NY Bill Would Repeal Gun Rights for Misdemeanor Hate Crime Offenders

Sen. Daniel Squadron (D-Manhattan). (Photo: NYSenate.gov)

A New York lawmaker has introduced a bill that would revoke gun rights from hate crime offenders, even those with misdemeanor offenses.

Before we get to the meat of the matter, the FBI defines a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.”

But the FBI makes it clear that “hate itself is not a crime,” noting further that the agency is “mindful of protecting freedom of speech and other civil liberties.”

According to Sen. Daniel Squadron (D-Manhattan), the author of the bill known as Senate Bill S5569, hate crimes are on the rise in New York since the election of President Trump.

Since the majority of hate crimes are of the misdemeanor level, those individuals do not lose their 2A rights. Under New York law, only those individuals convicted of a “serious offense” will lose their 2A rights.

Sen. Squadron’s bill would add hate crimes to the list of “serious offenses” that prohibit an individual from keeping and bearing arms.

The example he gave The New York Daily News was spray painting a swastika on a synagogue wall. Under current law, that hate crime wouldn’t lead to the revocation of the offender’s 2A rights. If SB s5569 were to pass, it would.

“New York has a duty to take actions that reject acts of bigotry, hatred, misogyny, homophobia, racism, anti-Semitism, Islamophobia, xenophobia, and discrimination in any form because they violate the nation’s core values,” said Squadron in the bill memo.

“Allowing those who commit and are convicted of hate crimes to possess guns only gives them a fatal tool to spread their hate,” he added.

Squadron cited the Center for American Progress which claims that Minnesota, Oregon, and New Jersey, among three other states, have similar laws on the books.

At least one gun rights advocate was quick to point out the redundancy of the bill.

“If a Hate Crime is serious or violent, laws already on the books would prohibit the offender from owning a firearm,” said Alan Gottlieb, executive vice president of the Second Amendment foundation, in an email to GunsAmerica.

“Liberal anti-gun fanatics want to make everything they don’t agree with a hate crime. Some even want to make owning a firearm a hate crime,” Gottlieb added.

The bill currently sits in a state Senate committee.  There is a companion bill also in the Assembly sponsored by Assemblyman Charles Lavine (D-North Shore Long Island).

If passed, the bill “shall take effect on the first of November next succeeding the date on which it shall have become law.”

About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 32 comments… add one }
  • mtman2 July 5, 2019, 8:19 am

    Doesn’t matter “what the FBI is for” …What matters is one + all follow the Constitution- for anything outside of its perameters –
    “IS NO LAW AT ALL” = James Madison author of the Constitution + 4th President of the United States….a crime is a crime whether for fun or “hate” + consequences should be the same for wrong is wrong + evil is still evil.

  • Mark May 12, 2017, 11:28 am

    Glad I live in the Gunshine state.

  • Boutefeu May 12, 2017, 6:31 am

    So many of these “hate crimes” turn out to be false flags. Will the perpetrators of these dreadful crimes be held to the same standards as white suspects and denied their rights?

  • Ray Stone April 30, 2017, 7:02 pm

    We will never get national carry approved until we rein in these rogue states that think they can ignore the constitution. Even though I live in a state where you don’t need to have a CCW permit I have one so I could travel to other states that honor it. Then come NY and MA that completely block me from the rest of the country! I’m stuck in NH VT or ME. Unless I want to unjustly become a criminal for driving through one of the so-called United States of America. We have a thing called the Constitution of the United States of America. They are supposed to abide by it! These states are ignoring our constitution and they are never held accountable! I call that a Hate Crime against a law abiding citizen of the United States! They need to have their illegal gun restrictions revoked and never be allowed to have one again!

  • Tripwire April 28, 2017, 6:58 pm

    New York city is full of hate, by the Dimocraps
    They hate us because we are white
    Because we believe in the Constitution
    Because we believe in the Bill of rights
    Because we really believe in the 2 A
    And mostly because they know if they actually try to disarm us to achieve their true agenda they will not survive.

  • Kalashnikov Dude April 28, 2017, 4:23 pm

    Self important assholes writing checks their authority and stations in life simply cannot cash. None of these people have any right to infringe on American citizens right to keep and bear arms. It’s in our Bill Of Rights for fucks sake. Here’s the thing, they can only take away what ignorant and foolish individuals are willing to hand over. Stand up for your rights and tell these busybodies to fuck off. If they persist and try to physically disarm you, shoot them in the face. That’s my plan.

  • Curly April 28, 2017, 1:42 pm

    It is pretty much one sided on who gets charged with a hate crime and that is how the libs want it. If the law applied to everyone it would be different, but it is not. If you have protective status you can pretty much say and do anything you want to others with the evil white man at the top of the hit list.

  • Miklos F Berecz April 28, 2017, 1:07 pm

    NY has gun rights? Sure fooled me.

  • Retiredextremelydangerous April 28, 2017, 11:27 am

    The anti-gunners want to take your Constitutional Rights to Life, Liberty and the Pursuit of Happiness! To put it bluntly, They Want you Dead! If you are dead and out of the way, you are not a problem and they can proceed with enslavement of the masses, unimpeded!

