYAN:  I THINK YOU'D BE SHOCKED TO FIND OUT THAT

                                         56



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    UNDER NEW YORK STATE, YOU CAN LEAVE A LOADED HANDGUN ON YOUR

                    DASHBOARD WITH THE WINDOWS ROLLED DOWN AND THAT'S NOT AGAINST THE

                    LAW, AND THAT WILL NOT LEAD TO THE REVOCATION OF YOUR PISTOL PERMIT.  IS

                    THAT THE TYPE OF THING YOU'D BE INTERESTED IN LOOKING AT IN THE FUTURE,

                    AND MAYBE WORKING ON?

                                 MS. PAULIN:  I'M WRITING IT DOWN.

                                 MR. RYAN:  THAT'S GOOD; THAT'S GOOD.

                                 (LAUGHTER)

                                 SO...

                                 MS. PAULIN:  AND, IN FACT, YOU SHOULD KNOW, IN SAN

                    FRANCISCO, A SUBSEQUENT ORDINANCE THAT THEY DID WAS EXACTLY WHAT

                    YOU'RE TALKING ABOUT, AND I ACTUALLY WAS THINKING ABOUT IT WHEN I WAS

                    READING ABOUT THEIR -- THEIR CASE YESTERDAY, SO IT'S VERY ON-POINT.

                                 MR. RYAN:  YES.  YOU KNOW, I ACTIVELY SHOOT, I

                    SHOOT SKEET, I HUNT AND I GO TO THE SKEET CLUB SOMETIMES AND I HEAR

                    GUYS TALKING ABOUT THEIR CAR GUNS, HOW THEY HAVE A SEPARATE GUN JUST

                    FOR THEIR CAR.  AND I ASKED THEM, I SAID, IS THAT GUN, IS IT IN THE PARKING

                    LOT RIGHT NOW IN THEIR CAR?  OH, YEAH, IN CASE WHEN I GET IN THAT CAR I

                    NEED IT.  I SAID, WELL, WHAT IF SOMEONE BREAKS INTO YOUR CAR?  THEY

                    SAID, THAT'S MY SECOND AMENDMENT RIGHT.  BUT I KNOW THE STREETS OF

                    THE CITY OF BUFFALO ARE LITTERED WITH GUNS THAT HAVE BEEN STOLEN FROM

                    PEOPLE'S HOUSES, PEOPLE WHO DON'T HAVE THE RESPONSIBILITY TO STORE THAT

                    GUN IN -- IN A PROPER -- PROPER MANNER.

                                 MS. PAULIN:  SO, I'VE BEEN CORRECTED HERE.  THEY

                    WOULD HAVE TO HAVE A GUN LOCK IF IT WAS IN THE CAR.

                                         57



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. RYAN:  RIGHT, RIGHT.  SO...

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    RYAN.

                                 MR. RYAN:  SO, I HAVE BEEN AROUND GUNS MY ENTIRE

                    LIFE.  MY FATHER TRAINED ME HOW TO USE GUNS.  MY FATHER WOULD TURN

                    OVER IN HIS GRAVE IF I SAID TO HIM, DAD, IS IT A GOOD IDEA TO LOAD UP MY

                    GUNS AND THEN GO OUT FOR THE DAY AND LEAVE IT WITH MY CHILDREN?  MY

                    DAD WOULD ASK ME IF I'VE GONE INSANE.  THE THOUGHT OF LEAVING CHILDREN

                    IN THE HOUSE WITH -- UNATTENDED WITH LOADED GUNS IS BEYOND THE PALE OF

                    REASONABLENESS.  BUT LET ME TELL YOU, MR. SPEAKER, SAFE STORAGE IS A

                    RESPONSIBILITY OF EVERY GUN OWNER.  THEY OWE IT NOT TO JUST THEMSELVES,

                    BUT TO THEIR NEIGHBORS, TO THE KIDS WHO COME INTO THEIR HOUSES.  IT'S NOT

                    AN INFRINGEMENT ON ANYONE'S RIGHT.  BEING RESPONSIBLE TO YOUR NEIGHBOR

                    IS REALLY THE FIRST RIGHT IN RESPONSIBILITY WE SHOULD THINK OF AS GOOD

                    CITIZEN.  OWNING A GUN IS A TREMENDOUS RESPONSIBILITY AND IT SHOULD

                    ALSO BE A TREMENDOUS LIABILITY.

                                 I HAVE A SAFE IN MY ATTIC, THAT'S WHERE I KEEP MY LONG

                    GUNS.  I HAVE A SEPARATE BOX WITH A SEPARATE LOCK WHERE I KEEP MY

                    AMMUNITION, AND THAT'S IN CASE MY HOUSE DOES GET BURGLED AND

                    SOMEBODY'S ABLE TO ACCESS ONE CONTAINER, THEY'RE NOT ABLE TO ACCESS

                    ANOTHER CONTAINER.  I THINK THAT IS THE BASIC RESPONSIBILITY THAT YOU OWE

                    TO YOUR FAMILY, TO YOUR NEIGHBORS, TO OTHER CITIZENS IN YOUR COMMUNITY.

                    WE NEED TO STOP THE FLOW OF GUNS THAT ARE BEING BURGLED FROM PEOPLE'S

                    HOUSES, FROM THEIR CARS, FROM THEIR BOOKBAGS AND ENDING UP OUT ON THE

                                         58



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    STREET.  AND I THINK THAT'S A RESPONSIBILITY THAT EVERY GUN OWNER OWES

                    ME AND OWES EVERYBODY IN OUR COMMUNITY.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. DIPIETRO.

                                 MR. DIPIETRO:  THANK YOU, MR. SPONSOR -- OR MR.

                    SPEAKER.  WOULD THE SPONSOR YIELD FOR A COUPLE QUICK QUESTIONS?

                                 MS. PAULIN:  YES.

                                 MR. DIPIETRO:  THANK YOU, AMY.  YOU BROUGHT UP

                    A COUPLE FACTS AND I JUST WANTED TO -- REAL QUICKLY.  YOU MADE A

                    COMMENT EARLIER ABOUT STORING THE AMMO AND THE FIREARMS SEPARATELY.

