New York’s already beleaguered gun owners are facing even more restrictions thanks to Gov. Kathy Hochul recently signing several more arguably unconstitutional measures into law.
On October 9, Hochul signed six new anti-gun bills into law. One bill, SB 6649, infringes on the First Amendment rights of licensed gun dealers and gunsmiths not by telling them what they can’t say, but telling them what they must say. The measure requires gun retailers to post within their place of business a warning about the “risks that come with owning a firearm.” It also requires gun sellers to provide information about the National Suicide Prevention Lifeline to buyers at the point of sale.
According to the legislation, passed by the legislature back in June, the signs, which must be at least 8½-by-11 inches and use at least 26-point type, would read: “Access to a weapon or firearm in the home significantly increases the risk of suicide, death during domestic disputes, and/or unintentional deaths to children, household members and others. If you or a loved one is experiencing distress and/or depression, call the National Suicide Prevention Lifeline at 988.”
These signs must be posted at an entrance, a second posted where the guns are being sold and at least one more sign in an additional area by licensed dealers or gunsmiths. As for punishment for not posting the signs, the legislation states: “Failure to comply with any provision of this subdivision shall be a violation punishable by imprisonment of not more than fifteen days or by a fine of not more than one thousand dollars, or both. Each day that a violation continues shall be deemed a separate offense.”
Interestingly, no legislation has been introduced requiring signs in gun shops stating that firearms are used millions of times a year by lawful citizens to protect themselves and their families.
Another measure, SB 8479, mandates that payment processors assign firearm/ammunition specific merchant category codes (MCCs), which are used by payment processors (like Visa and Mastercard) and other financial services companies to categorize transactions. A special MCC for gun and ammunition purchases was adopted last year by the International Organization for Standardization. MCCs are used by payment processors (like Visa and Mastercard) and other financial services companies to categorize transactions.
Prior to the creation of the specific code for guns, firearms retailers fell under the MCC for sporting goods stores or miscellaneous retail. If the new code is used, credit card companies and other payment processors can tell the purchases were firearms, basically creating a de facto registry of firearms and firearm owners.
Other measures signed on October 9 make already illegal “Glock switches” even more illegal, make the state’s so-called “red-flag” law even more onerous for lawful gun owners in two different ways and require gun licensing officers to provide information about statewide resources related to safe storage of firearms, child access preventionand firearm violence prevention.
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