  • Pat Bryan April 28, 2017, 10:35 am

    I am shocked that almost all of the writers here want to connect the Right to Commit Hate Crimes with the Right to Gun Ownership. They are all poor victims of Liberal Gun-Hating Oppressors and violent Black Lives Matter Activists.
    Y’all really gotta quit believing your own bullshit.

  • Bobo April 28, 2017, 10:32 am

    That’s one of the reasons I moved out of NY many years ago. The liberals have this thing about about passing laws to control every aspect of your life.

  • loupgarous April 28, 2017, 10:32 am

    Sen/ Daniel Squadron ought to be prosecuted for attempted malicious prosecution for hateful motives. He hates people not on the “protected group” list, and is willing to deny them their civil rights on that basis. I’m being facetious, but it’s long past time the US Supreme Court revisited the whole idea of “protected groups”. The whole idea that there is an entire broad class of people against whom the tangible expression of hatred is not only punished differently that the same act against others (anti-Trumpism is pretty much the pastime of the press and leftist politicians) but can result in revocation of civil rights is ridiculous.

  • loupgarous April 28, 2017, 10:18 am

    Sen. Squadron has decided he’ll call vandalism a “hate crime”, then impose civil death (denial of 2nd Amendment rights) on that basis. I don’t like vandalism, either, but we’ve seen how in Los Angeles that a 73 year-old veteran nearly went to jail for SIX MONTHS for leaving a 4″ x 6″ cloth US flag on the fence outside the Los Angeles VA campus – so liberals are trying to get away with over-prosecuting tiny incidents to get back at people who think the wrong things about the wrong people.

    Meanwhile, hate crimes are epidemic and unpunished by the exact same definition as New York’s and Sen. Squadron’s – as long as they’re against white men (and white women are not making the “OK to hate list” since they turned out in droves to vote for Donald Trump). The March for Women trashed the Trump Hotel in Washington, DC, yet not one vandal who left posters on the Trump property was arrested for an equally hateful act to the ones that Sen. Squadron wants to treat as a felony.

    I hope the this soft turd of a bill is immediately appealed on the grounds that it imposes felony penalties for misdemeanor offenses, and does so in a discriminatory manner (in other words, it treats the crime of vandalism differently based on whether the victim belongs to a ‘protected class’). Even with Gorsuch replacing Alito on SCOTUS, it’s not a shoo-in that the bill would die in the US Supreme Court – so let’s hope Squadron loses big in Federal Appeals Court.

  • Ram6 April 28, 2017, 9:50 am

    How silly, New York residents hardly have any 2nd amendment rights anyway. As far as “hate” crimes who’s to say what’s in a person’s mind when they commit a crime. I’ve always thought it doesn’t matter why you killed someone since murder is a crime in and of itself anyway, same goes for assaults, etc. This whole “hate” crime thing is just one more Orwellian camel’s nose under the tent of law abiding citizens. You would think that NY legislators have more pressing issues on their plates than attempting to take away the very limited 2A rights New Yorkers already have by adding this to misdemeanor offenses. But there aren’t any laws that can be created to control everybody’s life that a liberal Democrat won’t think of.

  • srsquidizen April 28, 2017, 8:38 am

    Agree this a step toward disarming the politically incorrect, along with suppressing their speech which is happening already. Don’t get me wrong. “Hate crimes” are despicable acts that no civilized person should participate in just because they don’t like a particular group of people. If those acts involve violence or threats of violence or destruction of property they should be felonies because a free society simply cannot tolerate it. If the act is not violent or destructive and does not incite such behavior, then it is protected by the 1st Amendment even if it promotes ideas that nearly all of us dislike. It is scary that real and undeniable hate crimes by the left, against conservative views, are already being tolerated with total impunity in places like Berkeley. The hate crime perps are succeeding in their oppression of speech and even being applauded by some of the faculty. That is not a good sign for our society at all. This proposed law is an even worse one.

    • john adams April 28, 2017, 10:55 am

      bible says to hate wickedness and stamp out evil in your community or his big smiting hand will judge the whole body as one. That means pedophiles rapists murderers etc need their necks stretched, but thats a hate crime against the godly citizen. i say give everyone a gun, things will sort themselves out.

  • tmonk April 28, 2017, 8:10 am

    stupidity comes in all sizes shapes and colors as do liberals ,

  • Chuck April 28, 2017, 8:00 am

    Hate crime legislation is bullshit. I believe that the underlying reason for labeling any crime a “hate crime” is to remove it from the framework of rigid law in order to allow emotions to be used more effectively, a liberal ploy to obscure the facts. Unfortunately, conservatives are being drawn into this deceitful web. We have now reached the point that punishment for crimes is arbitrary and is dependent on the mindset of the judge, jury, and the degree of outrage of public opinion. Guilty parties can receive from life in prison to probation for the same crime, especially for rape and molestation, depending on the judge and/or jury. The law is intended to be cold so that stupid intervention is not allowed. That is no longer true.