                    THAT'S NOT IN THE BILL, WAS THAT JUST A STATEMENT TO ANOTHER

                    ASSEMBLYPERSON?  I WAS LISTENING AND YOU MENTIONED SOMETHING ABOUT

                    STORING SEPARATELY AND IT JUST CAUGHT ME OFF GUARD.  MAYBE THAT WAS JUST

                    IN RESPONSE TO A QUESTION.

                                 MS. PAULIN:  SO, WHAT THE -- WHAT THE BILL SAYS IS

                    THAT IT, SHALL STORE OTHERWISE LEAVE SUCH RIFLE, SHOTGUN OR FIREARM OUT

                    OF, YOU KNOW, OUT OF HIS OR HER IMMEDIATE POSSESSION OR CONTROL

                    WITHOUT HAVING FIRST SECURELY LOCKED SUCH RIFLE, SHOTGUN OR FIREARM IN

                    AN APPROPRIATE SAFE STORAGE DEPOSITORY, OR RENDERED IT INCAPABLE OF

                    BEING FIRED BY USING A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON.

                    SHALL MEAN A SAFE OR SECURE CONTAINER WHICH, WHEN LOCKED, IS

                    INCAPABLE OF BEING OPENED.  NO, YOU'RE RIGHT, WE CHANGED IT.  RIGHT?

                    WE CHANGED IT, YOU'RE RIGHT.  THAT WAS THE -- THAT WAS ONE OF THE

                    CHANGES.

                                 MR. DIPIETRO:  THAT WAS ONE OF THE CHANGES, OKAY.

                                         59



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MS. PAULIN:  YEAH.

                                 MR. DIPIETRO:  YEAH, I JUST WANTED TO DOUBLE

                    CHECK THAT.

                                 MS. PAULIN:  YEAH.

                                 MR. DIPIETRO:  ANOTHER THING.  WHEN WE DEBATED

                    THIS A FEW YEARS AGO, ONE THING THAT WAS BROUGHT UP WAS THE SAFE

                    STORAGE FROM THE VEHICLE TO THE HOME AND ONE OF THE POINTS BROUGHT UP

                    WAS IF YOU STOPPED AT 7-ELEVEN ON THE WAY HOME FROM SHOOTING AT A

                    SHOW OR AT YOUR CLUB, THAT UNDER THAT BILL YOU WOULD HAVE TO PHYSICALLY

                    CARRY IN ON YOUR PERSON ALL THESE FIREARMS.  WOULD THAT -- DID THAT

                    CHANGE?  IS THE TRUNK NOW A SAFE PLACE OR DO YOU STILL HAVE TO GO

                    DIRECTLY HOME?  HOW IS THAT WORDED?

                                 MS. PAULIN:  SO, BECAUSE OF THE CHANGE IN WHEN IT'S

                    A VIOLATION, IT COMPLICATES IT.  BEFORE, WE REQUIRED EVERY GUN TO BE

                    SAFELY STORED NO MATTER, YOU KNOW, IN THE OLD BILL THAT WE DEBATED A

                    FEW YEARS AGO.  NOW WE'RE SAYING THAT THERE HAS TO BE AN EXPECTATION

                    THAT THERE'S A CHILD PRESENT.  SO -- SO THAT -- SO THAT'S THE ADDED FACTOR

                    THAT WOULD HAVE TO BE CONSIDERED, YOU KNOW, WHEN YOU WERE

                    DETERMINING WHETHER OR NOT ANY FACILITY WAS A SECURE, LOCKED PLACE.

                                 MR. DIPIETRO:  TRUNK?  IS A LOCKED TRUNK

                    CONSIDERED --

                                 MS. PAULIN:  I GUESS IF THE CHILD KNEW HOW TO PRESS

                    THE BUTTON TO UNLOCK THE TRUCK -- THE TRUNK, YOU KNOW, AND WAS IN THE,

                    CAR THEN YOU'D HAVE A PROBLEM.  NO CHILD IN THE CAR, NO ABILITY TO

                    UNLOCK THE TRUNK, THEN NOT A PROBLEM.

                                         60



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MR. DIPIETRO:  THAT'S WHAT I -- OKAY.  AND THEN, I

                    DON'T KNOW IF YOU -- YOU MADE A STATEMENT JUST SHORTLY AGO, 30,000 --

                    33,000 ACCIDENTAL DEATHS, BUT IT WAS --

                                 MS. PAULIN:  UM, NO, I THINK IT WAS NOT -- THAT WAS

                    INJURIES; 33,000 INJURIES.

                                 MR. DIPIETRO:  INJURIES, RIGHT.  AS OF 2018 OR 2016,

                    THERE WERE ONLY 495 ACCIDENTAL BY FIREARMS.

                                 MS. PAULIN:  THIS WAS FOR TIME PERIOD.

                                 MR. DIPIETRO:  OH, OKAY.

                                 MS. PAULIN:  YEAH.

                                 MR. DIPIETRO:  OKAY.  LET'S SEE, WHAT ELSE DID I

                    HAVE.  THE MAJOR CAUSES OF DEATH BY FIREARMS, WHAT ARE THEY?

                                 MS. PAULIN:  THE MAJOR CAUSES?

                                 MR. DIPIETRO:  YEAH, WHY?  IS IT -- WHAT I'M TRYING

                    TO GET AT IS I'M TRYING TO THINK OF SUICIDE.

                                 MS. PAULIN:  YEAH.

                                 MR. DIPIETRO:  CRIMINAL ACTIVITY.

                                 MS. PAULIN:  RIGHT.

                                 MR. DIPIETRO:  MENTAL ILLNESS.

                                 MS. PAULIN:  WELL, SUICIDE IS PROBABLY THE --

                                 MR. DIPIETRO:  MENTAL ILLNESS.

                                 MS. PAULIN:  YES, THE HIGHEST ONE.

                                 MR. DIPIETRO:  OKAY.

                                 MS. PAULIN:  AND THAT COULD BE DUE TO MENTAL

                    ILLNESS OR, YOU KNOW, OR DUE TO, YOU KNOW, DEPRESSION THAT'S NOT --

                                         61



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    DOESN'T RISE TO THAT THRESHOLD.

