Eisenpress: Letter to Cuomo on Firearms Law

At the beginning of August, Governor Andrew Cuomo signed a law to make sure that individuals convicted of domestic violence misdemeanors will not be able to legally purchase firearms.

"We have seen too often the tragic consequences of domestic violence. This new law provides further safeguards to keep firearms away from those with violent records," said Cuomo. "New York state must stand strong against domestic violence by protecting victims and making sure those convicted of such crimes cannot inflict further damage. I thank the sponsors, Senator Saland and Assemblywoman Paulin, for their hard work on this important legislation."

A federal law probits firearm sales to those convicted of a misdemeanor crime of domestic violence. However, because of differences between New York state and federal domestic violence statutes, a gap formed in the law. Information from those found guilty of domestic violence crimes in New York courts is not transmitted to the National Instant Criminal Background Check System (NICS) used for background checks of those purchasing firearms, according to a release from Cuomo.

Under the new law, when a defendant is convicted of a domestic violence misdemeanor offense in New York, the court will determine whether the crime is related or situated to the federal domestic violence statute and if so, transmit the defendant's information to the Division of Criminal Justice Services which passes it on to the NICS.

A few days later, Lawyer Sherri Eisenpress—who is running for Rockland County Family Court Judge—wrote a letter to Cuomo commenting on him passing this new law.

Governor Cuomo:

Too often violence begets more violence, a domino to a plague on society. It is with that in mind that I applaud your signing into law legislation that prohibits those convicted of domestic violence misdemeanors from purchasing firearms.

This is the very kind of legislation that can halt the vicious cycle of domestic violence, taking dangerous weapons out of the hands of dangerous people. This law will help reduce crime, protect victims, and make safer our communities.

The recently passed legislation is landmark for many reasons, a model that other states will hopefully follow. According to the Brady Center to Prevent Gun Violence, domestic violence offenses are the second most common reason for failed background checks. That alone should be enough cause for misdemeanor domestic violence offenders to be prohibited from purchasing firearms.

This law recognizes that domestic violence impacts our communities holistically. Acts of domestic violence can turn into random acts of violence in an instant.

Thank you Governor Cuomo for passing legislation that stops domestic violence at its core–protecting individuals, families and communities from gun violence.

Sherri L. Eisenpress, Esq.