Last night, the New York Senate passed far‐reaching reforms to New York’s gun laws. The law should easily pass the Assembly and then be signed by Governor Andrew Cuomo. Almost assuredly, this law will save no lives and stop no mass shootings. In fact, it may make New Yorkers less safe. I invite you to read over the previsions of the law—expanding the definition of already‐banned “assault” weapons, banning the sale of magazines that hold over seven rounds, a requirement that licenses be renewed every five years—and ask if there is a single would‐be killer out there who would be hampered by such restrictions in a country where he is already surrounded by 300 million guns? It is simply unreasonable to think that any unstable person with plans for mass carnage will be stopped by only having seven rounds per magazine. The Virginia Tech shooter, after all, solved this “problem” by carrying a bag with 19 magazines. And how could this law make New Yorkers less safe? First, the law will inevitably limit law‐abiding citizens’ access to weapons, and those citizens may need those weapons to protect themselves or others from a crime. At minimum, this occurs 108,000 times per year, according to the federal government’s National Crime Victimization Survey, and it likely occurs far more than that (you can read more about defensive gun use in the Cato study Tough Targets).
Second, onerous gun restrictions tend to drive gun purchasers underground. Those black and illicit markets are further expanded by gun‐control advocates’ attempts to shame and demonize those who own firearms and enjoy using them in a responsible manner (for example, the recent Gawker exposé publishing the names and addresses of gun owners in New York City, who were blatantly described as “a**holes,” as well as the Journal News publishing similar data for gun owners in Westchester and Rockland counties). Moreover, as J.D. Tuccille recently documented in Reason, evading gun restrictions is not just a national pastime, it is an international pastime. Tuccille writes that there are approximately 58,000 registered gun owners in New York City, but that the Justice Department estimates that there are about 2 million illegal guns in the city. Pushing more of the gun trade underground by passing onerous restrictions and creating bureaucratic labyrinths impairs our ability to keep guns out of the hands of dangerous people. Some aspects of the law, such as the requirement that mental health professionals report patients who they believe are likely to harm themselves or others, seem like an honest attempt to prevent dangerous people from having guns. However, the requirement violates the traditional rules of therapist/patient confidentiality, and unfortunately it will likely do more to dissuade people from seeking help out of fear that they may be disarmed by the state. Governor Cuomo’s statement—“Enough people have lost their lives. Let’s act”—shows that this law is more an example of the “something must be done, this is something, therefore it must be done” tendency in politics rather than a carefully considered bill that offers workable solutions to the problem. In many ways, this is the biggest harm of these cosmetic gun laws: lawmakers can pat themselves on the back and incorrectly say, “we saved some lives today” and then move on to other tasks while having done nothing to solve the problem.