Latest NY state handgun permit law

[BurkeM]

What does the New York Conceal Carry Law Require?

A lot.

reason.com

 

[Allen65]

What does the New York Conceal Carry Law Require?

A lot.

reason.com

Amazing . A law intemded not only to effectively end an enumerated constitutional right, but one passed purely as an act of malice against both the prevailing party in a suit against the state and against the court that rendered the judgement. The smackdown will be epic, if not fast, because what the NY Governor and legislature just did are a direct attack on rule of.law and the authority of the Federal judiciary.

 

[Boxcab]

Do we need another thread?



.

Sent from my SM-G781U using Tapatalk

 

[Mark75H]

Do we need another thread?



.

Sent from my SM-G781U using Tapatalk

5 or 6 at least. You get a thread, you get a thread, you get a thread ... EVERYONE GETS A THREAD!

 

[6-Pack]

Amazing . A law intemded not only to effectively end an enumerated constitutional right, but one passed purely as an act of malice against both the prevailing party in a suit against the state and against the court that rendered the judgement. The smackdown will be epic, if not fast, because what the NY Governor and legislature just did are a direct attack on rule of.law and the authority of the Federal judiciary.

And they were even dumb enough to keep saying they were going to “mitigate” the “impact” court’s ruling. If nothing else, it fails under THT because there’s no historical reasoning for this.

Thankfully they included muskets in their new law. As far as I can tell, no one hath be required to unloadeth thy musket upon parking their horse.

And yes, there’s the whole “thumbing their noses at the SCOTUS issue too. Smack down will be epic. I’m hoping suits are filed quickly, and it would be awesome if it was the same exact parties too.

 

[sbmike]

Look for a similar response from Frosh, if he decides to act at all. By eliminating as many areas as possible where guns can be carried, it will end up that CCW holders will be effectively allowed to carry legally only around the tree in their front yard and nowhere else.

 

[VRC Racing]

And New York responds with this

MSN

 

[teratos]

And New York responds with this

MSN

May as well let the courts have at it now.

Is this about the dumbest thing NY can do?

 

[press1280]

Did this law literally get written and passed through in a week?

I can't believe a court would allow much of the new law to be OKed. It's obvious what they're up to.

 

[teratos]

Did this law literally get written and passed through in a week?

I can't believe a court would allow much of the new law to be OKed. It's obvious what they're up to.

It will be good, because a lot applies to MD.

 

[hodgepodge]

It's the wet dream of anti-gun folks. It's also a big sign that says "SUE ME!". Doc's right. MD will implement this. It needs to be adjudicated, and Please, Justice Thomas, slapped down.

Access to my wife's Facebook account so I can carry a gun? I don't think so.
Every place is automatically 'sensitive'? I don't think so.


For example, guns would only be allowed in businesses if the owner put up a sign explicitly allowing it.

Other off-limits locations include demonstrations, schools, healthcare facilities, parks, Times Square, public transit, bars, polling places, entertainment venues and more.

It will be a felony to bring a gun to a restricted area.

Gun license applicants will be subject to interviews, social media monitoring and monthly background checks. They will also need to undergo 15 hours of training (fixed at 16 hours of classroom (sound familiar?) and 2 hours of live fire) at a firing range, provide contact information for household members and renew their licenses every three years.

Permits will be denied for a broader range of criminal offenses.

The bill also contains a slew of other provisions and rules surrounding the purchase of ammunition and gun accessories, the storage of weapons and other minutiae for gun ownership.

It allows for local governments to impose even tighter gun laws if they so choose as well.

 

[lazarus]

And they were even dumb enough to keep saying they were going to “mitigate” the “impact” court’s ruling. If nothing else, it fails under THT because there’s no historical reasoning for this.

Thankfully they included muskets in their new law. As far as I can tell, no one hath be required to unloadeth thy musket upon parking their horse.

And yes, there’s the whole “thumbing their noses at the SCOTUS issue too. Smack down will be epic. I’m hoping suits are filed quickly, and it would be awesome if it was the same exact parties too.

Yeah I am not sure how enforceable that is. Unless it is a state background check. Because the ATF doesn’t consider it a firearm, and FFL can’t run a NICS check for one. At least without lying on the form.