                                 MR. DIPIETRO:  OKAY.  ALL RIGHT.  I THINK THAT'S ALL I

                    HAD FOR YOU.  THANK YOU.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. DIPIETRO:  WE DEAL WITH THIS AND WE ALL AGREE

                    THAT -- THAT SAFE STORAGE -- I HAVE A GUN SAFE, AND MY WIFE LITERALLY

                    EVERY WEEK MAKES A COMMENT BECAUSE THE SAFE IS OUTSIDE OF OUR

                    BEDROOM AND SO IF SOMEONE COMES IN, I WILL NEVER HAVE TIME TO ACCESS

                    MY SAFE AND I HATE TO SAY THAT PUBLICLY, BUT -- I'M DONE IF SOMEONE

                    COMES IN BY THE TIME I GET TO MY SAFE, SO -- BUT I DON'T STORE THEM

                    ANYWHERE ELSE, THEY'RE SAFE STORED.  AND WE ALL AGREE THAT THAT'S THE

                    BEST WAY, BUT I THINK A LOT OF -- YOU'RE DEALING WITH A LOT OF OLDER

                    PEOPLE WHO LIVE BY THEMSELVES WHO ARE VERY SCARED.  THEY'VE BEEN

                    RESPONSIBLE GUN OWNERS FOR A LONG TIME, YEARS AND YEARS.  THEY'RE NOT

                    CRIMINALS.  AND BECAUSE THEY'RE SCARED, THEY KEEP IT SAFELY NEXT TO THEIR

                    BED, A SMALL, MAYBE A SMALL CALIBER PISTOL.  AND THERE ARE MANY, MANY

                    STORIES WHERE THAT SMALL CALIBER PISTOL HAS BEEN THE DETERMINING FACTOR

                    IN SAVINGS THEIR LIFE VERSUS THE INTRUDER.

                                 AND I JUST THINK THIS BILL GOES TOO FAR IN THAT RESPECT.

                    IT TAKES AWAY -- AGAIN, IT'S ANOTHER ONE OF THESE BILLS THAT IS A DETRIMENT

                    TO THE LAW-ABIDING CITIZEN.  I'M NOT GOING TO GET INTO STATISTICS, I KNOW

                    495 ACCIDENTAL DEATHS IS 495 TOO MANY, BUT CONSIDERING THAT THEY'RE IN

                    SOME ESTIMATES UP TO 2 TO 3 BILLION GUNS IN THE UNITED STATES, MOST OF

                    THEM -- MOST GUN OWNERS, YOU CAN'T REGULATE STUPIDITY.  AND WITH THIS

                                         62



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    BILL, I THINK WHAT'S GOING TO HAPPEN IS I THINK THE PEOPLE WHO AREN'T

                    GOING TO ABIDE BY THIS BILL ARE STILL GOING TO NOT ABIDE BY IT AND IT'S NOT

                    GOING TO BE UNTIL SOMEBODY GETS -- GETS HURT AND THEN THEY'RE GOING TO

                    GET CHARGED AND THEN THE FULL WEIGHT OF THE -- OF THE LAW WILL COME INTO

                    EFFECT, BUT I DON'T THINK IT'S GOING TO CHANGE PEOPLE'S ATTITUDES.  LIKE I

                    SAID, YOU CAN'T LEGISLATE STUPIDITY AND IF PEOPLE ARE GOING TO DO THAT,

                    THEY'RE GOING TO DO IT.

                                 SO, I LOOK AT -- A LOT OF TIMES I LOOK IN HERE AND WE PUT

                    IN THIS GUN LEGISLATION AND PEOPLE SAY CERTAIN PEOPLE IN THIS CHAMBER

                    ARE AGAINST GUNS, AND I SAY THAT'S JUST NOT TRUE.  THEY'RE ALL FOR GUNS,

                    ACTUALLY.  MOST PEOPLE IN THIS CHAMBER AND THE MAJORITY ARE FOR GUNS

                    BECAUSE THEY'RE NOT REGULATING THEM AWAY FROM THE POLICE OR SOME ELITE

                    CITIZENS IN OUR SOCIETY.  THEY WANT THEM TO HAVE GUNS, THEY JUST DON'T

                    WANT THE AVERAGE CITIZEN TO HAVE A GUN BECAUSE SOMEHOW THE AVERAGE

                    CITIZEN, WITH 2 TO 3 BILLION GUNS FLOATING AROUND THIS COUNTRY, AND --

                    AND BILLIONS OF ROUNDS OF AMMUNITION, WE'RE NOT RESPONSIBLE.  AND I

                    DISAGREE.

                                 SO, WHAT I WOULD LIKE TO SAY IS THIS ANOTHER ONE OF

                    THOSE BILLS THAT GOES TOO FAR, THAT INFRINGES UPON OUR SECOND

                    AMENDMENT RIGHTS.  IT'S A LOT OF SLICK LANGUAGE, BUT WHEN WE COME

                    DOWN TO IT, IT'S STILL JUST ONE MORE NICK IN THE PIECE OF WOOD TOWARDS

                    GUN CONFISCATION.  WE SEE IT WITH STUPID LAWS THAT CAME INTO EFFECT,

                    LIKE SEVEN ROUNDS BEING THE MAXIMUM YOU CAN HAVE, WHERE THAT

                    NUMBER WAS JUST MADE UP OUT OF THIN AIR WHEN THERE WASN'T A

                    MANUFACTURER IN THE WORLD WHO MAKES A MAGAZINE OR A CLIP FOR SEVEN

                                         63



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    ROUNDS, AND THAT WAS DONE ON PURPOSE.  AGAIN, TO DISSUADE, TO KEEP

                    NICKING AT THE SECOND AMENDMENT SO THAT AS YEARS GO BY, MORE PEOPLE

                    WILL NOT WANT TO BE A LEGAL GUN OWNER BECAUSE THEY'LL JUST SAY, YOU

                    KNOW WHAT?  WE JUST -- IT'S TOO MUCH HOOPS TO GO THROUGH AND IT WILL

                    GO AGAINST OUR SECOND AMENDMENT RIGHTS AS WE CONTINUALLY GET THEM

                    TRAMPLED ON.