  • Altoid April 28, 2017, 7:57 am

    Next up, if you’ve ever been issued a ticket for so much as jaywalking, your firearms rights are revoked.

  • catfish252 April 28, 2017, 7:39 am

    Screw New York State and it’s Socialist government.

  • K Williams April 28, 2017, 7:20 am

    As an American who is black and a licensed carry holder I think its criminal and ignorant to takes someones life regardless of the name your are called, while its not pleasant its not life threatening. Anyone provoking a confrontation or trying to incite an altercation, or has a history or trying to incite a altercation should be evaluated mentally before being allowed to carry a firearm. Anyone who harms or attack someone because they were called a name is mentally ill and should he treated as such regardless of race! As parents we teach our children you are valuable not because of your skin color, what others think or say about you but because Of your character and Jesus thought enough about you to go to the cross to give you access to eternal life!

  • Joe April 28, 2017, 5:10 am

    Lord help you if you are a southpaw in New York. If you wipe your ass with the wrong hand they will come to your house and take your Second Amendment Constitutional rights away from you.

  • RedRocker April 28, 2017, 4:49 am

    Like I really needed another reason to NOT live in NY state.

  • James M April 27, 2017, 11:54 am

    I’m not getting into specifics because of the shit storm that would follow. Video evidence is available. African American male is waiting at a bus stop. White male walks up. White male gets nailed in the head by a brick which ends up killing him. Video shows African American male ended up being charged with voluntary manslaughter. End result is he walks. Not guilty. Because supposedly white male made a racial slur. Scot free. Even though he was (died yesterday in a car wreck) a know gang banger. Question. Why can a white male be charged with a hate crime when defending himself against any other race. Yet any minority can kill or injure a white, while screaming every racial slur, and never see a charge pertaining to hate or racism??? Makes no sense. BLM, yet WLM is racist. Black, Brown, Yellow, Blue pride is pushed. And White Pride is hate. My kids in school feel that being white is a hindrance held to different standards and rules. Just as important fighting for our 2nd amendment rights is fighting for true equality across the board. All races held to the same laws and rules.

    • The dude April 28, 2017, 2:49 am

      They want any young white kid to just feel guilty for being white.. Nobody else wants equality.

    • Kwilliams April 28, 2017, 7:41 am

      I agree we all must obey the law! Black on black crime is out of hand but they don’t classify it as a hate crime. This hate crime classification seems to have been created when people suffered a crime but weren’t punished and the federal government sought for a way to enforce the law, l may be wrong!

    • Mike The Knife April 28, 2017, 3:04 pm

      I agree with you James .The Progressive left” likes to makeup the rules as they go”!
      The question I’d like to ask them is.Who decides what is a hate crime ? The progressive left “snowflakes” have their feelings hurt if you look at them the wrong way.
      They want you to tolerate everything that they say is free speech. But they have no tolerance for your point of view no matter what you say or believe is truth.
      Truth to them is what they believe in the moment. But the real truth is offensive to them . Therefore you should be silenced, shouted down or now lose your constitutional rights.
      Tolerance is only reserved for the left in their narrow minds!

  • KUETSA April 26, 2017, 11:29 pm

    They are OBSESSED!
    EVERY DAY – One way or another – in one location or another – in some way – for some reason – THEY ARE OUTLAWING OUR RIGHT TO FIREARMS!
    Step by Step
    Increment after Increment
    Each infringement is a push down a step in the ONE WAY staircase of citizen disarmament – GOING DOWN!

    • James M April 27, 2017, 12:04 pm

      I agree. They have shifted focus of banning firearms to banning those allowed to own​ them. One way or another they want it impossible for the average citizen to be armed. I still see it coming to the point that the American citizens fighting to retain their 2nd amendment rights will have to physically come together, and show the politicians that run this country, that we will not allow our rights to be compromised. Either by gun control or making us invalids unable to legally own firearms. If only we came together for one day where we didn’t work, shop, or spend a dollar. That would impede every facet of this country. And show the crooks we are united. Unwilling to allow our rights to be trampled.

      • rt66paul April 28, 2017, 11:04 am

        This is what they have always wanted – guns for me, but no guns for the unwashed masses. It used to be, even a Saturday night special was somewhat costly, just to have for protection. The lower middle classes in cities had razors, but guns would get you in trouble, would get your apartment burglarized by someone that wanted it, the cops would take it away from you, if you made a stink, they could rubber hose you some night.
        Now tha the price of a new gun(with no history) is within reach, they are available to all without felonies. The people at the top are scared. Like Feinstien, they want the power of their own firearms/bodyguards, but wish to keep others from that. She works for the NWO, which has a vision of an unarmed populace. Maybe the NWO should leave the US alone.

  • SuperG April 26, 2017, 10:59 am

    Wouldn’t it be better to force those convicted of a hate crime into a mandatory 3 day mental health evaluation? Oh, never mind, I keep forgetting that it is cheaper to ignore the mentally ill until they run amok.

    • K Williams April 28, 2017, 7:21 am

      I agree

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