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County gun show ban moves forward; faces likely veto

A longstanding debate over the reinstatement of a ban on gun shows at county-owned facilities boiled back to the surface this week after legislation from the Westchester County Board of Legislators’ Democratic caucus lurched forward.

Among the firearms available and on display at the upcoming gun expo, run by Westchester Collectors, will be various styles of pistols, rifles and knives. Photo courtesy guns.com
Among the firearms available and on display at the upcoming gun expo, run by Westchester Collectors, will be various styles of pistols, rifles and knives. Photo courtesy guns.com

The legislation, which passed a joint vote held by the Board of Legislators’ committees on Public Safety, Legislation and Parks held this Tuesday would mark a return to a ban previously enacted by former County Executive Andrew Spano in 1999 following infamous shootings at Columbine High School in Colorado.

Tuesday’s discussion over the proposed legislation, which will be debated by the full 17-member board on Jan. 9, was prompted by an upcoming gun show scheduled at the Westchester County Center for Jan. 20-22; the occurrence of which, according to Democratic lawmakers, was only made apparent to them in the days preceding the new year.

Even with support of the full nine members of the board’s Democratic caucus, County Executive Rob Astorino, a Republican, is expected to veto the legislation if passed by the Board of Legislators. In that event, according to Legislator Catherine Parker, a Rye Democrat, the ban would require a super majority vote of 12 lawmakers—three of those Republican—before it’s signed into law.

However, according to John Testa, a Peekskill Republican, there seems to be little political will amongst his fellow Republican lawmakers to give any legislation banning shows at county facilities the requisite push.

“We will not be supporting an outright ban on gun shows and will not override the county executive if he vetoes the legislation to ban gun shows altogether,” Testa said.

Behind the potential ban, according to Legislator Ben Boykin, a White Plains Democrat, are concerns that gun shows—which were reinstated by Astorino in 2010—could promote the deregulated sale of firearms.

“Bottom line, we as a county do not want to open ourselves up to more exposure to these dangerous weapons than we already are,” Boykin said.

In their condemnation of county-sanctioned gun shows—which act as a hub for those looking to buy, sell or browse various long- and short-barrel firearms—Democrats have cited the risk of potential “straw man” purchases and illicit “gray market” sales that may skirt background check laws imposed by New York’s Secure Ammunition and Firearms, SAFE, Act. Parker, a longtime supporter of the ban, expressed concern that the sheer breadth of the show, coupled with a lack of enforcement, could possibly lead to illicit gun sales slipping through the cracks.

“We have about eight officers for 2,200 people,” Parker said referring to the show’s typical daily attendance. “That, to me, seems woefully inadequate.”

According to George Longworth, the county commissioner of Public Safety who answered questions from lawmakers on the subject of a ban this week, there have been no direct recorded instances of such illegal purchases as a result of the show to date.

Board Democrats have already faced staunch opposition on the ban from lawmakers across the aisle who feel the initiative not only impinges on residents’ civil rights, but lacks any factual basis. Jim Maisano, a New Rochelle Republican, who also serves on the board’s Legislation Committee, has been among the most vocal critics of a potential ban.

“[Democrats] didn’t introduce a single piece of evidence to support their claims,” said Maisano, who was in attendance for Tuesday’s joint committees’ meeting. “It’s just politics; they’re making it a political issue.”

Maisano, whose own constituents in Pelham and New Rochelle have offered the legislator mixed feelings on the potential ban, said any embargo could also potentially fly in the face of federal law.

“They want to do a show of a legal product, a product that the Supreme Court says we have a constitutional right to use,” Maisano said. “[Use of the center] should be open and fair.”

Even in the event that a ban passes before the center’s scheduled show, County Attorney Robert Meehan has indicated that given a pre-existing contract between the county and event operators, Westchester Collectors, the expo would still take place, otherwise the county may risk legal action.

The upcoming show—which county Parks Department officials said is expected to net the county $29,000—would mark the first of such exhibitions since 2012. A show in 2013 was canceled by Astorino following a mass shooting at Sandy Hook Elementary School in Newtown, Connecticut.

A separate piece of legislation put forth by Republican lawmakers that would codify the New York Attorney General’s Model New York Gun Show Procedure was tabled at Tuesday’s committee meeting, but will be heard in early February.