                                 YOU KNOW, THERE ARE OTHER BILLS COMING UP LIKE WE

                    CAN'T HAVE RAFFLES, NON-FOR-PROFIT HAVE RAFFLES THAT INCLUDE FIREARMS

                    WHEN MOST OF THE STATE, THE EMERGENCY EQUIPMENT ARE FIREMEN,

                    AMBULANCE PROVIDERS, FIRST RESPONDERS, CHURCHES, ALL THESE

                    ORGANIZATIONS, THAT'S HOW THEY MAKE THEIR MONEY.  I'VE RECEIVED

                    HUNDRED OF LETTERS SAYING NOT TO LET THAT BILL COME THROUGH.  AGAIN, JUST

                    ANOTHER INFRINGEMENT ON OUR SECOND AMENDMENT RIGHTS.  AND SO, I'LL

                    BE VOTING IN THE NEGATIVE.  I WOULD HOPE THAT OUR -- OUR -- THAT WE JUST

                    SAY NO TO THIS BILL AND MOVE ON AND TRY TO COME UP WITH A LITTLE BIT

                    BETTER LANGUAGE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. REILLY.

                                 MR. REILLY:  THANK YOU, MR. SPEAKER.  I JUST WANT

                    TO TOUCH ON A FEW THINGS THAT I HEARD, SO ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. REILLY:  JUST DURING THE DEBATE, I HEARD SOME

                    CONVERSATIONS THAT I FELT LIKE I WANTED TO MAKE SURE THAT I HIGHLIGHTED

                    AND I SPOKE ABOUT.  WE HEARD EARLIER TALKING ABOUT BURGLARIES AND

                    SAYING THAT, YOU KNOW, BURGLARIES DON'T HAVE FIREARMS INVOLVED.  I JUST

                    WANT TO LET EVERYBODY KNOW THAT I COULD TELL YOU THAT I'VE RESPONDED TO

                                         64



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    AND I'VE MADE SEVERAL ARRESTS OVER MY CAREER WITH THE NYPD OF PEOPLE

                    COMMITTING BURGLARIES WITH FIREARMS OR OTHER DANGEROUS WEAPONS.  AS

                    A MATTER OF FACT, UNFORTUNATELY IN 2005, WE HAD NYPD POLICE OFFICER

                    DANIEL ENCHAUTEGUI FROM THE 40TH PRECINCT WAS KILLED IN AN ATTEMPTED

                    BURGLARY, AND THAT WAS BY A MOVIE STAR WHO PARTICIPATED IN THAT

                    HEINOUS CRIME.  SO, THESE ARE THINGS THAT REALLY DO HAPPEN AND I THINK

                    WE ALL, AS A BODY, SHOULD REMEMBER THAT.  AND I ALSO HEARD ABOUT

                    LEAVING A FIREARM ON A DASHBOARD WITH A WINDOW ROLLED DOWN.  I WILL

                    TELL YOU THAT AS A POLICE OFFICER, THAT PERSON WOULD PROBABLY BE ARRESTED

                    AND CHARGED WITH RECKLESS ENDANGERMENT, WHICH IS ALREADY COVERED IN

                    THE PENAL LAW, AND AS THEY SHOULD BE CHARGED.

                                 SO, THESE ARE THINGS THAT I JUST WANT TO HIGHLIGHT AND

                    LET US KNOW THAT THERE ARE LAWS IN PLACE THAT WE CAN ALREADY PROSECUTE

                    PEOPLE WHO DO THOSE THINGS.  AND IF SOMEONE DOESN'T SAFEGUARD THEIR

                    FIREARM AND THERE'S A TRAGEDY, THEY WILL BE CHARGED WITH A CRIME, AS

                    THEY SHOULD BE.  AND I JUST WANTED TO MAKE SURE THAT WE ALL REMEMBER

                    THAT AND MOST OF ALL, I WANTED US TO REMEMBER THE NYPD OFFICER WHO

                    LOST HIS LIFE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ.

                                 MR. ORTIZ:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. ORTIZ:  LET ME JUST -- JUST FOR A POINT OF

                    INFORMATION AND A LITTLE FOOTNOTE, I WOULD LIKE TO SAY THAT WE DO -- WE

                    DO CARE ABOUT OUR LAW ENFORCEMENT AND OUR POLICE OFFICER.  HAVING A

                    COUSIN WHO IS A U.S. MARSHAL AND A BROTHER WHO IS A LAW ENFORCEMENT

                                         65



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    OFFICER, I WOULD SAY THAT WE -- THAT WE DO SYMPATHIZE WITH THEM AND

                    THEIR FAMILY, AS WELL.

                                 BUT THIS BILL, IN REALITY, IS ABOUT SAVING LIFE.  IT'S ABOUT

                    SAVING THE LIFE OF OUR CHILDREN, PROTECTING OUR CHILDREN AND THOSE

                    AROUND OUR CHILDREN.  FOUR HUNDRED AMERICANS WILL DIE IN

                    UNINTENTIONAL HOME SHOOTING THIS YEAR, AND RESEARCH HAS PROVED THAT --

                    RESEARCH HAVE ALSO SHOWED THAT THOSE REQUIRING -- REQUIRING USE OF GUN

                    LOCKS ARE EFFECTIVE AT PREVENTING SUICIDAL AT HOME.  ELEVEN STATES, MR.

                    SPEAKER, HAVE LAW CONCERNING FIREARMS, LOCKING DEVICES.

                    MASSACHUSETTS HAS BEEN THE ONLY STATE THAT REQUIRE OLD GUNS BE SECURED

                    IN A LOCKED SAFE WAITING AT HOME.

                                 SO, THEREFORE, MR. SPEAKER, THIS PARTICULAR BILL, LIKE I

                    SAID AT THE BEGINNING, IS REALLY TO SAVE LIFE, PROTECT THE LIFE OF OUR

                    PRECIOUS CHILDREN AND THOSE AROUND THEM.  SO, THEREFORE, MR. SPEAKER,

                    I WOULD LIKE TO COMMEND THE SPEAKER FOR ALWAYS BEING THERE FIGHTING

                    TO ENSURE THAT WE HAVE GUN LAWS ON THE BOOK, THAT WE'LL BE ABLE TO

                    MAKE NEW YORK STATE TO BE ONE OF THE FINEST STATES TO PROTECT OUR

                    FAMILY AND OUR CHILDREN, AND I WOULD LIKE TO COMMEND THE SPEAKER FOR

                    BRINGING THIS BILL -- THIS BILL TO THE VOTE.  MR. SPEAKER, I WILL BE VOTING

                    IN THE AFFIRMATIVE AND I HOPE THAT MY COLLEAGUES WILL DO THE SAME, AND

                    THIS IS ABOUT SAVING OUR CHILDREN'S LIFE AND PROTECTING THEM.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI.

