New 'concealed-carry' laws begin Thursday; gun-free zones created
ALBANY — Concealed firearms will be prohibited from churches, government buildings, bars and other “sensitive zones” beginning Thursday under the state’s new gun control laws, which include a multistep process to obtain a concealed-carry permit.
Under the laws, applicants for concealed-carry permits will have to take 16 hours of classroom instruction on firearms safety and two hours of live-firing on target ranges to show they can handle the firearm safely, among other requirements.
The new measures, including identifying Times Square as a gun-free zone, are in response to the recent U.S. Supreme Court decision that struck New York’s 100-year-old concealed-carry law.
Gov. Kathy Hochul released more details at a Wednesday news conference on how permit applicants, firearms owners and dealers must operate under the new laws.
Gun-free zones
Gov. Kathy Hochul announced Wednesday that gun-free zones around the state will include:
- Government buildings, including courts.
- Health and substance abuse rehab buildings.
- Places of worship.
- Libraries, public playgrounds, parks and zoos.
- Times Square with boundaries determined by New York City. The city may designate additional zones, said Fabien Levy, Mayor Eric Adams’ press secretary.
- State-funded child care centers.
- Nursery schools, preschools, summer camps.
- State-funded facilities for the disabled.
- Shelters for the homeless and for domestic violence survivors.
- Colleges, private and public schools.
- Public transportation.
- Bars, restaurants that serve alcohol and stores that sell marijuana for use at the site.
- Theaters, stadiums, racetracks, museums, amusement parks, performance venues, concert and exhibit halls, conference centers, banquet halls, gambling facilities such as casinos and sites with video-lottery terminals.
- Voting locations.
- Public sidewalks and public areas restricted for a limited event such as a festival or block party, protests and demonstrations.
For example, she said anyone who carries a weapon into a gun-free zone will face a Class E felony, punishable by one to five years in prison. Police will respond to tips and act on what police called legitimate suspicion to confront those who may violate the law.
Hochul said a person with a concealed-carry permit could face the felony even if he or she inadvertently carried a gun into sensitive zones. That person also could face revocation of the license and seizure of “any and all firearms, rifles, or shotguns owned,” according to the law.
“That’s why we’re launching a massive public relations effort,” Hochul said in answer to a Newsday question. “We are encouraging everyone to follow the law. The law will be very clear to them. We’ve identified all the parameters of what’s legal and what’s not legal. It’s on our website … So everyone has a responsibility, independent of this, to be aware of the laws, to follow the laws, and there’s consequences if they don’t.”
Among other requirements of the new laws, an applicant will have to provide four character references, a list of former and current social media accounts for the last three years, and disclose his or her spouse, partner or anyone else living in the same home.
Applicants also will have to have an in-person interview with a licensing officer, who may request additional information. The state also standardized and strengthened the required background checks to be sure they are thorough in every county.
Hochul said firearms dealers and instructors were consulted in crafting the laws.
A federal judge declined to put the new gun rules on hold Wednesday. Despite writing that the arguments for granting a preliminary injunction to stop the rules were persuasive, Judge Glenn Suddaby said the plaintiffs — an upstate New York resident and three gun rights organizations — didn’t have standing to bring the legal action.
First Deputy Superintendent of State Police Steven Nigrelli promised “zero tolerance” for violations.
“If you violate this law, you will be arrested. Simple as that,” Nigrelli said.
County clerks have seen a rush of applicants for concealed-carry pistol permits since the Supreme Court decision. Applicants have told local news organizations that they hope to secure their permits fast to avoid the new requirements.
But Hochul said those in this “rush” of applicants will be still be subject the new laws.
“There has been an increase in pistol permits applied for, but it’s a lengthy process,” Hochul said Wednesday. “That won’t make a difference because it’s who has a permit on the date, not when you applied. It can take many months … it can take a year.”
In June, the Supreme Court ruled that the state’s process of granting concealed-carry permits at the discretion of county judges was too subjective and restrictive. The court ruled that the constitutional right to possess a firearm for self-defense at home also must exist outside the home, although with provisions against criminal and other use. The decision also allowed for sensitive areas to be designated gun-free zones, but not whole municipalities.
A spokesman for the state Rifle & Pistol Association, which that brought the case, didn’t immediately respond to a request for comment.
In a June interview with Spectrum News, Tom King, president of the association, said Hochul and the State Legislature are trying to “circumvent the Supreme Court,” adding, “The legal gun owner is not the problem.”
On Wednesday, New York City Mayor Eric Adams said the court decision could lead to a “quick draw” society. He said Hochul, a fellow Democrat, is meeting “a surreal moment with a real response.”
The state will provide monthly reports to county officials on any convictions or court orders that would disqualify a person from holding a concealed-carry permit. Pistol permits also must be renewed every three years under the new laws, instead of five years.
“We’re now going to raise the bar and make sure people are truly responsible gun owners once they get a permit,” Hochul said.
The state website (gunsafety.ny.gov) details the laws for applicants, owners and dealers.
With Matthew Chayes and AP
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