Hochul pushes NY to ban residents under 21 from buying certain firearms
Gov. Kathy Hochul announced Wednesday that she would seek to prohibit individuals under 21 years of age from purchasing certain firearms in New York, following a pair of mass shootings that have thrust state and federal gun laws into the spotlight.
On Tuesday, a shooter barricaded himself inside a Texas classroom and sprayed elementary school children with indiscriminate fire. Preliminary death tolls indicate that 19 children were killed, in addition to two adults.
The suspected shooter, who was also killed, was 18 years old — the same age as the suspected shooter who laid siege to a supermarket in Buffalo earlier this month, killing 10.
Hochul, who is a Buffalo native, appeared to be fighting tears as she spoke of the two shootings in a media briefing Wednesday, prior to a meeting of the Interstate Task Force on Illegal Guns.
“I have a question to ask. How does an 18-year-old purchase an AR-15 (rifle) in the state of New York, the state of Texas?” Hochul said. “That person’s not old enough to buy a legal drink. I want to work with the legislature to change that. I want it to be 21."
New York already requires that a person must be 21 or older to obtain a license to purchase a handgun in New York. But the state as a whole doesn't require licenses for long guns, such as shotguns or rifles. Federal law prohibits anyone under 18 from purchasing a long gun, but someone can own a long gun at as young as 16 in New York state.
New York City requires permits for long guns and applicants must be 21 or over.
Hochul said she'd look to raise the statewide eligibility age to 21 for AR-15 rifles at minimum, but that she "wants to take a look at everything." It's unclear how the age rules could change for other firearms in New York.
“I’m peeling back all the layers, all the barriers, and saying we’re going to be able to stand here and tell every New Yorker, ‘There’s nothing more we can do to protect you, we’ve done everything we can.' And I don’t feel that right now," Hochul said Wednesday.
Hochul also announced that State Police will provide check-ins to schools across the state through the end of the school year.
Latest on Texas shooting: 'Traumatized': Texas school rampage victims were inside one classroom; shooter locked the door. Live updates.
More on extremist violence: Buffalo attack highlights most lethal domestic threat: Racist, extremist violence
More on Buffalo shooting: 'Good people': Biden evokes the rich lives of shooting victims during visit with families
What else changed in NY after Buffalo shooting?
Last week, the governor signed several executive orders and introduced new legislation targeting domestic terrorism and loopholes in state gun laws, days after the May 14 massacre at a Buffalo Tops store. The shooting took place in a historically Black neighborhood, with authorities labelling it as a racially-motivated killing.
Hochul vowed to immediately combat the factors that appeared to lead to the radicalization and arming of the suspected shooter, an 18-year-old from the Binghamton area who last year made a threat at his local high school.
“This is a case of an 18-year-old male who was radicalized by white supremacists and white nationalist beliefs,” she said last week, adding that social media platforms provide spaces for that sort of incendiary discourse.
She signed an executive order to establish a unit within the state’s Office of Counterterrorism and Department of Homeland Security that would focus exclusively on the rise of domestic terrorism and extremism.
Attorney General Letitia James simultaneously announced the launch of an investigation into social media companies that the suspected shooter allegedly used to discuss his plans for the killings, including 4chan, 8chan and Discord.
A second executive order will require state police to file a red flag law request when they believe an individual is a threat to themselves or others.
New York's red flag law allows courts to issue an extreme risk protection order that temporarily prevents people who pose a threat to themselves or others from buying or possessing firearms.
Hochul also introduced legislation at the tail end of the state’s legislative session that would include weapons called AOWs, or “any other weapons,” under the state’s definition of a firearm.
Additionally, the proposed legislation would require microstamping on pistols manufactured or delivered by New York dealers, which labels cartridge casings with unique characters so they can be traced back to the weapon that fired them. The measure would further require all law enforcement agencies to report the recovery of any crime gun within 24 hours of its discovery.
At the federal level, Sen. Kirsten Gillibrand, D-NY, urged Congress to pass the Domestic Terrorism Prevention Act, which would require federal law enforcement agencies to regularly assess the threat posed by white supremacists and extremists in the U.S.
"We know technology has played an outsized role in these tragedies, and Congress cannot stand by and allow algorithms to automate division in our country," Gillibrand said in a Wednesday statement, adding that she has pushed the U.S. Department of Justice and the FBI to make threats from white supremacy their highest priority.
More on NY's gun laws: NY Gov. Hochul signs executive order to target domestic terrorism, strengthen red flag law
More on NY's red flag law: Did NY's red flag law fail to prevent Buffalo mass shooting? Broome County DA weighs in
NY fighting illegal guns, Supreme Court ruling
Hochul has been focused on combating crime and gun violence across New York, promising in her January State of the State address to “address every factor contributing to the pervasive unease many are feeling on our streets.”
In October, the governor signed a law that addressed “ghost guns,” which can be purchased as components that are then assembled and used as a complete operating weapon. The sale of ghost guns is now banned in New York, and only licensed gunsmiths or dealers can possess the unfinished frames.
And now, as New York fights gun violence on a variety of levels, the Supreme Court is considering whether to loosen the criteria about gun licensure in the state.
The case before the court has to do with whether New Yorkers have to show “proper cause,” or a need for personal protection, in attempting to obtain a concealed carry license.
New York City Mayor Eric Adams sounded the alarm on the pending ruling at a Harlem press conference earlier this month, saying that the ruling could have "a major impact" on "a densely populated community like New York."
"We should be very afraid," Adams said.
The Supreme Court is expected to rule on the case this summer.
The questions the court is poised to tackle would not necessarily impact proposals such as the age restriction suggested by Hochul Wednesday morning. However, a recent decision by another arm of the judiciary has placed efforts such as Hochul's into serious doubt.
A federal appeals court in California ruled earlier this month that the state's near-total ban on sales of semiautomatic rifles to young residents was unconstitutional. Hochul indicated that she would not let the prospect of unfavorable court rulings deter her from pursuing gun safety legislation.
"I'm not going to let my fear of losing a court case stop me from what I think is correct for New Yorkers and will protect them," Hochul said. "You may get a good judge also that actually cares and has common sense and understands that these are not punitive measures."
Asher Stockler is a reporter for The Journal News. You can find him on Twitter at @quasiasher or send him an email at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.
This article originally appeared on New York State Team: Hochul pushes NY to ban residents under 21 from buying certain guns