                                 MR. ABINANTI:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD?

                                         66



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 ACTING SPEAKER AUBRY:  MS. PAULIN, WILL YOU

                    YIELD?

                                 MS. PAULIN:  YES.

                                 MR. ABINANTI:  ALL RIGHT.  QUESTION ONE:  DOES THIS

                    BILL IN ANY WAY INFRINGE ON OR PREEMPT LOCAL GOVERNMENTS THAT

                    PRESENTLY HAVE SAFE STORAGE BILLS?

                                 MS. PAULIN:  WESTCHESTER AND BUFFALO WHO ENACTED

                    THEIR LAW IN 1993, ROCHESTER, ALBANY AND NEW YORK CITY WHO ENACTED

                    IT LATER THAN THAT, THOSE LAWS ARE NOT PREEMPTED FROM OUR ADOPTING THIS

                    ONE.

                                 MR. ABINANTI:  OKAY.  SECONDLY, PRESENTLY UNDER

                    THE LAW, THERE IS A WHOLE SERIES OF PEOPLE WHO ARE NOT PERMITTED TO

                    POSSESS A GUN.  ARE YOU ADDING TO THE STATUTE HERE WHICH REQUIRES SAFE

                    STORAGE WHEN CERTAIN PEOPLE ARE PRESENT, ARE YOU ADDING ANYONE WHO IS

                    NOT NOW PROHIBITED FROM POSSESSING A GUN?

                                 MS. PAULIN:  WE ARE ADDING TO THAT SAME LIST.  THE

                    -- NOT -- WAIT.  SO, WE'RE ADDING TO THE LIST OF WHEN YOU SAFELY STORE, IN

                    ADDITION WHEN THERE'S SOMEONE IN THOSE FOUR PROHIBITOR CLASSES IN YOUR

                    HOME, YOU HAVE TO SAFELY STORE, YOU'RE ADDING NOW WHEN YOU HAVE A

                    CHILD WHO IS UNDER 16 RESIDING IN THAT HOME, TO THAT EXACT SAME SECTION

                    OF LAW.

                                 MR. ABINANTI:  OKAY.  AS I'M UNDERSTANDING IT,

                    CORRECT ME IF I'M WRONG, THAT PRESENTLY UNDER OUR LAWS, THERE ARE

                    VARIOUS CLASSES OF PEOPLE WHO ARE NOT ALLOWED TO CARRY GUNS.  THE

                    PRESENT STATUTE, AS WE PASSED IT IN THE PAST, SAYS THAT A GROUP OF THOSE

                                         67



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    PEOPLE, WHEN THEY'RE IN THE HOME, THE GUNS HAVE TO BE SAFELY STORED.

                                 MS. PAULIN:  YES.

                                 MR. ABINANTI:  WE'RE NOW SAYING THAT WE'RE GOING

                    TO ADD TO THAT LIST SOME MORE PEOPLE WHO ARE PROHIBITED FROM HAVING

                    GUNS; IS THAT CORRECT?

                                 MS. PAULIN:  YES.

                                 MR. ABINANTI:  OKAY.  SO ALL WE'RE DOING IS

                    CONFORMING THE SAFE STORAGE BILL WITH OTHER SECTIONS OF THE PENAL LAW,

                    CORRECT?

                                 MS. PAULIN:  YES.

                                 (LAUGHTER)

                                 MR. ABINANTI:  THIS IS A VERY SIMPLE,

                    STRAIGHTFORWARD BILL, WHICH -- LET ME TRY IT THIS WAY.  MR. SPEAKER, ON

                    THE -- ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    ABINANTI.

                                 MR. ABINANTI:  MR. SPEAKER, THIS IS A VERY SIMPLE,

                    NARROWLY-TAILORED BILL.  PRESENT LAW SAYS THAT A GUN MUST BE SAFELY

                    STORED WHEN CERTAIN PEOPLE ARE IN THE HOUSEHOLD AND COULD HAVE ACCESS

                    TO IT.  THIS LAW TAKES THE PRESENT LAW AND ADDS MORE PEOPLE TO THAT.  IT

                    ADDS SOME MORE PEOPLE WHO, BY OUR OTHER LAWS, ARE PROHIBITED FROM

                    POSSESSING GUNS.  SO, IT SAYS NOT ONLY IS CLASS A WHO ARE PROHIBITED

                    FROM POSSESSING GUNS, NOT ONLY DO THEY REQUIRE THAT GUNS BE SAFELY

                    STORED WHEN THEY'RE PRESENT, NOW WE'RE JUST ADDING CLASS B AND CLASS

                    C AND CLASS D.  IT'S A VERY SIMPLE, STRAIGHTFORWARD BILL THAT SAYS THAT A

                                         68



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    PERSON WHO HAS A GUN HAS TO SAFELY STORE IT WHEN THE PEOPLE WHO ARE

                    OTHERWISE PROHIBITED FROM HAVING A GUN ARE PRESENT IN THE HOUSEHOLD

                    AND THE GUN IS OUTSIDE OF THEIR POSSESSION AND CONTROL.

                                 THIS IS NOT A TOTAL MANDATE.  WHAT IT IS DOING IS SAYING

                    IF YOU SOMEHOW CAN GIVE UP POSSESSION AND CONTROL, THEN YOU HAVE TO

                    SAFELY STORE IT.  IF YOU HAVE -- IF YOU'RE A GUN OWNER AND YOU HAVE THE

                    GUN ON YOUR PERSON AND ONE OF THESE PEOPLE COMES INTO YOUR

                    HOUSEHOLD, YOU DO NOT HAVE TO STORE THE GUN.  IF YOU ARE IN A ROOM WITH

                    THAT GUN AND THAT PERSON WHO COMES INTO YOUR HOUSEHOLD WHO IS

                    PROHIBITED FROM POSSESSING THE GUN IS IN THE HOUSE, YOU DON'T HAVE TO

                    SAFELY STORE THE GUN.  IF THEY COME INTO THE ROOM AND THEY GET CLOSER TO

                    THE GUN THAN YOU ARE SO THAT THEY CAN ACCESS THAT GUN, THAT'S WHEN THIS

                    IS TRIGGERED.

