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New York State's proper cause requirement for obtaining a concealed carry gun license was struck down by the Supreme Court in June 2022, making it easier to obtain a license to carry a firearm in public spaces. The Supreme Court ruled that the 109-year-old provision violated the Second Amendment, stating that law-abiding citizens should not have to prove a special need for self-defense to qualify for a license.

In response, New York Governor Kathy Hochul signed new legislation into law, strengthening the state's gun laws and imposing additional restrictions on carrying concealed weapons in specified sensitive locations, including Times Square. The new measures include eligibility requirements for obtaining a concealed carry permit, such as completing a standardized firearm training and firing range training, as well as demonstrating good moral character and sufficient mental competence.

The new legislation also addresses safe storage requirements, background checks, and the prohibition of certain types of body armor. These changes aim to enhance gun safety and protect public safety in New York State.

New York's proper cause gun licensing provision

The ruling removed a key element of New York's gun laws, making it easier to obtain a license to carry a firearm in public spaces. The decision, however, did not invalidate New York's handgun licensing requirement entirely. The rest of the licensing regime remains in place and is being updated to clarify the eligibility criteria for acquiring a license.

Following the Supreme Court's decision, New York enacted new legislation to strengthen its gun laws and enhance public safety protections for handgun licensing. These new measures include additional eligibility requirements for concealed carry permits, restrictions on carrying concealed weapons in sensitive locations, enhanced safe storage requirements, and expanded restrictions on access to guns.

The Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen

The Supreme Court, in a 6-3 opinion authored by Justice Clarence Thomas, held that New York's law was unconstitutional. The Court's decision focused on two key aspects of New York's licensing regime: the open-ended discretion granted to licensing officials and the special-need requirement. The Court found that these features effectively denied many ordinary, law-abiding citizens their Second Amendment right to carry handguns for self-defence. The Court emphasised that individual self-defence is the central component of the Second Amendment right.

The Supreme Court's ruling reversed the Second Circuit's decision, which had upheld New York's proper-cause standard as substantially related to achieving an important governmental interest. The Second Circuit relied on its prior decision in Kachalsky v. County of Westchester, which had also sustained New York's proper-cause requirement.

The Supreme Court's decision specifically addressed the unusual discretionary licensing regimes, known as "may-issue" regimes, employed by six states, including New York. The Court's ruling found that New York's may-issue regime was constitutionally problematic due to the unchanneled discretion afforded to licensing officials and the special-need requirement. This decision has broader implications for the other five states with similar may-issue regimes.

The New York State Rifle & Pistol Association v. Bruen case is a significant development in the ongoing debate surrounding gun control and the interpretation of the Second Amendment. The ruling expands the scope of the Second Amendment by recognising the right to carry a pistol in public for self-defence, subject to certain limitations.

New York's handgun licensing requirement

New York has strict requirements for obtaining a handgun license, and the process can be lengthy. Here are the key points to be aware of:

• License Type: New York differentiates between a "possess/carry during employment" license and a "concealed carry" license. The former is often referred to as a "premises license," allowing the holder to possess a firearm at a specified location such as their home or place of business. The latter, also known as a "concealed carry license," authorises the holder to carry a pistol or revolver on their person.
• Eligibility: To be eligible for a firearms license in New York, applicants must:
• Be a New York State resident.
• Be 21 years old or older (unless honorably discharged from the US military, in which case there is no age restriction).
• Have no prior felony or serious offense convictions.
• Be of good moral character.
• Have a legally recognised reason for wanting to possess or carry a firearm.
• Application Process: Applications must be made to the licensing authority in the applicant's county of residence or principal place of business. The application process includes:
• Providing personal information such as social security number, physical description, mental health history, and character references.
• Submitting a form of identification.
• Completing a firearm safety training course (for concealed carry licenses).
• Providing four character references.
• Disclosing information about the applicant's spouse or domestic partner and any other adults residing in the applicant's home.
• Undergoing an in-person interview with a licensing officer.
• Cost and Timing: The cost of a license varies by county, and the process can take a minimum of four months. In New York City, the fee for a concealed carry license is $340, plus $89.75 for fingerprinting.
• License Validity and Renewal: Licenses are generally valid throughout the state, except for New York City, where a special permit is required. Licenses must be renewed or recertified periodically, with different intervals depending on the type of license and the issuing county. For example, in New York City and Westchester, Nassau, and Suffolk counties, handgun licenses expire and need to be renewed every three years. In other areas of the state, licenses do not expire but must be recertified with the New York State Police every three years for a concealed carry license and every five years for other types of licenses.