 

[mac1_131]

Coming soon to a state near you...

 

[Johnconlee]

Any chance this is a whole different argument that will go back through the whole court system?

 

[beavisman1]

Thanks for nothing NYSRPA. Coming soon to an MGA near you. Over on the NYGuns forums, rural/upstate permit holders are waking up to realize that effective 9/1 their permits are worthless because all of NY is now a "sensitive place". And yes, the atitude is "Thanks for nothing NYSRPA".

NY's New Gun Law.

-CCWs will expire every 3 years. You have to complete the mandatory training course in order to renew. If your permit was re-certified >3 years ago you have 1 year to renew, requiring only live fire qualification.

-Training course requirements: 16 hours of classroom training on general firearm safety, safe storage requirements and general secure storage best practices, state and federal gun laws, situational awareness, conflict de-escalation, best practices when encountering law enforcement, places considered sensitive or illegal to carry, conflict management, use of deadly force, suicide prevention, and the basic principles of marksmanship. Minimum score of 80% on a written test. Minimum 2 hours live fire training.

Gun owners must have "good moral character" supported by 4 references and a review of all social media activity. Claiming to not have social media accounts may be deemed "anti-social" behavior and grounds for non-issuance of a permit.

-Ammunition background checks: The state is pushing forward with a statewide licensing and record database, managed by the state police. Before Ammunition is transferred, the seller will be required to contact the state police prior to sale.

-They've added verbiage to fix the law pertaining to body "vests". It would be amended to "body armor" designed to protect against gunfire.

"Sensitive" places where carrying is a Class E felony: Places where carrying will get you a felony charge:

• Guns will be off-limits on private property unless the property owner indicates that he or she expressly allows them. This bans carry by default in all businesses unless the owner allows it in writing. It also potentially bans firearms within apartments if the landlord hasn't expressly given permission.
• Anywhere people gather to express their constitutional rights to protest or assemble
• Any place under the control of federal, state, or local government for the purpose of administration
• Any medical facility
• Any church or place of worship
• libraries, public playgrounds, public parks, and zoos
• Any place the office of children and family services runs a "program"
• nursery schools, preschools, summer camps
• anywhere the office for people with developmental disabilities runs a program, or programs funded by them
• homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence
• residential settings licensed, certified, regulated, funded, or operated by the department of health
• grounds owned or leased by educational institutions, public or private
• Any public transportation, including the buildings or structures that facilitate them
• Anywhere alcohol or cannabis is served for public consumption
• any place used for the performance, art entertainment, gaming, or sporting events
• polling places
• public sidewalks of public places where access has been restricted
• Times Square

Current Maryland W&C permit holders will probably be looking at a similar statute, making their current permits worth less than an old gummed up playing card. In may issue states, those who already have unrestricted licenses will find themselves subject to far more restrictive carry laws than before Bruen was decided. The lower courts will simply ignore Bruen the way they ignored Heller for 12 years. Anyone who thinks the 2nd Circuit is going to support 2nd Amendment rights because "Clarence Thomas said so" is living in a fantasy world. The lower courts will support these laws for another decade before anything of significance comes back to SCOTUS.

 

[teratos]

Thanks for nothing NYSRPA. Coming soon to an MGA near you. Over on the NYGuns forums, rural/upstate permit holders are waking up to realize that effective 9/1 their permits are worthless because all of NY is now a "sensitive place". And yes, the atitude is "Thanks for nothing NYSRPA".

NY's New Gun Law.

-CCWs will expire every 3 years. You have to complete the mandatory training course in order to renew. If your permit was re-certified >3 years ago you have 1 year to renew, requiring only live fire qualification.

-Training course requirements: 16 hours of classroom training on general firearm safety, safe storage requirements and general secure storage best practices, state and federal gun laws, situational awareness, conflict de-escalation, best practices when encountering law enforcement, places considered sensitive or illegal to carry, conflict management, use of deadly force, suicide prevention, and the basic principles of marksmanship. Minimum score of 80% on a written test. Minimum 2 hours live fire training.