                                 THIS IS NOT AN INFRINGEMENT ON THE FIRST AMENDMENT

                    RIGHTS.  IT IS A VERY SIMPLE SAFETY MEASURE THAT SAYS YOU'VE GOT TO TAKE

                    ALL STEPS NECESSARY TO KEEP GUNS OUT OF THE HANDS OF THOSE PEOPLE WHO

                    ARE PROHIBITED FROM POSSESSING THOSE GUNS.  THIS IS VERY NARROW.  WE

                    HAVE MANY COMMUNITIES IN -- IN THE STATE OF NEW YORK THAT HAVE

                    BROADER BILLS THAT PROHIBIT THE -- THAT REQUIRE THE SAFE STORAGE OF

                    FIREARMS UNDER ALL CIRCUMSTANCES, NOT JUST WHEN SOMEBODY'S IN THE

                    HOUSEHOLD.  AND SOME OF THOSE WORK VERY WELL.  WE HAVE ONE IN

                    WESTCHESTER COUNTY, AND THE NEWSPAPERS DID A -- DID A SIMULTANEOUS

                    ANALYSIS OF TWO DIFFERENT HOUSEHOLDS ON A PARTICULAR DAY.  THEY DID AN

                    ANALYSIS OF A BURGLARY IN WESTCHESTER COUNTY AND AN ANALYSIS IN

                    ANOTHER COMMUNITY WHERE THERE WAS NOT A SAFE STORAGE BILL.  THE

                                         69



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    BURGLARS GOT INTO THE HOUSE IN WESTCHESTER, THE GUNS WERE LOCKED AWAY

                    AND THOSE GUNS DID NOT MAKE THEIR WAY OUT ONTO THE STREET.  IN THE OTHER

                    COMMUNITY WHERE THERE WAS NO SAFE STORAGE REQUIREMENT, THE BURGLARS

                    WALKED AWAY WITH TWO GUNS THAT ARE NOW ON THE STREET AND BEING USED

                    ILLEGALLY.  SO, SAFE STORAGE BILLS ACTUALLY DO CHANGE CONDUCT.  THEY DO

                    INFLUENCE PEOPLE.  THEY BRING TO THEIR ATTENTION THAT THEY SHOULD BE

                    KEEPING THEIR GUNS SAFE AND THEY DO ACTUALLY WORK.

                                 NOW, WE'VE HAD A LOT OF CONVERSATION HERE ABOUT KIDS.

                    I JUST WANTED TO SHARE ONE STORY.  MANY YEARS AGO WHEN I FIRST GOT

                    INVOLVED IN THE MOVEMENT FOR SAFE CONTROL, SAFE STORAGE OF -- OF

                    WEAPONS, I HAD THE OPPORTUNITY TO MEET WITH A FATHER WHO HAD JOINED

                    THE EFFORT.  AND IT WAS REALLY A SAD STORY AND A MOVING STORY.  I ASKED

                    HIM WHY WERE YOU HERE.  WHY WERE YOU LOBBYING ON BEHALF OF SAFE

                    STORAGE BILLS.  AND HE TOLD ME THE STORY OF HIS SON, AND THEY LIVED IN AN

                    UPSTATE COMMUNITY WHERE GUNS WERE VERY COMMON.  HE TOLD ME THE

                    STORY OF HIS YOUNG SON WHO WENT NEXT DOOR TO VISIT A NEIGHBOR AND

                    NEVER CAME BACK, BECAUSE THE KID NEXT DOOR WAS SO PROUD OF THE FACT

                    THAT HIS FATHER HAD A GUN THAT HE OPENED THE CLOSET DOOR, WHICH HAD

                    BEEN LOCKED, FOUND THE LOADED GUN AND THEN DEMONSTRATED TO THE

                    YOUNG FELLOW HOW THE GUN WORKS.  BUT SINCE HE WAS YOUNG AND WAS

                    NOT ONE OF THOSE PEOPLE EXEMPTED FROM THIS BILL WHO WAS TRAINED, HE

                    DIDN'T KNOW HOW TO HANDLE THAT GUN.  AND AS I SAID, THAT LITTLE KID NEVER

                    CAME HOME, AND THAT'S WHY THAT FATHER WAS HERE.  AND THAT'S WHY I

                    THINK WE ALL SHOULD BE IN FAVOR OF THIS LEGISLATION, WHICH JUST REQUIRES

                    GUN OWNERS EXERCISE SOME COMMON SENSE AND DON'T LEAVE YOUR GUNS

                                         70



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    OUT WHEN PEOPLE WHO ARE NOT SUPPOSED TO HAVE GUNS CAN TAKE THEM

                    AWAY FROM YOU.  SO, I URGE THAT WE SUPPORT THIS LEGISLATION.

                                 ACTING SPEAKER PICHARDO:  ON A MOTION BY

                    MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. SMULLEN TO EXPLAIN HIS VOTE.

                                 MR. SMULLEN:  THANK YOU, MR. SPEAKER.  I

                    APPRECIATE THE OPPORTUNITY TO EXPLAIN MY VOTE.  I'VE BEEN A RESPONSIBLE

                    GUN USER MY ENTIRE LIFE, I SPENT 24 YEARS IN THE UNITED STATES MARINE

                    CORPS.  I'VE BEEN A WEAPONS PLATOON COMMANDER, A WEAPONS

                    COMPANY COMMANDER, A WEAPONS TRAINING BATTALION COMMANDER; I

                    HAVE PREPARED AND DEPLOYED THREE TIMES INTO COMBAT.  I KNOW A LITTLE

                    BIT ABOUT SAFETY AND A LITTLE BIT ABOUT SECURITY AND WHAT I BELIEVE IS THAT

                    SAFETY DOES NOT EQUAL SECURITY.  THEY'RE OUGHT NOT TO BE A LAW IN THIS

                    CASE.  IT'S ALREADY COVERED UNDER EXISTING LAWS.  IT'S ALREADY COVERED BY

                    EXISTING STATUTES SET BY MUNICIPALITIES WHO HAVE DIFFERENT SECURITY

                    CONCERNS FOR THEIR CITIZENS THAN THE UPSTATE AREA THAT I REPRESENT.

