Thursday, June 6, 2024

Can You Conceal Carry In New York

What Are The Requirements

Supreme Court strikes down New York concealed carry law

The first thing to remember is that the license is usually issued for on premises only, which basically means that you will be allowed to carry your handgun only at the designated location. This location is usually just your home, or your place of business.

In order to actually be useful, the license will need to allow you to carry outside of the home. To convince the licensing office to issue a license to carry outside of the home, you will need to show proper cause. This will need to be a reason such as if you have a restraining order against someone with a history of violence, or some other extreme situation.

More often than not, even in serious situations which seem to call for you to be armed, licenses will only allow carry outside the home if you can show there is no other way to protect yourself other than being allowed to carry your handgun.

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Firearms Purchase Permits And Registrations In New York

You need a purchase permit before you can buy handguns in New York. However, you do not need a permit for long guns.

Furthermore, all handguns purchased in the state must be registered before sales are complete. But there are no registrations for shotguns.

Your New York Pistol License will also identify your handgun in terms of the caliber, the model, the serial number, and the manufacturers name.

The permit will carry information such as if the handgun can be concealed carry by the holder, or meant for specific locations.

You can also amend your CCW permits if you purchase a new firearm, or you want to remove an existing one from the permit.

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Which Law Enforcement Agencies Will Conduct These Searches

Who will grant gun licenses in New York under the new law is dependent on the jurisdiction. In New York City, the NY Police Department issues gun licenses and will check social media accounts. Across the state, there may be some sheriffs departments who conduct the checks, but in many cases, a county authority, such as a judge, issues the license. However, in those cases, responsibility for ensuring requirements for a gun license are met will still fall to the sheriffs.

Troopers remain committed to this mission, and we are dedicated to stopping the criminals who traffic illegal guns and endanger our communities, State Police Superintendent Kevin P. Bruen said in a statement.

NY Sheriffs Association Executive Director Peter Kehoe said there is worry by sheriffs that the task of searching through social media accounts would be too difficult. He said there is a risk that law enforcement will miss something in the social media account of someone issued with a gun license who then goes on to commit a crime, putting that responsibility and accountability on the sheriffs.

It falls on the sheriff because he missed something when he was given an impossible task, he said.

Kehoe adds that the definition of character and conduct under the new statute is too vague.

The statute says that they have to give us social media accounts and we have to use those to determine whether or not the individual has the right temperament and judgment to be entrusted with a weapon, Kehoe said.

The Legislation Signed Into Law Friday Mandates Training Courses For Concealed Carry License Holders Prohibits Guns In Times Square And Sets Firearm Storage Requirements

Knuckleheads and Worse, Bringing Guns in Carry

Ed Reed/Mayoral Photography Office.

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Gov. Kathy Hochul signed a bill into law Friday that will set new limitations on who can carry a gun outside of their home following the Supreme Courts overturning of the states current restrictions on concealed carry licenses.

The court ruled last week that New Yorks practice of issuing concealed carry licenses on the basis that a person must prove they have a unique self-protection need is unconstitutional. To ensure that some limitations remain in place, the Legislature, which was in recess, was called back to Albany on Thursday to take up new legislation that redefines who can obtain the permits and how, along with where they can carry their weapons.

Hochul signed the legislation, sponsored by state Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie, after it passed both the Assembly and state Senate Friday. Heres an overview of the main points in the legislation, some of which Hochul previewed earlier this week:

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Mandates firearms safety training: Concealed carry license holders are required to undergo 16 hours of in-person training, including two hours of live-fire range training, to be determined by the division of criminal justice services and superintendent of state police. The training must include general firearm safety, storage safety and conflict deescalation, suicide prevention and more.

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Understanding Recent Changes To New Yorks Gun Laws

Background

On June 23, 2022, in a 6-3 ruling, the U.S. Supreme Court struck down part of New Yorks concealed carry law, a provision requiring an applicant to show proper cause in order to obtain a license to carry a concealed handgun outside their home. The Courts decision in New York State Rifle & Pistol Association v. Bruen removed a key element of New Yorks gun laws, making it easier to obtain a license to carry a firearm in New Yorks public spaces. In its wake, on July 1, 2022, New York Governor Kathy Hochul signed into law new legislation strengthening the states gun laws.

What did the Supreme Court hold and why?

What does the Supreme Courts decision do to gun safety in New York State?

What kinds of restrictions on public carry remain presumptively permissible?

