Month: August 2023
There are some significant changes due to take effect early next month in the Empire State.
New York is switching from a jurisdiction in which the Federal Bureau of Investigation (FBI) conducts firearms-related NICS background checks, to one in which the New York State Police will conduct all firearm and ammunition-related background checks using both NICS and a pending “statewide license and record database.” This shift is occurring due to legislation enacted last year, NY Exec. Law § 228, which authorizes the state police to act as the “point of contact” for background checks required under “18 U.S.C. sec. 922(t), all federal regulations and applicable guidelines adopted pursuant thereto, and the national instant criminal background check system for the purchase of firearms and ammunition.”
That law directs the Superintendent of State Police to establish a “centralized bureau” for firearm and ammunition background checks. NY Exec. Law § 228(7) specifies that, within 60 days of July 15, 2023, the superintendent must “notify each licensed dealer holding a permit to sell firearms” to submit requests for background checks to the state police, which appears to be an indirect way of setting a deadline of September 13 (the date the 60-day period expires) for the system to be operational.
Section § 228(5) allows the state to charge fees for background checks using this state database, which fees cannot “exceed the total amount of direct and indirect costs incurred by the bureau in performing such background check.” One source indicates that these fees will add an additional $9 (firearms) and $2.50 (ammunition) to purchases and transfers.
The shift to a state “point of contact” jurisdiction occurs in tandem with a second change, a related but separate development under a state law that mandates background checks for ammunition transfers by “sellers of ammunition.” This background check requirement dates back to the SAFE Act of 2013 and requires that a state database for ammunition background checks be used (federal law, 28 C.F.R. 25.6, limits the use of the NICS system for checks “only in connection with a proposed firearm transfer as required by the Brady Act. FFLs are strictly prohibited from initiating a NICS background check for any other purpose”).
This ammunition background check requirement comes with a statutory precondition and grace period before it may take effect. Specifically, the state police superintendent must first “certify” that “the statewide license and record database established pursuant to [NY Penal Law § 400.02] and the statewide license and record database established for ammunition sales are operational,” followed by a 30-day period after which the ammunition background check requirement is in effect. In a classic example of the New York’s legislature’s signature style of “pass gun control laws first, figure out if they work later,” it became apparent once the SAFE Act was passed that the ammunition background check mandate was unachievable at the time. The-then police superintendent advised that his agency lacked the technology to implement the requirement and had “no idea when ammunition background checks… will begin across the state.”
A further complication is that the entire ammunition background check database project was placed in abeyance due to a 2015 memorandum of understanding (MOU). The agreement, entered into by the Cuomo Administration and then-Republican Senate Majority Leader John Flanagan, promised that no state money would be spent on implementing the ammunition background check database until a cost plan had been approved by the parties. The MOU further stipulated that any certification of the database as operational would not be made until the parties had approved a plan on its implementation. Last year, however, Governor Kathy Hochul indicated she was aware of the “old MOU that was signed related to ammunition sales after laws were passed the decade ago, it was an administration document between the prior administration and the Senate Republicans,” but decided to ignore it – “we are literally tearing it up and New York will now require and conduct background checks for all ammunition purchases.”
There is no indication on either the state police or the governor’s websites that the certification of the statewide license and record database as operational has occurred. However, the NY State Police website currently advises that the “background check requirements imposed on all retail sellers of ammunition are scheduled to take effect on September 13, 2023.”
I’ve warned you guys. Weird things happen in gunfights. You should expect an Elbonian satellite to fall on your head, or a gopher the size of a grizzly to erupt from the ground at your feet. I’ve encouraged you to believe your eyes, shrug off bizarre twists, and stay focused on the threat. Some of you shared your own stories of bizarre “moments ’midst mayhem,” and a whole bunch of you asked for real-world examples. A few readers were even dubious about the possibility of such strange happenings happenin’. So, for you doubting Thomases, here are some examples from my private stock.
NUCLEAR .38 SPECIAL ROUNDS?