                                 I BELIEVE THAT TRANSFERRING THE SECURITY CONCERNS OF THE

                    DENSE URBAN AREAS OF PLACES LIKE SAN FRANCISCO TO UPSTATE NEW YORK IS

                    UNREASONABLE.  MY ENTIRE PHILOSOPHY BEHIND LEGISLATION THAT RESTRICTS

                                         71



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    FIREARMS IS WHETHER IT'S REASONABLE OR UNREASONABLE, AND I FIND THAT THIS

                    BILL WILL MAKE CRIMINALS OF LAW-ABIDING CITIZENS AFTER THE FACT PEOPLE IN

                    MY -- IN MY NEIGHBORHOOD, IN MY DISTRICT AND -- THAT THE INHERENT RIGHT

                    OF SELF-DEFENSE IS PARAMOUNT TO OUR CONSTITUTION'S VIABILITY AND I FEEL

                    THAT THIS IS WRONG.  AND, THEREFORE, I'LL BE VOTING NO AND CONTINUING TO

                    FIGHT TO STOP UNREASONABLE GUN CONTROL MEASURES IN THE FUTURE.  THANK

                    YOU VERY MUCH.

                                 ACTING SPEAKER PICHARDO:  MR. SMULLEN IN

                    THE NEGATIVE.

                                 MR. LALOR TO EXPLAIN HIS VOTE.

                                 MR. LALOR:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO EXPLAIN MY VOTE.  I HEARD A LOT ABOUT PUBLIC SAFETY

                    TODAY, BUT I DON'T THINK THAT'S WHAT THAT -- THIS BILL IS ABOUT.  I'VE BEEN

                    HERE SIX YEARS.  I CAN'T REMEMBER TOO MANY BILLS THAT HAVE PASSED THIS

                    HOUSE THAT GOT TOUGHER ON ACTUAL CONVICTED CRIMINALS.  I'VE SEEN A LOT

                    OF BILLS DRAFTED BY MY COLLEAGUES AND I THAT WOULD HAVE DONE THAT AND

                    THEY DIE IN COMMITTEE ALMOST ANONYMOUSLY.

                                 I'VE SEEN A GOVERNOR PUT IN PLACE A PAROLE BOARD THAT

                    RELEASED CONVICTED CRIMINALS WHO ASSASSINATED POLICE OFFICERS WITH

                    GUNS AND LET THEM GO FREE, LET THEM VOTE, IN FACT, GIVE THEM THE RIGHT TO

                    VOTE.  SO, I DON'T THINK THIS IS ABOUT PUBLIC SAFETY OR WE WOULD'VE BEEN

                    VOTING ON THOSE KINDS OF THINGS, THINGS THAT WOULD ACTUALLY MAKE OUR

                    COMMUNITIES AND OUR STREETS SAFER.

                                 THE PREVIOUS BILL TO THIS ONE ACTUALLY MADE THINGS

                    MORE LENIENT FOR CONVICTED CRIMINALS POTENTIALLY, AND THIS YEAR WE

                                         72



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    HAVEN'T DONE ANYTHING TO MAKE OUR COMMUNITIES SAFER, BUT WE'VE

                    PASSED FIVE OR SIX GUN CONTROL BILLS, BECAUSE I THINK WHAT THIS BILL AND

                    THE PREVIOUS GUN CONTROL BILLS ARE ABOUT IS CHIPPING AWAY, CHIP BY CHIP

                    AT OUR SECOND AMENDMENT RIGHTS.  I THINK THERE'S A POLITICAL

                    OPPORTUNISM AND I THINK THERE'S AN IDEOLOGICAL BIAS AGAINST THE CIVILIAN

                    OWNERSHIP OF FIREARMS, WHICH IS KIND OF IRONIC CONSIDERING OUR

                    CONSTITUTION ADDED THE SECOND AMENDMENT TO PROTECT THAT VERY RIGHT,

                    THE RIGHT OF CIVILIANS TO OWN FIREARMS.

                                 I WILL BE VOTING IN THE NEGATIVE AND I HOPE ALL OF MY

                    CONSTITUTION-RESPECTING AND FREEDOM-LOVING COLLEAGUES WILL JOIN ME IN

                    VOTING AGAINST THIS LEGISLATION, WHICH WILL CHIP AWAY AT OUR SECOND

                    AMENDMENT RIGHTS, BUT NOT KEEP OUR COMMUNITIES SAFER.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. LALOR IN THE

                    NEGATIVE.

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER, TO EXPLAIN MY

                    VOTE.  LISTENING TO THIS DEBATE, YOU'D THINK THAT CRIME DOESN'T HAPPEN.

                    WE HEARD A NUMBER OF INSTANCES WITH MY UPSTATE COLLEAGUES TALKING

                    ABOUT POLICE RESPONSE.  WELL, I LIVE ON LONG ISLAND AND IN CASE

                    ANYBODY HASN'T NOTICED, THE INCREASES OF HOME INVASION ARE THROUGH THE

                    ROOF.  JUST A FEW ARTICLES:  POLICE SEEK SUSPECT IN VIOLENT HOME INVASION

                    ON ROBBERY; ANOTHER HOME INVASION REPORTED IN SUFFOLK COUNTY, THE

                    SIXTH IN TWO WEEKS.

                                 HOME INVASIONS HAPPEN AND THEY USUALLY HAPPEN WITH

                                         73



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    AN ARMED INDIVIDUAL.  AN UNLOADED GUN IN THIS INSTANCE THAT'S LOCKED

                    AWAY IS NOT GOING TO HELP IN A HOME INVASION.  WE NEED TO BE TALKING A

                    LITTLE BIT MORE ABOUT RAISING CRIME PENALTIES ON THOSE THAT WOULD

                    COMMIT CRIME, BUT THE BOTTOM LINE IS MY NEIGHBOR HAD A HOME

                    INVASION NOT TOO LONG AGO.  IT HAPPENS.  SO, TO SIT THERE AND TRY TO

                    PRETEND THAT HOME INVASIONS DON'T HAPPEN ISN'T GOING TO CHANGE THE

                    FACTS.  THANK YOU, MR. SPEAKER.  I'LL BE VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. RAIA IN THE

                    NEGATIVE.

                                 MR. DIPIETRO.

