Governor Convened Extraordinary Session of the Legislature in Response to the U.S. Supreme Court's Decision in New York State Rifle & Pistol Association Inc. v. Bruen
New York State Has Led the Way in Implementing Common Sense Gun Safety Legislation to Protect All New Yorkers
Governor Kathy Hochul today marked the one-year anniversary of common sense legislation that strengthened New York’s pistol permitting process and provided a national model for gun safety and the fight against gun violence. The laws that took effect on September 1, 2022, included requirements for comprehensive background checks and firearm safety and live-fire training for individuals seeking to obtain concealed carry permits; prohibited concealed carry permit holders from bringing their firearms into sensitive locations, such as schools, government buildings and hospitals, among others; and required renewal or recertification of permits every three years. The State also launched a gun safety website to provide the public, gun owners, and gun dealers with comprehensive information about the new requirements under state law.
“All too often, New York has witnessed the devastation caused by gun violence in our communities," Governor Hochul said. "As Governor, I took swift action to keep people safe following the Supreme Court's decision in Bruen to strike down our state’s century-old concealed carry law. One year later, we are continuing to lead the nation in the fight against gun violence and saving lives.”
New York State Police Acting Superintendent Steven A. Nigrelli said, "We applaud Governor Hochul for her unwavering commitment to reducing gun violence and preventing unnecessary tragedies in our communities. Gun safety and stopping the illegal possession of firearms, and gun violence in any form, is a top priority for the State Police and all our law enforcement partners. We remain steadfast in the fight against gun violence and keeping all New Yorkers safe.”
In response to the Bruen decision, the state standardized and strengthened the background checks for concealed carry permits by requiring four character references; a list of former and current social media accounts for the last three years; disclosure of applicant's spouse or domestic partner, any other adults residing in the applicant's home, including any adult children of the applicant; and an in-person interview with their licensing officer or designee. Under the law, licensing officers may request any additional information they deem appropriate.
All concealed carry permit applicants who applied on or after September 1, 2022, must take a firearms safety training course that includes a 16-hour classroom component and two-hour, live-fire firearm safety training. Individuals who live in New York City and Nassau, Suffolk and Westchester counties are required to renew their permits and must take the training.
The training is designed to provide licensed firearm owners the skills and knowledge necessary to safely store and carry their firearms, and educate them about other topics, including conflict de-escalation, suicide prevention and use of deadly force, that will help keep them and others safe.
In addition, renewal and recertification of concealed carry permits is now required every three years instead of five. Information about the online recertification process for permit holders can be found here.
Last year, Governor Hochul also announced new permitting and minimum age requirements related to ownership of semiautomatic rifles that took effect September 4, 2022. An individual must now be at least 21 years old and have a permit prior to purchasing or taking possession of a semiautomatic rifle. These new requirements were included in a package of legislation signed by the Governor in response to the racially motivated mass shooting and murders in Buffalo in May 2022.
The State Police and state Division of Criminal Justice Services also developed Frequently Asked Questions about the new gun laws for the public, gun owners, and gun dealers. In addition to training and expanded background check requirements, the laws also:
- Restricted individuals from carrying their concealed pistol or revolver in sensitive locations. Individuals who are not exempt from this restriction under the law can be charged with a felony for violating its sensitive locations provision;
- Required monthly checks of permit holders to determine if they have criminal convictions or court orders that may disqualify them from having concealed carry permits;
- Mandated that firearms in unattended vehicles be unloaded and locked in a fire, impact, and tamper resistant storage depository that is hidden from view; and
- Expanded safe storage requirements if children younger than 18 or anyone prohibited from possessing a gun live in a home with firearms, rifles, and shotguns.
Also, effective as of September 1, 2022, any seller of ammunition or dealer in firearms is required to keep either an electronic record, dataset, or an organized collection of structured information, or data, typically stored electronically in a computer system. The record must be entered at the time of every transaction involving ammunition and include the date, name, age, occupation, and residence of any person from whom ammunition is received or to whom ammunition is delivered, and the amount, caliber, manufacturer's name and serial number, or if none, any other distinguishing number or identification mark on the ammunition.
Beginning on September 13, 2023, background checks will also be required for purchasers of ammunition and antique firearms in New York State. The legislation requiring NYS to perform background checks for both firearm and ammunition transfers mandates a fee be charged for each transaction. The $9 fee for gun background transactions and the $2.50 fee for ammunition background transactions will be used to fund the New York State background check system.
Since the implementation of this new law to protect New Yorkers from gun violence or any other form of harm, shootings are down approximately 26 percent across the state in the last year. CDC data shows that New York has the fourth lowest firearm mortality rate in the nation and, due to the impact of our conceal and carry laws, New York continues to lead the way forward implementing common sense gun safety legislation that prevents harm to people and communities.
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