The State’s Supreme Court, Appellate Division issued a decision ruling the NYS Assembly district lines to be “invalid” based on its procedural infirmity as previously determined by the Court of Appeals in matter of Harkenrider v. Hochul on April 27, 2022.

The Appellate Court decision however, denies the petitioners’ request to delay the 2022 Assembly primary elections – “…because the redrawing and implementing of a new assembly map before a 2022 primary election delayed even until September is, at this late date, no longer feasible“.

The now-invalid Assembly district lines will remain in place for the June 28 primary and the Nov. 8 general election, upon the formal adoption and implementation of new legally compliant NYS Assembly map. The matter regarding proceedings connected with the redrawing of the Assembly map is remanded to Supreme Court, New York County in advance of the 2024 elections.

Governor Signs Legislative Package to Strengthen Gun Laws

The Governor signed a legislative package to strengthen the state’s gun laws and close loopholes exposed by shooters in Buffalo and Uvalde. The Governor signed ten bills into law including the following:

Raise the Age to Purchase Semi-Automatic Rifles

S.9458/A.10503 requires individuals to obtain a license prior to purchasing a semiautomatic rifle. Under existing New York State law, individuals must be 21 years or older to acquire a gun license.

Banning Body Armor

S.9407-B/A.10497 makes it illegal to purchase and sell body vests for anyone who is not engaged in an eligible profession. Eligible professions include law enforcement officers and other professions, which will be designated by the Department of State in consultation with other agencies. It also requires that all body vest sales are completed in-person.

Strengthening the Red Flag Law

S.9113-A/A.10502 expands who may file an Extreme Risk Protection Order (ERPO) petition to include health care practitioners who have examined an individual within the last six months.

It amends the firearm licensing statute to ensure that mental health practitioners’ reports on potentially harmful individuals are considered closely when determining whether to issue a firearm license.

It also requires police and district attorneys to file ERPO petitions when they have acquired credible information that an individual is likely to engage in conduct that would result in serious harm—either to themselves or others.

It requires State Police and the Municipal Police Training Council to create and disseminate policies and procedures to identify when an ERPO petition may be warranted.

Microstamping 

S.4116-A/A.7926-A requires the Division of Criminal Justice Services to certify or decline to certify that microstamping-enabled pistols are technologically viable and if certified as viable, to establish programs and processes for the implementation of such technology; and establishes the crime of the unlawful sale of a non-microstamping-enabled firearm.

Closing Loopholes 

S.9456/A.10504 expands the definition of a “firearm” to include any weapon not defined in the Penal Law that is designed or may readily be converted to expel a projectile by action of an explosive. This is intended to capture firearms that have been modified to be shot from an arm brace, which are evading our current definitions of firearms and rifles.

S.9229-A/A.10428-A eliminates the grandfathering of large capacity ammunition feeding devices that were lawfully possessed prior to the enactment of the Safe Act or manufactured prior to 1994.

S.89-B/A.6716-A creates the crimes of making a threat of mass harm and aggravated making a threat of mass harm.

Enhancing Information Sharing 

S.4970-A/A.1023-A requires enhanced reporting by law enforcement to the state and federal gun databases. Agencies must report seized or recovered guns to the criminal gun clearinghouse; participate in the ATF’s collective data sharing program; and enter the make, model, caliber, and serial number of the gun into the national crime information center.

The law also requires gun dealers to enact uniform security and reporting standards. It prohibits those under 18 and not accompanied by a parent from entering certain locations of a gun dealer’s premises and requires training for all employees on conducting firearm, rifle, and shotgun transfers, including identification of and response to illegal purchases. It also requires State Police to conduct inspections of gun dealers every three years.

Reporting of Hateful and Threatening Social Media Content 

S.4511-A/A.7865-A requires social media networks in New York to provide a clear and concise policy regarding how they would respond to incidents of hateful conduct on their platform and maintain easily accessible mechanisms for reporting hateful conduct on those platforms

S.9465/A.10501 creates a new Task Force on Social Media and Violent Extremism. Housed in the Office of the Attorney General, the Task Force will study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online.

Governor Hochul said:

Governor Announces Consumer Advocate for the Department of Public Service

The Governor announced that Richard Berkley has been appointed by the New York State Department of Public Service as the state’s Consumer Advocate. Berkley most recently served as the Director of the Public Utility Law Project – a leading utility consumer watchdog group in New York. In this role, Mr. Berkley will lead the Department’s Office of Consumer Services, and will advise the CEO of the Department on matters pertaining to consumer protection, customer complaints, consumer trends that require investigation, and affordability policy.

The Governor said:

Governor Announces Launch of 43North’s Eighth Startup Competition

The Governor announced that applications are now being accepted for the eighth year of 43North, the state-funded accelerator that invests $5 million annually to attract entrepreneurs to grow their businesses in Buffalo. 43North will select five seed-stage startups to receive an investment of $1 million each. The winners will join 43North’s accelerator program.

On October 20, 2022, 43North will host a live competition where a panel of judges will consider pitches from ten finalists. The judges will then select and announce the five winning companies. The startups selected to join 43North’s 2023 cohort will each receive a $1 million investment, as well as office space, mentorship, and support from 43North. They will also have access to 43North’s network of more than 600 North American investors. Companies will also have the opportunity to enroll in the START-UP NY program, and 43North’s mentorship and support program, which includes:

• One-to-one mentorship, workshops, and access to a bank of consultant hours;
• Access to recruitment support services to help them grow their teams in Buffalo;
• Connections for business development;
• Marketing and media relations support; Investor introductions

Selected companies agree to provide 5 percent equity to 43North and to locate their CEO and a minimum of half of their staff in Buffalo for at least a year.