Guns have always been a controversial issue. No matter where you stand on gun control, it is essential for you to understand the changing laws surrounding gun and firearm regulation. This can help you to stay safe and ensure that you can carry guns legally and properly if you choose to do so.
New York Governor Kathy Hochul implemented new concealed carry laws for the state. These new laws went into effect on September 4, 2022, and affect where individuals can legally bring guns, even when they have proper concealed carry permits. The goal of this legislature is to protect “sensitive areas” from firearm mishaps and violence.
No Guns Allowed
Under the new laws, guns are prohibited in certain locations that have been deemed “sensitive.” These locations include, but are not limited to:
- – Government buildings
- – Hospitals
- – Schools, colleges, and universities
- – Parks
- – Anywhere that serves alcohol
The intent is that, by limiting the locations in which concealed carry guns are welcome, the state can help to mitigate the amount of violence that occurs in these places. Schools, for example, have seen a high number of mass shootings in the past decade. In 2021 alone, there were 34 mass shootings in schools. This legislation aims to protect certain areas by prohibiting firearms, no matter the circumstances or permits.
Private Businesses
Before this legislation, most businesses had to post signage if they wished to ban weapons on their premises. With the new laws in effect, private businesses must now post signs stating that they allow weapons in their establishments if that is their policy. If there is no indication that a private business allows guns, they are considered prohibited on the premises.
Although this seems like a small detail, the idea is that the mindset shift will make guns less prevalent in New York public places. With sensitive areas prohibiting firearms, and private businesses defaulting to firearm prohibition as well, the New York government believes that guns will be restricted in many areas.
Expanded Permit Requirements
This new legislation also expands the requirements necessary to obtain a concealed carry permit from the state. Those applying for a concealed carry license will now have to submit to an in-person interview, a more thorough background check, and a social media account review. The state hopes that by being more exhaustive with the permit process, they can avoid issuing guns to individuals who exhibit violent behavior or other indications that they may hurt themselves or others with their firearms.
If an individual does pass the background check and interview process, they will have to attend a total of 16 hours of classroom firearm training as well as 2 hours of live fire training before their license can be approved. The aim of this component is to ensure that those who have guns fully understand their capabilities, the risks, and how to properly use them. With better training, the government hopes to minimize accidental injury or death from improper firearm use.
The class requirement has been a point of contention for some industry workers, as the logistics have not yet been solidified. Many are concerned about the accessibility of the classes, as finding instructors and volunteers to run the 16-hour courses may take time. Additionally, the cost of the classes will increase because the time required for instruction has also increased. There are also costs associated with the increased ammunition necessary to complete these courses. Furthermore, instructors are concerned about the difficulty of determining the mental health of applicants, as many lack psychiatric training.
Ammunition
Although firearm purchases have required some sort of background check or paperwork for some time, this has not previously been the case for ammunition. Most people have been able to purchase ammunition without question, concern, or regulation.
Under the new laws, the state government is now permitted to perform background checks on individuals buying ammunition. This is a significant change that could potentially have wide-reaching implications. However, the new legislation only makes it possible for the state to run these checks and does not set out how or when this change will take place. The state may not perform background checks on all ammunition purchases. The future of this particular clause is fairly unclear at this time.
Semi-Automatic Rifles
A class of firearm that is given special attention in the new laws is the semi-automatic rifle. It is a type of self-reloading weapon that fires one bullet every time an operator pulls the trigger.
Under the new laws, individuals may only purchase a semi-automatic rifle if they are over 21 years of age. The individual must also have a permit before they are able to purchase or come into possession of a semi-automatic weapon. The increased permit restrictions lengthen the process of obtaining one of these weapons. Those who already owned a semi-automatic rifle before September 4, 2022, do not need to comply with the permit restrictions.
The Reason for the Change
The gun laws in New York have remained basically the same for the past 100 years. However, the Supreme Court recently struck down the old concealed carry laws for New York. Governor Hochul signed this new legislation with the intention of protecting citizens and visitors in New York from gun violence after the old laws became obsolete.
These bills were signed into law on July 1, 2022, and they went into effect on September 4, 2022. Although this gave individuals two months to obtain weapons before the stricter laws went into effect, the new legislation is ultimately intended to restrict the number of firearms in public places. If you are unaware of these changes, you may find yourself in trouble with the law if you carry a weapon into a restricted area.
Contact the Law Offices of Robert Tsigler, PLLC
If you are facing criminal charges, either related to New York’s new concealed carry laws or otherwise, our team can help. We are committed to ensuring that everyone who is accused of a crime gets a fair chance to tell their story in court.
For more information about how we can help you, or for assistance obtaining a concealed carry permit, contact the Law Offices of Robert Tsigler, PLLC online today.