Gun owners must have "good moral character" supported by 4 references and a review of all social media activity. Claiming to not have social media accounts may be deemed "anti-social" behavior and grounds for non-issuance of a permit.

-Ammunition background checks: The state is pushing forward with a statewide licensing and record database, managed by the state police. Before Ammunition is transferred, the seller will be required to contact the state police prior to sale.

-They've added verbiage to fix the law pertaining to body "vests". It would be amended to "body armor" designed to protect against gunfire.

"Sensitive" places where carrying is a Class E felony: Places where carrying will get you a felony charge:

• Guns will be off-limits on private property unless the property owner indicates that he or she expressly allows them. This bans carry by default in all businesses unless the owner allows it in writing. It also potentially bans firearms within apartments if the landlord hasn't expressly given permission.
• Anywhere people gather to express their constitutional rights to protest or assemble
• Any place under the control of federal, state, or local government for the purpose of administration
• Any medical facility
• Any church or place of worship
• libraries, public playgrounds, public parks, and zoos
• Any place the office of children and family services runs a "program"
• nursery schools, preschools, summer camps
• anywhere the office for people with developmental disabilities runs a program, or programs funded by them
• homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence
• residential settings licensed, certified, regulated, funded, or operated by the department of health
• grounds owned or leased by educational institutions, public or private
• Any public transportation, including the buildings or structures that facilitate them
• Anywhere alcohol or cannabis is served for public consumption
• any place used for the performance, art entertainment, gaming, or sporting events
• polling places
• public sidewalks of public places where access has been restricted
• Times Square

Current Maryland W&C permit holders will probably be looking at a similar statute, making their current permits worth less than an old gummed up playing card. In may issue states, those who already have unrestricted licenses will find themselves subject to far more restrictive carry laws than before Bruen was decided. The lower courts will simply ignore Bruen the way they ignored Heller for 12 years. Anyone who thinks the 2nd Circuit is going support 2nd Amendment rights because "Clarence Thomas says so" is living in a fantasy world. The lower courts will support these laws for another decade before anything of significance comes back to SCOTUS.

Almost none of this has a snowballs chance in Frosh’s ass of passing constitutional muster.

Patience. It won’t take a decade for the big stuff.

 

[beavisman1]

Almost none of this has a snowballs chance in Frosh’s ass of passing constitutional muster.

Patience. It won’t take a decade for the big stuff.

We said the same thing about Heller. Didn't happen, won't happen. 2nd Circuit is openly hostile towards 2nd Amendment rights and that did not change with Bruen. Fortunately, if you want to carry the answer is easy....move. For Marylanders, you all should understand the 4th circuit could care less about "consistutional muster". In their mind Heller, McDonald, and Bruen are illegitmate excercises in academic philosophy and not Supreme Court precedent that should be taken seriously.

All NYSRPA managed to do was kick the hornet's nest.

 

[Lalez]

We said the same thing about Heller. Didn't happen, won't happen. 2nd Circuit is openly hostile towards 2nd Amendment rights and that did not change with Bruen. Fortunately, if you want to carry the answer is easy....move. For Marylanders, you all should understand the 4th circuit could care less about "consistutional muster". In their mind Heller, McDonald, and Bruen are illegitmate excercises in academic philosophy and not Supreme Court precedent that should be taken seriously.

All NYSRPA managed to do was kick the hornet's nest.

So Maryland and NY and are Constitutional Carry then.

Obvious unconstitutional laws are null and void. Always be carrying, sue the police personally into homelessness for violating your civil rights if you get arrested for carrying

 

[beavisman1]

So Maryland and NY and are Constitutional Carry then.

Obvious unconstitutional laws are null and void. Always be carrying, sue the police personally into homelessness for violating your civil rights if you get arrested for carrying

Nah, the lower courts will just uphold your conviction. Mark my words, NYSRPA will be viewed in time as a monumental set back for gun owners. https://reason.com/volokh/2022/07/01/bruen-broke-the-deal/

 

[Lmo]

This new law is wholly unreasonable. Possibly unconstitutional under the 1st, 2nd, 4th, and 14th amendments.

Best that can be hoped for prior to challenge reaching SCOTUS is an injunction staying implementation of the law.