Assemblyman Brian Miller (R,I,C,Ref-New Hartford) is opposed to new legislation (A.1413) that would hurt the abilities of local organizations and charities, including veterans groups, rod and gun clubs and fire companies, to raise money in raffles by prohibiting firearms from being included as prizes. Under existing state law, no person shall be able to take possession of a firearm without a proper, legal transfer carried out by a licensed dealer, including in situations where guns are a raffle prize, thus eliminating concerns that someone who should not be able to obtain a firearm could do so through raffles or other games of chance.

“Like all law-abiding New Yorkers, I do not want to see guns in the hands of criminals, dangerous persons, or those otherwise unlawfully able to obtain one. But that is already prevented in current law. This bill would only hurt charities and organizations that rely on fundraising in order to operate and I am very opposed to it,” said Miller. “We have said it again and again, but it bears repeating: criminals are not getting access to illegal firearms through these raffles. These bills only punish law-abiding citizens.”

Many community organizations throughout New York state use raffles, silent auctions, or other games of chance as an important fundraising tool. When firearms are included in such games of chance, the existing laws are not skirted. If someone “wins” the firearm, they would still be required to meet existing standards for gun ownership and to pass a background check by a federally-licensed dealer before taking possession of the gun. Additionally, they are required to obtain transfer permits and to have a pistol permit.

The bill is sponsored by Assemblywoman Jo Anne Simon from Brooklyn and is a new piece of legislation. It has been referred to the Assembly’s Racing and Wagering Committee.