Enhancing New Yorks Gun Laws in the Wake of Bruen

In the wake of the Courts decision in Bruen, New Yorks lawmakers were called back to Albany for a special session to pass new legislation clarifying and enhancing New Yorks many public-safety-oriented protections for handgun licensing in a manner consistent with the Supreme Courts decision. On July 1, 2022, Governor Hochul signed landmark legislation expanding restrictions on access to guns in the state. You can read the law here.

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Conceal Carry For Law Enforcement Officers In New York

The Law Enforcement Officer Safety Act allows officers of the law to possess firearms in all jurisdictions of the United States without any location restriction or limitation by state and local laws.

This act covers active and retired officers in the country. However, the case is usually quite different for retired and out of service officers.

They must meet the requirements provided by LEOSA before they can conceal carry.

In New York, only retired officers that reside in the state and have the required certification, according to LEOSA, will be allowed to conceal carry.

A certified LEOSA instructor of the state oversees this qualification process, and the officers can confirm the qualification process from their county of residence.

Most county requirements for retired officers include the following:

  • A New York pistol permit or a card issued by LEOSA.
  • An identification card issued by the law enforcement agency where the officer retired.
  • A notarized affidavit.

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New York Gun Laws Summary

New York issues a New York Pistol License for the possession of handguns in the state.

The local county or court is in charge of the license application.

As a may-issue state, law enforcement has the discretion to either reject or accept an application.

New York issues purchase permits in the state to buy firearms, and every buyer must complete a criminal record background check.

Even with the license to carry a firearm, you are not exempted from the check.

The state does not issue carry licenses, and purchase permits to non-residents. Only residents above twenty-one years old qualify for the application.

Safe Handling And Storage Law

What’s next for concealed carry laws in NYC?
How does the new law impact transporting guns in a vehicle?

Effective September 1, 2022, if you leave your gun unattended in a vehicle, it must be unloaded and locked in a fire, impact, and tamper resistant storage depository that is hidden from view. Glove compartments and glove boxes are not appropriate safe storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will suffice for this purpose.

If an adult remains with the vehicle to ensure security, a case or safe is not required. To prevent theft and ensure safety, it is always recommended that firearms be secured during transport. Local rules for traveling with firearms also apply and may be more restrictive. For example, New York City requires that all guns be unloaded, in a case, and out of sight, even when you are with the vehicle .

How am I required to store my guns in my home?

If anyone younger than 18 years old or anyone who is prohibited from possessing a gun resides in the home, all firearms, rifles, and shotguns not in your immediate control must either be:

  • secured with a gun locking device that makes them incapable of being accessed or fired by the prohibited individual, or
  • locked securely in a safe or secure container that is fire, impact, and tamper resistant and which is locked using a key, keypad, or combination.

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What Is The Scope Of The Law

The wording of the requirement suggests applicants only need to share their public content with officials, and that the purpose of the search is to corroborate written testimony from character witnesses, according to David Greene, civil liberties director of the Electronic Frontier Foundation.

Greene believes the social media rules are intended to look for stated intent to commit crimes with a gun. But Greene said theres a host of information unrelated to a search for criminality that can be gleaned from accessing someones social media history.

can say a lot about someones political affiliations, about the community organizations they belong to, about religious groups theyre active in and their familial relationships, he said.

Greene said that context which is hard to gather from a quick social media scan is relevant to what people share on the platforms, and it can be difficult to get that from a profile alone .

While New Yorks new gun law includes welcome changes, such as requiring more firearm training, the social media requirements are a poor part and have serious privacy concerns, said Adam Scott Wandt, an associate professor at the John Jay College of Criminal Justice.

The New York City Bar Association Committee on Technology, Privacy and Cyber, which Wandt co-chairs, did not have time to offer input or feedback on the laws, either, he said..

New York Concealed Carry Laws

Disclaimer: While the information provided here is legal in nature, it is not to be construed as legal advice, and is for educational and entertainment purposes only.

With so many different gun laws across the country, keeping track of the laws on carrying concealed can get complicated.

Since buying a handgun in New York requires getting the same license that allows you to carry concealed, the only trick is being permitted to carry outside the home!

This guide will go over everything you need to know on how to be able to carry outside your home, and the additional laws youll need to watch out for when you do.

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Open Carry Laws In New York

New York is a non-permissive open carry state. This means that the state prohibits the open carry of loaded firearms.

