Back in June 2022, the Supreme Court struck down a part of the concealed pistol carry permit licensing scheme. It was found that the “proper cause” requirements were violating the Second Amendment.
The previous concealed carry laws made it difficult for people to carry weapons publicly. As a result, the state legislators prepared new concealed carry laws in New York, and these regulations went into full effect from September 1st, 2022 (at least for the time being). So, if you are in New York and a Concealed Carry License (CCL) holder or a prospective applicant, here is what you must know to protect yourself from any legal ramifications.
New York State Rifle & Pistol Association v. Bruen
The new concealed carry laws in New York ban concealed weapons in several public spaces and add more specific licensing requirements. This resulted from the New York State Rifle & Pistol Association, Inc. v. Bruen ruling, as the Supreme Court ripped off the handgun-licensing law that needed an individual to establish a proper cause for carrying a firearm for themselves.
But the court found that the previous provisions violated the second amendment. Therefore, they added stringent eligibility criteria to the licensing requirements and restricted the carrying of any weapons in sensitive locations. Major changes associate with concealed carry gun licenses, and everyone is mandated to meet the revised needs.
The law also entails regulations for the safe storage of these weapons, background check, and amending the ban on the purchase of body armor. See also How to choose a criminal defense Attorney in New York?
No Guns Allowed
The new concealed carry laws outlaw the carrying of guns in various “sensitive locations,” including airports, bars, courthouses, daycare facilities, education institutions, emergency shelters, entertainment places, playgrounds, religious venues (i.e., places of worship), subways, private properties, public transportation, public rallies, polling sites, public transportation, public parks, sports stadiums, and Times Square in particular. You can refer to this link to get a complete list of these locations.
No one outside law enforcement personnel (on-duty and retired) will be permitted to carry concealed weapons in sensitive locations. You can find more information on the state’s newly launched gun safety official website to keep you up-to-date with these requirements.
Outside of these public venues, private businesses (as well as property owners) are also obligated to put up proper signage explicitly stating whether concealed weapons are allowed or not. Licensees shall not be allowed to bring concealed weapons into a private establishment if the business does not allow them to. If there is no explicit permission, it would indicate that concealed weapons are not allowed on that particular business or property.
Employers and business owners might also have to proactively establish policies setting forth their position concerning the possession of firearms on their premises. If someone enters the premises with a weapon without permission, they can be charged with a felony. If you, as a business or property owner, feel threatened, leave the premises immediately or call 911.
Also, unless your business is not in a sensitive location, you can permit concealed carry permit holders with their guns or rifles. Create and use proper signage or instruct your security personnel on these permissions.
Expanded Permit Requirements
Under the new concealed carry law, licenses will be granted to those with “good moral character” upon providing four character references. It will not be granted to those with a history of violence or convictions for crimes including assault, DWI, or menacing. Check also When does a DWI become a felony in New York?
The new laws also impose undergoing 16 hours of classroom training along with two hours of live-fire safety training course.
The applicants must also provide a list of their social media accounts (former and current) as part of the character review report. This is necessary as many shooters have often dropped hints online before opening fire on people.
The applicants must also disclose information about their spouses, other adults, and children in the household, as it would be necessary to follow safe storage practices for firearms. The law also mandates an in-person interview with the licensing officer to meet the new minimum standards.
The new laws set strict standards for issuing permits as opposed to the old statutes. Many believe these rules are less focused on managing gun violence issues and more on preventing anyone from getting a gun as easily. This is true for even the law-abiding and upstanding citizens of New York. Also, all the additional investigative work might only create a backlog when processing applications.
If you already possess a concealed carry permit and recertify it with the NY state police, you are not required to complete any training. However, recertification and renewal would now be compulsory every three years as opposed to five previously.
Also, New York does not honor concealed carry licenses from other states or parts of New York. There are exceptions for transporting guns through the city, provided those are unloaded and adequately secured. If you have questions or concerns related to licensing, please get in touch with the New York City Police Department Licensing Division for better assistance.