New York's new legislation on gun safety

New York has some of the strictest gun laws in the United States. In the wake of the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, Governor Kathy Hochul signed new legislation to strengthen the state's gun laws and bolster restrictions on concealed carry weapons. Here is an overview of the new legislation on gun safety in New York:

New Concealed Carry Restrictions

In response to the Supreme Court's decision, which struck down the requirement for applicants to show "proper cause" to obtain a license to carry a concealed handgun outside their homes, New York has implemented new restrictions on concealed carry weapons. The new law adds requirements for New Yorkers applying for a concealed carry permit, including presenting a certificate of completion of a standardized firearm training and firing range training. Applicants must also undergo an in-person interview, provide four character references, and disclose their spouse or domestic partner, as well as any other adults residing in their home. Only applicants deemed to have “good moral character” and sufficient mental competence will be eligible for a concealed carry permit.

Sensitive Locations

The new legislation expands the list of "sensitive locations" where firearm possession is prohibited. These include colleges and universities, hospitals, houses of worship, public transportation, places where alcohol is consumed, homeless shelters, entertainment venues such as stadiums and theaters, polling places, and places where children gather, such as schools, daycare centers, playgrounds, libraries, parks, and zoos.

Safe Storage and Background Checks

The new law imposes safe storage requirements, such as prohibiting gun owners from leaving firearms in an unattended vehicle unless they are stored in a lockbox with ammunition removed. It also requires safe gun storage practices in homes where individuals under 18 reside. Additionally, New York will now conduct and exercise oversight over background checks for firearms, beyond those maintained by the FBI, to include state- and local-owned databases.

Body Armor and Assault Weapons

The new legislation expands the scope of bullet-resistant protective equipment prohibited in New York, such as the steel-plated vest worn by the shooter in the Buffalo shooting. It also imposes new restrictions on semi-automatic rifles, including raising the minimum age to purchase them to 21 and requiring a license for all new purchases.

Red Flag Law

Governor Hochul strengthened the Red Flag Law, also known as the extreme risk protection order (ERPO) law, by requiring State Police to file an ERPO when they have probable cause and by expanding the list of individuals who may file an ERPO. This law prevents individuals who show signs of being a threat to themselves or others from purchasing or possessing any kind of firearm.

Funding for Gun Violence Prevention

Governor Hochul's budget includes $227 million for initiatives to strengthen gun violence prevention efforts, including increased resources for law enforcement and community-based organizations, as well as a new domestic terrorism unit to track and respond to extremist violent threats.

Additional Measures

New York has also enacted a 30-day waiting period for firearm purchasers who do not pass the background check instantly and operates a gun buyback program. The state has strict regulations on the sale, possession, and use of firearms and ammunition, with separate licensing regulations for New York City. New York enforces various firearm-related prohibitions and bans certain weapons, such as assault weapons and large capacity ammunition feeding devices.

New York's concealed carry law

New York has some of the strictest gun laws in the country. In the past, the state required applicants for concealed carry gun licenses to show "proper cause". However, in June 2022, the Supreme Court struck down this 100-year-old handgun-licensing law, deciding that it violated the Second Amendment to the U.S. Constitution.

In response to the Supreme Court's ruling, New York State enacted new legislation that took effect on September 1, 2022. Under the new law, applicants for concealed carry licenses are required to meet revised eligibility requirements and complete a state-regulated firearms training course. The new requirements to obtain a concealed carry license in New York State are:

• Proof of completion of a firearms safety training course
• Four character references
• Disclosure of the applicant's spouse or domestic partner, and any other adults residing in the applicant's home
• An in-person interview with the licensing officer/designee

In addition, the new legislation restricts the carrying of concealed weapons in a specified list of "sensitive locations," including Times Square, bars and restaurants that serve alcohol, schools, government buildings, and public transportation. It also enhances safe storage requirements and background check coordination and amends the state's ban on purchasing body armor to include hard body armor.

It is important to note that New York City has its own set of gun laws, which may differ from the state's laws. For example, while New York State prohibits the possession of a "loaded" handgun outside of the home or place of business without a license, New York City prohibits the possession of any handgun, loaded or unloaded, without a carry license.

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