THE LEGISLATURE'S RECORD

A Strong Gun Control Package Is Welcome, But Drug Law Reform Is Still
Long Overdue

The New York state Legislature had an opportunity this year to take a
stand on several key issues, some with national implications.
Regrettably, the lawmakers backed away from most of them before
breaking for the summer. But they deserve credit for taking on what
was perhaps the most contentious issue of all -- gun control.

In what will now stand as a model for other states, New York's
lawmakers embraced an array of tough provisions similar to those
advanced earlier this year by Governor Pataki, who has made a name for
himself as a Republican willing to stand up to the gun lobby. One new
measure -- the first of its kind in the nation -- requires ballistic
testing, or ''fingerprinting,'' for all guns sold in the state. The
data will be entered on a computer, and could be accessed by
authorities seeking to trace guns used in crimes.

Other measures require background checks for all buyers at gun shows,
thereby closing a loophole that exists in federal law. And the
Legislature supported mandatory trigger locks, a higher minimum age to
buy a gun -- 21 instead of 18 -- and a requirement that gun owners
report all weapons stolen or lost to police. Another measure belatedly
moves New York into the column of four states that have banned assault
weapons.

But the lawmakers caved on another major issue -- reforming the
state's draconian Rockefeller drug laws. And they refused to approve a
measure requiring legislative approval for Indian casinos on
non-reservation land, such as the one proposed in Monticello, and one
that would have raised the state's minimum wage to $6.75 an hour from
$5.15. All three measures are long overdue. The Rockefeller drug laws
impose harsh sentences on first-time nonviolent offenders and have
added greatly to the state's prison population. They also have failed
to fulfill their objective of deterring drug crime, but many lawmakers
are fearful of reform because of a possible backlash at the polls.

Despite the setbacks, there is reason to hope for some progress soon.
The Assembly could return in December, for example, and take up the
Senate bill on casinos. And it has proposed that a commission review
the Rockefeller drug laws. Governor Pataki should encourage both
initiatives.

To its credit, the Legislature approved stronger penalties for sexual
assault, although it is questionable if the lawmakers would have acted
were it not for the recent attacks in New York's Central Park. The
lawmakers, also to their credit, approved stronger measures to protect
children at day care centers, and it extended laws on procurement of
products made by 6,000 disabled New Yorkers. As with all sessions,
this one's true impact can't be assessed until all the details are
examined. For now, though, it looks like a session that realized only
some of its vast potential.