Minimum age and permit provisions related to the ownership of semi-automatic rifles (also called self-loading rifles or auto-loading rifles) took full effect in September 2022. According to these new rules, individuals must now be above 21 to obtain a permit for possessing or purchasing a semi-automatic rifle. However, it does not affect anyone having a semi-automatic rifle before September 4th, 2022. In addition, New York authorities are also working to implement new requirements in 2023 for creating permit and ammunition databases.
The Reason for the Change
The state’s previous laws were overly broad and burdensome and were struck down in June 2022. Governor Kathy Hochul and the New York State Legislature signed the “Concealed Carry Improvement Act,” or CCIA, into law in July 2022.
The Governor passed all these provisions in response to the mass shootings in Buffalo this spring. It was an attempt to keep New Yorkers safe from gun violence. The new concealed carry laws have been implemented, nullifying many century-old ordinances. However, these developments are just a major pull in the tug of war among the supporters of the Second Amendment and the officials in favor of stronger gun safety regulations.
Many believe that the ruling makes the application procedure unduly burdensome and carrying firearms pretty constrained and limited.
Suspending Provisions of CCIA
Per the previous regulations, an applicant would have had to demonstrate the individualized need to obtain a permit to carry a firearm for self-defense outside work or at home.
In response, the Concealed Carry Improvement Act (CCIA) was signed, modifying several requirements for possessing and purchasing firearms in New York. Since the law went into effect, it has been subject to multiple legal battles on constitutional grounds.
Lately, a federal judge suspended many important parts of the new gun law restrictions, resulting from a thrust from Gun Owners of America (GOA) and Gun Owners Foundation (GOF) on the belief that these rulings will only limit firearm ownership and constitutional rights.
Gun violence and the new gun regulations
The new concealed carry laws in New York remain a hot topic. However, in an attempt to protect communities from gun violence and strengthen the historic gun regulations, recent amendments have taken place. To summarize, here we enlist the major announcements made by Governor Hochul that you must know:
- The statutory changes passed in September 2022 address the decisions taken recklessly in June’s New York State Rifle & Pistol Association Inc. v. Bruen case.
- The new concealed carry laws in New York require individuals obtaining a permit to undergo training, social media review, and in-person interview.
- The restrictions majorly apply to sensitive locations such as schools, libraries, healthcare facilities, restaurants, bars, government buildings, and other sites that can attract criminal activity, as well as Times Square.
- The laws also suggest expanding storage requirements of all firearms if there are kids at home.
- Now, firearms permit recertification and renewal remain mandatory every three years.
- The state authorities also launched a one-stop, comprehensive website to provide gun owners, gun dealers, and prospective applicants with the necessary information on the newer developments concerning the new concealed carry laws.
- Furthermore, this website contains information on how hunting activities continue to be legalized under the new concealed carry laws in New York.
However, Judge Glenn T. Suddaby recently put a partial preliminary injunction with immediate effect on many provisions on the basis of unprecedented constitutional violations.
Protect Your Rights with a New York Criminal Defense Attorney
The new concealed carry laws are complicated, and you could be involved in serious violations. Should you ever be accused of a firearms offense in New York, seek professional legal assistance as soon as possible. See our Criminal Defense Attorney
At the Law Offices, we work tirelessly to build a solid criminal defense to protect your legal rights. You can expect to receive comprehensive representation and the results you need with a team that is right by your side 24/7.
Get in touch with Gina M. Wicik and her skilled team for a FREE, initial, confidential consultation. With our knowledgeable New York concealed carry offenses attorney by your side, you can be confident that your case will be handled with utmost care and precision.
Call 516-253-4278 today or fill out this form for better assistance.
Disclaimer: It is crucial to remember that these rulings do not apply to the whole of New York, and a few decisions have already been appealed. The state will also likely seek a stay in the Court of Appeals. Therefore, you must not act upon this blog without verifying the state laws currently in place. All the details in this content are for general informational purposes only. Seek professional assistance to help you navigate the specifics of the law in your particular circumstances without superseding the applicable and updated rules and regulations.