New York’s new gun laws go into effect: Here is what’s included

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The bulk of New York’s gun laws passed in the wake of a related Supreme Court decision this summer go into effect Thursday, launching a full-scale overhaul of the state’s current measures to restrict access to firearms.

The new laws, some of which will kick in on Sunday, impose a slate of new restrictions on those applying to carry a gun, including new training requirements and a review of an applicant’s social media, and detail a number of areas where carrying a firearm is banned, including churches, parks, festivals and most private businesses. Times Square is among the “gun free zones,” and this week, officials discussed temporary signage that would go up in the iconic New York City area to remind residents and visitors of the new laws.

Laws passed during the Legislature’s session included requiring permits for semiautomatic rifles, and raising the age to purchase those firearms to 21, from 18. These laws will take effect Sept. 4. Permits were already required for purchasing handguns for those 21 and over.

But just after the session ended in June, the Supreme Court ruled that New York’s “proper cause” clause, which was used to determine whether an applicant had sufficient need to obtain a concealed carry license, was unconstitutional, saying that it violated residents’ constitutional rights.

In response, Gov. Kathy Hochul vowed to further strengthen New York’s laws around guns, saying it was a “deeply disturbing day” when the ruling emerged. The memories of a mass shooting that killed 10 residents in a Buffalo Tops grocery store on May 14, and a school shooting in Uvalde, Texas, that left 21 dead, including 19 schoolchildren, just days afterward, weighed heavily in the room.

She later called the Legislature back to Albany, where lawmakers passed additional laws around carrying firearms in New York during an extraordinary session.

She reiterated her point of view on the Supreme Court ruling on Wednesday, at a press conference to discuss the new laws.

“At a time when we’re having a national reckoning on gun safety, that decision wasn’t just negligent – it was reprehensible,” Hochul said.

Counties, residents gear up for new laws

The measures have been met with fierce outcry from proponents of the Second Amendment, who said they target law-abiding gun owners while ignoring those who obtain guns illegally. Some county and law enforcement officials spoke out against them as well, pointing to the extra workload that would fall on local county clerk’s offices and law enforcement agencies, who are tasked with processing and investigating applications.

“The fact is we’re still considerably behind the eight ball when it comes to the man hours to do this,” said Monroe County Sheriff Todd Baxter. Right now, the Sheriff’s Office is behind by about 600 applications, before the law goes into effect, he said. They’re anticipating the new restrictions will add about three to four extra hours of investigation per application.

He stressed that he “believes in training,” but feels the new requirements are confusing for New Yorkers, and may be unduly burdensome on legal gun owners.

“This is under the guise of keeping people safer…We had 81 murders in this city (in 2021,) and this law isn’t going to effect too many of those,” he said. “Some of this is just not fair to the law-abiding citizens.”

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Counties like Westchester have seen a massive uptick in applications since early summer. The county received 949 applications for new permits this year through July; by comparison, it received 1,124 new pistol permit applications in all of 2019, according to the Westchester County Department of Public Safety.

As Thursday approached, New Yorkers tried to get their applications in under the wire, forming long lines in Western New York pistol licensing offices, shown in photos widely circulated on social media.

And even as the laws go into effect, a ruling is still pending on a federal lawsuit filed by a Schenectady man in connection with the Gun Owners of America, Inc., claiming parts of the law are unconstitutional.

What’s included in the new law?

The new restrictions strengthen the state’s existing gun laws, which were already some of the strictest in the nation, on a number of fronts.

Among them:

Banning concealed firearms at sensitive locations – Gun-free zones would include houses of worship, schools and colleges, stadiums, theaters, parks and playgrounds and other outdoor areas when a special event, like a festival, is going on. Additionally, concealed weapons would be banned from private businesses unless those businesses posted a sign explicitly allowing firearms.

Those caught carrying guns in prohibited places could be charged with a felony. Exceptions for carrying in sensitive locations include current and retired police officers, on-duty security guards and military service members.

Additional training – Applicants for licenses must undergo 18 hours of training with authorized instructors, including 16 hours of classroom training, to include information on state laws, situational awareness for concealed carriers and conflict de-escalation tactics, and two hours of live fire training. Applicants must pass a written proficiency test with a passing grade of 80% or more, and a live-fire assessment.

Those who have completed a firearm safety course – which is already required in pursuit of a concealed carry permit in New York – in the past five years could be eligible to have those hours applied toward the new training requirements, at a licensing officer’s discretion, according to guidelines from the governor’s office.

Expanded background checks and disqualifying criteria – Applicants who have “documented instances of violent behavior,” or those with weapons possession or alcohol-related misdemeanor convictions will be disqualified from obtaining a concealed carry permit. Background checks and assessments of good character will include a review of an applicant’s social media.

Safe storage – Guns must be locked in cars while traveling, and safe gun storage would be required in households that are home to children 18 and younger.

Background checks for ammunition purchases – This would apply to ammunition needed for guns that require a license in New York. Buyers will need to show their license at the time of purchase.