On October 6, 2022, a federal judge ordered a temporary injunction on a portion of the new laws passed in July. The latest updates have been added.
New York has some of the strictest laws in the nation pertaining to the carrying of firearms outside of the home. In fact, New York was the key state involved in the Supreme Court decision that overturned may-issue laws regarding concealed carry permits in eight other states. May-issue means applicants must pass basic requirements, and the issuing authority (county sheriff, police department, etc.) is allowed to use its own discretion in either issuing or denying a permit. Some may-issue states require an applicant to show “good cause” for obtaining a permit, while others require the applicant to show he or she is of suitable character. Authorities may even require character references to authorize a permit. Now, New York and eight other states are required to issue permits/licenses if the applicant meets the basic requirements set by the state. So, what does this mean for New York?
What Did the Laws Look Like Before Bruen?
Before the Supreme Court struck down the centuries-old law in New York, it was next to impossible to obtain a concealed carry license in the state. An applicant would need to show “proper cause” for needing to carry a firearm for self-defense. The local county sheriff or court system would then determine if the “proper cause” was sufficient enough to warrant a license to carry a firearm outside the home. For most applicants, the “proper cause” aspect of the process was hardly ever met. This led to the court case that made its way through local and state courts, eventually landing in the Supreme Court of the United States.
Apart from the difficulties in obtaining a concealed carry license, New York makes it nearly impossible for anyone to protect himself or herself in the state. A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual in New York. Private sales must be processed by a licensed firearms dealer. Even with a license, it is unlawful to carry a firearm in most public places, such as restaurants that serve alcohol, state and national parks, roadside rest areas, and anywhere in New York City (without an NYC license). While it is lawful to transport a firearm through New York if it is unloaded and locked away, it is not recommended.
New Laws Passed in Response to the Supreme Court Decision
New York Lawmakers were quite unhappy with the Supreme Court’s decision to restore Second Amendment rights to its citizens. Gov. Kathy Hochul responded to the ruling by saying that “we do not need people entering our subways, our restaurants, our movie theaters with concealed weapons. We don’t need more guns on our streets.” She then followed up this response by contradicting her argument, acknowledging the fact that, even though her state has very strict gun laws, they are already “dealing with a major gun violence crisis.”
To counteract the Supreme Court’s ruling, New York passed massive legislation to impose new requirements on applying for a concealed carry license. Other major components are:
- Additional permitting processes: Applicants are to meet in person with a licensing officer for an interview to determine trustworthiness in handling firearms. During the interview, the applicant must disclose all cohabitants, including children, who live in the applicant’s household. They must provide four character witnesses, complete training and submit all social media accounts for the last three years for review.
- Additional restricted locations: Prohibited places include federal, state and local government buildings. Additionally, the new law includes medical facilities, places of worship, libraries, day cares, playgrounds, parks, zoos, public transportation, places where alcohol is served, polling places, theaters, stadiums, arenas, racetracks, museums, amusement parks, performance venues, casinos, and venues for athletic games or contests. Furthermore, carrying is now prohibited on any public sidewalk restricted from access for a permitted special event, protest or anywhere in Times Square in Manhattan.
- Storage: The new law requires firearms to be safely stored in the home if any person under the age of 18 lives there.
- Ammunition database: This requires any seller of ammunition to keep a record of all ammunition sales.
In response to these new, stringent laws in New York, there is a new wave of court cases pending, as residents are suing the state for violating their Second Amendment rights … again. But until these cases move through the courts like before, these laws will remain.
*Published July 2022
Residents and Counties Brace for Confusing Laws
*Updated September 2022
On September 1st, New York’s newest and toughest-to-date gun-control laws will take effect. Many residents and county officials are scrambling to understand some of these confusing and restrictive laws, such as possessing a firearm on private property without permission, which will become a felony. Permit holders will now have to obtain permission (preferably written) before carrying a firearm onto private property. This means that residents could be arrested for a Class E felony for walking through a private parking lot while carrying a firearm, which carries a penalty of more than a year in jail and up to a $250,000 fine. Private property owners that allow concealed carry on their property must now post signs giving permission for the public to carry firearms. If a sign is not posted, concealed carriers must then obtain the permission before entering.
Local authorities will now be tasked with conducting live interviews of applicants, but unsure of who will be doing this. During these interviews, applicants must turn over their social media accounts for “character” reviews and provide additional character references. Furthermore, each applicant must provide the name and contact information of each adult individual living in the applicant’s household. This law places a burden on local officials that may not have the manpower to conduct these interviews for the influx of new applicants since the Supreme Court ruling.
Halt!
On Thursday, October 6, a federal judge ruled multiple provisions in New York’s latest gun laws, known as the Concealed Carry Improvement Act. U.S. District Judge Glenn Suddaby’s ruling said some of the law’s heightened licensing requirements and location-specific bans went too far. New York officials were ordered to halt enforcement.
Judge Suddaby struck down the bans in New York City’s subway system and Times Square. He also said the licensing rule requiring applicants to be of good moral character and turn over information regarding their social media accounts “reduced a first-class constitutional right to bear arms in public for self-defense.” Furthermore, business owners are no longer required to display signs indicating that they allow concealed carry in their place of establishment.
The office of Attorney General Letitia James filed an appeal later the same day.
**Updated October 13, 2022
Attorney General Letitia James filed an emergency retraining order to keep the laws in place pending the appeal. As of today, a federal judge has ordered that the laws remain until the appeal process plays out, which could take months.
Federal Judge Finds Gun Law Unconstitutional (Again)
*Updated November 2022
U.S. District Judge Glenn Suddaby’s preliminary injunction halted state police and local officials from enforcing some provisions of the Concealed Carry Improvement Act, which includes stopping people from carrying concealed weapons in certain “sensitive locations,” such as theaters and locations where alcohol is served.
The state hasn’t announced if it will appeal the new injunction.
Two Pastors Sue to Protect Churches
*Updated November 2022
The Rev. Jimmie Hardaway, Jr. of Trinity Baptist Church and Bishop Larry A. Boyd of Open Praise Full Gospel Baptist Church have sued in federal court to block the enforcement of New York’s ban on carrying firearms inside houses of worship. The reasons for the lawsuit are that they want to be able to protect their congregations against potential active shooters and that the current law violates their right to bear arms.
U.S. District Court Judge John L. Sinatra, Jr. issued a preliminary injunction to block the ban.