                                 MR. DIPIETRO:  THANK YOU, MR. SPEAKER.  IT'S

                    ANOTHER SAD DAY IN ALBANY, ANOTHER DAY THAT I STAND UP TO PROTECT OUR

                    CONSTITUTIONAL RIGHTS.  THERE ALREADY IS LEGISLATION ON THE BOOKS

                    COVERING SAFE STORAGE OF FIREARMS ALREADY.  WHY WE'RE WASTING OUR TIME

                    ATTACKING RESPONSIBLE GUN OWNERS IS BEYOND ME.  WE'RE NOT TALKING

                    ABOUT REMOVING HANDGUNS FROM CRIMINALS, WE'RE NOT TALKING ABOUT

                    REPEALING THE SAFE ACT; INSTEAD, WE'RE ATTACKING THE RIGHTS, AGAIN, AND

                    A WAY OF LIFE, AGAIN, FOR LAW-ABIDING CITIZENS.  THIS IS A FURTHER

                    INFRINGEMENT ON OUR RIGHTS, END OF STORY.  THIS IS NOTHING MORE THAN

                    TRAMPLING ON OUR SECOND AMENDMENT RIGHTS.

                                 WE HAVE DOZENS OF BILLS THAT WILL PROTECT US AND DO

                    EXACTLY WHAT WE WANT, BUT THEY NEVER SEE THE LIGHT OF DAY IN THIS

                    CHAMBER BECAUSE THEY EITHER PUT TOO MUCH EMPHASIS ON THE CRIMINALS,

                    OR THEY PUT TOO MUCH EMPHASIS ON THE SENTENCING OF THE CRIMINALS,

                    WHICH IS WRONG.  WE DO MORE IN THIS CHAMBER TO PROTECT CRIMINALS

                                         74



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    THAN WE DO TO PROTECT OUR CITIZENS.  AND ON A SIDE NOTE, WHEN WE'RE

                    TALKING ABOUT 475, 465, WHICH IS A -- WHICH IS A TRAGEDY, COMPARE THAT

                    TO ABOUT A HALF A MILLION ABORTIONS, THERE'S A TRAGEDY FOR YOU.  I'LL BE

                    VOTING NO, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. DIPIETRO IN THE

                    NEGATIVE.

                                 MR. DANIEL STEC.

                                 MR. STEC:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO RISE TO EXPLAIN MY VOTE.  YOU KNOW, I LISTENED TO THE DEBATE HERE

                    TODAY AND WE'VE SEEN A LOT OF LEGISLATION OPPOSING THE SECOND

                    AMENDMENT OVER THE LAST FEW YEARS.  AND AS SOME OF MY COLLEAGUES

                    JUST POINTED OUT, WE'VE HAD A LOT OF PEOPLE -- A LOT OF LEGISLATION AND A

                    LOT OF SUGGESTIONS OUT THERE THAT ARE PRO-CRIMINAL AND ANTI-LAW

                    ENFORCEMENT, ANTI-LAW ABIDING PERSON, SPECIFICALLY WHEN IT COMES TO

                    THE AREA OF SECOND AMENDMENT.

                                 AND THE SPONSOR TODAY ARGUED WITH ONE OF OUR

                    COLLEAGUES THAT -- QUESTIONED WHETHER OR NOT THERE WAS A LOT OF GUN

                    CRIME OR A LOT OF CRIMINAL ACTIVITY IN HIS RURAL DISTRICT.  AND --

                    RATIONALING [SIC] THAT THE -- HIS OBJECTIONS WERE UNWARRANTED.  PERHAPS

                    THERE'S LESS CRIME IN THESE RURAL AREAS BECAUSE PEOPLE IN RURAL AREAS ARE

                    CARRYING GUNS AND IT'S LESS -- YOU KNOW, THERE'S MORE RISK FOR SOMEBODY

                    THAT WOULD INVADE A HOME WALKING INTO A NEIGHBORHOOD IN A RURAL AREA

                    THAN MAYBE SOME OTHER PARTS IN THE STATE, MAYBE.  OR MAYBE THERE ARE

                    JUST BETTER PEOPLE IN THE RURAL PART OF THE STATE.  I WOULDN'T SAY THAT, BUT

                    MAYBE SOME WOULD.

                                         75



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 MY POINT BEING HERE IS THAT SOME OF THE ARGUMENTS FOR

                    THIS AFFRONT TO LAW-ABIDING GUN OWNERS ARE RIDICULOUS AND I, TOO, WILL

                    BE JOINING MY COLLEAGUES IN VOTING AGAINST THIS UNLAWFUL,

                    UNCONSTITUTIONAL TAKING OF OUR SECOND AMENDMENT RIGHTS.  I VOTE IN THE

                    NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. DANIEL STEC IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, COULD YOU

                    CALL ON MR. OTIS FOR AN ANNOUNCEMENT?

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR THE

                    PURPOSES OF A [SIC] ANNOUNCEMENT.

                                 MR. OTIS:  FOLLOWING THE CLOSE OF SESSION, THERE WILL

                    BE AN IMMEDIATE DEMOCRATIC CONFERENCE.

                                 ACTING SPEAKER AUBRY:  IMMEDIATE

                    DEMOCRATIC CONFERENCE FOLLOWING SESSION.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, DO YOU

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  WE HAVE A BIT OF

                    HOUSEKEEPING.

                                 ON A MOTION BY MR. JONES, PAGE 6, CALENDAR NO. 91,

                                         76



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                    BILL NO. 5979, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. LAVINE, PAGE 14, CALENDAR NO.

                    63, BILL NO. A2850, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON BEHALF OF MR. LAVINE, ASSEMBLY BILL RECALLED FROM

                    THE SENATE, THE CLERK WILL READ THE TITLE OF THE BILL.

                                 THE CLERK:  AN ACT TO AMEND THE ELECTION LAW.

                                 ACTING SPEAKER AUBRY:  THERE IS A MOTION TO

                    RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

                                 THE CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 THE CLERK WILL ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

                    RECEIVED AND ADOPTED.

                                 WE HAVE NUMEROUS FINE RESOLUTIONS WHICH WE WILL

                    TAKE UP WITH ONE VOTE.  ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY

                    SAYING AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 134-140

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I NOW

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 12 NOON ON TUESDAY,

                    MARCH THE 5TH, TOMORROW BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                         77



                    NYS ASSEMBLY                                                   MARCH 4, 2019

                                 (WHEREUPON, AT 5:20 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL TUESDAY, MARCH 5TH AT 12:00 P.M., TUESDAY BEING A

                    SESSION DAY.)













































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