New York revises firearm regulations in effort to keep restrictions

By Al Mayadeen English
Source: Agencies
2 Jul 2022 07:52

The measure is almost sure to draw more legal challenges from gun rights advocates.

New York Assembly Chamber at State Capitol

New York lawmakers adopted a broad revamp of the state's handgun licensing requirements on Friday, hoping to keep certain restrictions on weapons in place after the US Supreme Court ruled that American citizens have the fundamental right to carry arms in public.

This comes at a time when gun violence has become the main culprit behind children's deaths in the US.

The bill, which was signed by Gov. Kathy Hochul after passing both houses by large margins, is likely certain to spark additional legal challenges from gun rights activists who argue that the state continues to place too many limits on who may obtain weapons and where they can carry them.

After last week's high-court verdict removing the state's long-standing licensing limitations, Hochul, a Democrat, invited the Democrat-controlled Legislature back to Albany to work on the bill.

Gov. Kathy Hochul (D-NY) says she is “prepared to call the legislature back into session” in response to the Supreme Court striking down the state's concealed carry law:

“We’re not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court.” pic.twitter.com/HoIhrRwT0P
— The Recount (@therecount) June 23, 2022

Supporters argue that the rule, which goes into effect on September 1, strikes the correct balance between complying with the Supreme Court's verdict and keeping firearms out of the hands of persons who are likely to use them carelessly or with criminal intent.

Some Republican senators, though, complained that the bill infringed the constitutional right to possess guns. They expected that it, too, would be overturned.

The state's new laws, among other things, would require those seeking for a handgun license to provide a list of their social media accounts in the last 3 years so officials can check their "character and conduct."

Those who apply will need to demonstrate they have "the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself and others."

Gun rights activists and Republican leaders were outraged, claiming that the legislation violated not only the Second Amendment but also privacy and free speech rights.

Republican Chair Nick Langworthy believes that the freedoms of New Yorkers "were just trampled on."

Those applying also have to provide 4 character references, finish 16 hours of gun training, agree to routine background checks, and have contact information readily available for their spouses, partners, or any adults they share a home with.

The bill signed into law on Friday also corrects a recent legislation that prohibited the sale of some types of bullet-resistant vests to the general public. The prior regulation unintentionally prohibited numerous forms of body armor, including the type used by the perpetrator of the Buffalo mass shooting.

The Supreme Court ruled last week that a 109-year-old state statute requiring citizens to demonstrate an extraordinary threat to their safety in order to qualify for a license to carry a pistol outside their houses was unconstitutional. This limitation often restricted licenses to those who had previously worked in law enforcement or who had a unique need that went beyond normal public safety considerations.

Under the new approach, the state will not issue permits to those who have been convicted of driving while drunk, threatening, or third-degree assault within the last five years.

Firearms will also not be permitted in many "sensitive places" such as Times Square, schools, universities, public protests, and more.

People will also be prohibited from firearms in the workplace unless the owners post signs stating that firearms are welcome. People who bring weapons into sites where there are no such notices may face criminal prosecution.

This is in contrast to many other states, where companies that want to keep firearms out are normally forced to post signs indicating that weapons are not permitted.