However, you can still possess firearms in a concealed manner with the state carry license.

There are restrictions to ammunition and firearms you can carry. The state bans armor-piercing ammunition and machine gun firearms.

Only members of the military and law enforcement officers are exempted from this prohibition.

Some Religious Leaders Question New State Law Concerning Concealed Carry For Parishioners

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BUFFALO, N.Y. New York state’s new gun reforms took effect on Thursday with new requirements for permit applications and restrictions on areas where concealed weapons cannot be carried.

With the changes an interesting question popped up for some groups that are now categorized as a “sensitive location.” That is, houses of worship.

It’s hard to comprehend or accept but you may recall that places of worship have also been hit with violence. From the 2015 South Carolina church shooting where Black congregants in a Bible study program were killed, to the 2017 Pittsburgh synagogue shooting, and then other church shootings in Texas and elsewhere.

In one particular case in Texas in 2020, a church member actually rose and pulled his concealed weapon and killed the shooter, who started shooting during a service. The church member was later cleared by authorities.

So now technically under the state’s sweeping gun law, it is considered to be criminal possession of a weapon in a house of worship unless the individual has fit certain exemptions.

Various religious leaders of different faiths I reached out to declined an on camera interview or did not respond. The Jewish Federation of Greater Buffalo said it had reviewed the security policy but referred us back again to member synagogues.

Some say they are also opposed to the law on these grounds as it impacts their law abiding church members who have such permits

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Your New York Gun Rights

New York is now a shall-issue state since the Supreme Courts ruling on the NYSRPA v Bruen on June 23rd, 2022, with concealed weapons licenses issued at the local level by the county sheriff or court system.

The rules are also tougher when buying a handgun from a private individual. This requires a background check, firearms registration, and a purchase permit. Possession of unregistered firearms is illegal, and only licensed dealers can conduct private sales.

Gun rights can differ depending on your location, making a basic understanding of your home states rules essential. Here are the current firearms laws for NY:

Firearms Training & Competency

16 hour training course with 2 hours of live fire training is now required throughout the state Consult with your local law enforcement office for guidance. There are many ways to increase your firearms skills, legal knowledge, and situational awareness that are worthwhile ways to become more capable and confident with your weapon, even when training isnt required.

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Concealed Carry In New York

Only those in possession of a NY Pistol Permit can CC, and there are restrictions:

  • Only residents or part-time residents can CC.
  • Those who are principally employed in NY may also CC.
  • Pistol licenses obtained outside New York City arent valid in the Five Boroughs, but those obtained in NYC are recognized statewide.

CC licenses are also subject to restrictions to ensure theyre only used for the purposes outlined in the application.

Castle Doctrine In New York

NY lawmakers adopt new restrictions for legal gun owners seeking to conceal carry

The castle doctrine law in New York is a self-defense law that allows you to stand your ground in the face of an attack when you are in your safe territory.

So, the castle doctrine law allows the use of excessive force for self-protection as long as you are in your home of residence, and you are not the invoker or the instigator of the attack.

The law states that when a person who is in control, licensed or privileged to be in a building or dwelling place has any reason to believe that an intruder is trying to break in, then he or she can use a deadly force deemed necessary to stop such an attack.

However, in New York, you have to retreat from such an attack if you feel that it is safe to do so or when you are not in your dwelling place.

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What The Legislation Means For New York City

Does the Bruen decision mean it will be easier for people to carry guns in New York City?

Although the Bruen decision and the state legislation mark a shift from the prior concealed carry landscape, it is important to keep in mind that with some limited exceptions, a New York license is generally needed to carry a gun and the NYPD will continue to enforce the laws against unlicensed gun carriers.

Can people bring guns into the subway?

Generally, no. As noted above, subways are “sensitive locations.” For more information on sensitive locations, see the FAQ entry above.

I own a private business in New York City, and I do not want individuals to enter with a gun, even if they have a concealed carry license. What should I do?

It is a felony for a person to enter or remain on your property unless you have given your express permission for a person to carry their gun into your property. If someone enters your store with a gun without such permission, you can ask them to leave or call 911. You are not required to post any signage on your property prohibiting gun owners from entering your premises with a gun however, if you would like to post a sign, you are free to do so. Templates are available below. You may also create and use your own signage.

I own a private business in New York City, and I would like to permit lawful concealed carry license holders to enter with their concealed gun. What should I do?

I saw someone with a gun that was not concealed. What should I do?

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