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State set to pass "common sense" tighter gun legislation

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TOWN OF WHEATFIELD, N.Y. (WKBW) — Governor Andrew Cuomo is working to make good on his promise for tighter gun control in the first 100 days of the year. He calls it "common sense".

Tuesday, in Albany, the state legislature passed legislation that would ban bump stocks, prohibit teachers from carrying in schools, allow individuals with mental health concerns to be "red-flagged", and extend the period for the FBI to conduct a background check on an individual trying to purchase a gun.

"No one wants to take guns from legal owners who are mentally healthy, we don't want guns for people who are mentally ill, or past felons to have guns. That's all this is," said Cuomo.

When a person goes into a gun shop, the store will:
- check I.D
- help the person find the right gun
- run their name through the national instant background check system - a national database that checks the FBI's lists for any red flags

The background check will come back with an "approval", "denial", or a "delay" - meaning more time is needed to finish the background check.
The result is the same across any gun stores, people will not be able to go from one to another to get a gun and circumvent the system.

"If the background check is run at a another store that person would get the same result," said Jeffrey Broadsky of Niagara Gun Range. "And if the person was a criminal, local authorities would likely be informed by the FBI that this person is making numerous unlawful attempts to acquire a firearm."

Shops say this new legislation won't change the way they operate much.

"If you get a delay.. call me in 3 days, under the new law - you get a delay? Call me in 10 days," said Broadsky.

A delay is when the background check system comes back inconclusive, and gives the FBI a number of days to process the background check. If there is no response in that period, the individual will be allowed to purchase a gun.

"There’s a deep-seeded fear that once government starts to act on guns there’s a slippery slope….all garbage," said Cuomo in Albany.