I was a rookie patrolman when my senior partner and I were called to back up a pair of robbery detectives. They planned to kick in a door at a felon-filled flophouse hotel, crunch some cockroaches and yank a sleepy stickup-shooting suspect outta his grimy sheets. His room was on the second floor of this converted century-old residence, and a rickety stairway led directly from his crib down to a garbage-littered lot. That’s where Davey and I were posted — just in case Plan A went South when the “dicks” kicked the front door. It did.
We weren’t quite “positioned” when multiple muffled gunshots preceded Hairball Harry’s rapid exit out onto the landing. There was a flash of light as the door banged hard against the rail, and both Davey and I thought it was a muzzle flash and gunshot. Davey was standing in front of me with his trusty 6″ S&W Model 10 aimed at Harry. He squeezed (or jerked) the trigger — and the stairway landing seemed to explode, with a hurricane of splinters and dust billowing out toward us as simultaneously, the entire stairway screeched, groaned, and collapsed to the deck.
I pushed past Davey when a second after that, a ground-floor back door flew open and two skivvie-clad bed-headed dudes with pistols in their mitts staggered outside, blinded by the clouds of dust, shouting stuff like “COPS! They’re usin’ grenades!” and searching for targets. Using some ungentlemanly language, I convinced ’em of the inferiority of their tactical situation. Good thing they didn’t fight — my partner was still standing there, frozen, with his revolver a hand’s-breadth from his nose, staring incredulously at the muzzle. He was lost in his own world, wondering how a lead 158 gr. SWC could blow up a stairway and two landings. Finally, I had to grab the gun and gently awaken him.
The gunshots were Hairball Harry’s response to his door gettin’ kicked. The dicks had sidestepped, and were occupied with straightening out a pair of pucker-factor-induced “wedgies.” That flash was the bulb of an outside light’s last gasp as its fuse blew out. The once-heavy wooden beams and planks of that stairway were virtually hollow shells filled with a century’s worth of termites and wood-powder. It simply imploded under Harry’s weight. He was unconscious, suffering multiple injuries, snoozin’ in the wreckage.
The Big Diff between me an’ Davey was that previous combat experience had taught me stuff blows up and weird things happen in gunfights, and you have to keep your head in the game.
ALLEYWAY ANTICS
A patrolman pal of mine had an armed dope dealer cornered in an inky-black blind alley. They were casually trading occasional shots, waitin’ for backup to arrive, when suddenly a huge supernova light came on, a door swung open, and the alley was instantly filled with laughing, leaping, twirling cheerleaders, complete with pompoms, ponytails, big bells on their shoes and those cute little kick-skirts. Dudes! Wanna talk weird here? The entire pep-an’-cheer outfit from a local college had just finished a late photo-session on a theatre stage. The best part? As the cheerleaders danced an’ advanced down the alley past my pal, the dope-dealer tried to sneak out with ’em!
“Unbelievable,” my buddy told me; “Here’s this dreadlocked dude wearing a Rastafarian cap and a filthy M-65 (field jacket), skipping along between cheerleaders, still holding a Beretta 92 in one hand. Skipping!” Rasta-man didn’t get away, and nobody got hurt, but my pal said it was an ugly scene. “The shrieking and screaming hurt my ears worse than the gunshots did,” he said. “Never jump out from behind a dumpster and point a pistol anywhere near a buncha cheerleaders.”
DON’T SHOOT WHITEY: HE’S MINE!
“Tommy D,” another badge-wearing brother, is well known for his morbid fear of dogs. They tend to bite him, fiercely and frequently. He had chased a biker bad guy into the back yard and the two were faced off pointing pistols at each other, when outta the shadows waddled an irritated overweight Welsh Corgi, who commenced chewing Tommy’s ankle.
Distracted but undaunted, Tommy and Biker Bill continued discussing whom oughtta throw down whose howitzer when suddenly, a little white Pit Bull pup ran between Biker Bill’s legs and skidded to a snarling stop in front of Tommy. That’s when I arrived — just in time to slap leather and watch in horror as T.D.’s eyes saucered and his shaking gun dropped to point at the Pit Bull!
I was a half-second short of blasting Biker Bill when he flung his gun to the grass and screamed, “Don’t shoot Whitey! He’s mine!” I’ll leave the detailed analysis to you guys. Just watch out for grizzly-gophers and Elbonian satellites, okay?
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