New changes to gun laws in New York City are expanding the ability of nonresidents to carry firearms across the rest of the state, among other changes.
Last week, the New York City police department implemented an emergency rule that allows nonresidents to apply for concealed carry, citing compliance with a recent Supreme Court decision.
Supreme Court Decision
A Supreme Court decision known as New York State Rifle & Pistol Association v. Bruen in 2022 declared a New York gun law restricting the ability to carry a pistol in public for self-defense as unconstitutional and a violation of the Second Amendment.
The law in New York was a century old and required those applying for a concealed carry license in the state to prove “proper cause” to be allowed to get the license.
Notice Adoption
The adoption of the emergency rule by the New York City police department has come about as they had no formal procedures for applicants who do not live in New York or who are employed in New York City.
“Delaying implementation of these additional rules would severely impede New York City’s ability to effectively and legally regulate handgun ownership within its jurisdiction,” the adoption notice read.
Citing Bruen
The notice of adoption cited the recent Supreme Court decision and that changes to gun laws are necessary to “ensure that the City is able to properly regulate handgun ownership within NYC while also complying with the Bruen decision.”
“The emergency rule sets forth standards to submit and evaluate applications for carry license made by [nonresidents],” the notice said.
Immediate Implementation
The NYPD insisted in their adoption notice that to be transparent, New York City must immediately implement the new rules.
“In order to maintain a clear and publicly accessible policy, New York City must immediately implement an operative concealed carry licensing process for non-resident applicants,” said the NYPD notice.
New Changes
In addition to opening the door to concealed carry for nonresidents of New York with no formal ties, the rule also increased the number of handguns one can own on specific licenses.
In addition, a change was made to the permit application, removing a requirement for gun owners to submit social media accounts for government inspection.
Conditions For Nonresidents
NYPD has updated the conditions for nonresidents to acquire concealed carry permits.
Nonresidents can now apply for a permit even if they have no connections to the city. Applicants may not have been convicted of assault in the third degree, menacing or misdemeanor DWI within five years of application. Nonresidents also need to complete 18 hours of training to receive the permit.
Opposition to Gun Restrictions
While the Supreme Court ruling was over two years ago, recent action to change the laws comes after a lawsuit was filed by the Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) that accused New York’s laws of violating nonresidents’ Second Amendment Rights.
“Those who hold out-of-state driver’s licenses may drive in New York, but the exercising of one’s constitutional right to bear arms in New York State is wholly inaccessible to the 94% of Americans who are not New York State residents,” said a GOA press release from February. “New York is one of a very few states where nonresidents are not allowed to exercise their Second Amendment rights to keep and bear arms.”
Mentioning the Lawsuit
On August 9, the Gun Owners Foundation celebrated some of the new changes to New York City gun laws, which they mentioned in relation to their ongoing lawsuit.
“HUGE GUN NEWS! New York City Police Department just enacted an emergency rule to allow non-residents to apply for NEW YORK CITY concealed carry permits! GOF recently filed a lawsuit against upstate New York seeking non-resident permits,” wrote GOF on X.
Major Win
The GOA described the move by New York City as a major win for Second Amendment advocates, also celebrating the removal of a social media submission requirement.
“MAJOR WIN: The Second Amendment says ‘shall not be infringed’ not ‘please submit all social media accounts when asking permission to bear arms,’” said GOA in an August 9 X post.
Immediate Reaction
According to PBS News, the response to the change from New York politicians was immediate.
New York’s state governor, Kathy Hochul, said: “Today, the Supreme Court is sending us backward in our efforts to protect families, to prevent gun violence. This could place millions of New Yorkers in harm’s way.”
Transporting Arms
This change in New York’s gun regulations might exacerbate existing problems with the flow of illegal weapons into New York City.
Brooklyn district attorney, Eric Gonzalez, said: “70% of the guns recovered in Brooklyn after crime basically come from three or four Southern states. I really hope that the Supreme Court understands that states have to be able to regulate this in their own jurisdictions. If we continue to just say ‘yes, anyone can carry’, we’re going to see an uptick.”
Great News for Americans
GOA senior vice president Erich Pratt gave a statement to Newsweek on August 9, emphasizing the importance of self-defense rights in America.
“[It’s] great news for the untold millions of Americans who either work or visit New York every year,” Pratt said. “It’s critical that everyone can exercise their inherent right to self-defense, but until now, anti-gunners in New York denied most Americans that basic right.”
Heavy Safeguards
While some welcome the more lax gun regulations for nonresidents in New York, even gun dealers are anxious about opening the floodgates.
“I just feel also that there’s a correlation between stupid people and guns. Safety, safety, safety, you can’t sink it in enough with these people. You can’t,” said gun dealer John DeLoca. He said he was in favor of the heavy safeguards that come with the issuance of a concealed carry permit.
Continuing to Monitor
While Pratt was celebratory in his comments about the changes, he insisted that the organization would still remain vigilant to ensure that the permits are being issued in a “timely and non-onerous manner.”
He also warned NYPD that if permits were not handed out to his satisfaction he would “gladly” file another lawsuit with the NYPD and Mayor Eric Adams as defendants.
Politicians Are Fighting the Changes
New York’s Attorney Letitia James is fighting the Supreme Court to keep the former gun regulations intact.
James argued that it was essential for the Supreme Court to uphold federal laws that prevent individuals from transporting or receiving out-of-state firearms from anyone other than a federally licensed dealer. James is railing against the Supreme Court with the support of 22 other attorneys general across the country.
Illegal Arms Trafficking
In a multistate brief, James said the majority of guns recovered by law enforcement came from outside the state.
These guns are illegally trafficked across state lines. James said that while regulations may vary across states, the attorneys general “all share the firm conviction that the Constitution allows States to act to prevent gun violence in a manner that is adapted to the individual States’ needs.”
A Nationwide Fight
James is fighting against the Supreme Court’s decision with the support of 22 other attorneys general to reserve States’ rights to regulate guns in their own way.
The attorneys general in the brief were from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.
In Response to a Trial
James filed the brief in response to United States v. Steven Perez.
Perez was convicted for illegally purchasing weapons from a dealer in South Carolina, who transported the guns to him in New York City. Perez is appealing his conviction from the U.S. District Court for the Southern District of New York. Perez argues that this conviction violates his Second Amendment rights.
The Coalition’s Argument
The coalition of attorneys general argues against Perez. They say that federal gun laws that ban the sale and transportation of guns from outside the state from federally unlicensed dealers do not infringe on Perez’s rights.
They argue the laws do “not implicate the Second Amendment because they do not prevent a law-abiding citizen from purchasing, owning, or carrying a firearm.” The coalition says it supports state licensing regimes through lawful transactions rather than purchases from the black market.
Still Infringing on Rights
Foundation for a Safer NY, an organization that also has a lawsuit pending, responded to the emergency rule change by declaring that it still doesn’t do enough to address the infringement on constitutional rights.
“We believe that this still infringes upon our rights, and that we should not be required to request permission to obtain new firearms,” said an organization statement. “Even less so beg them to allow us to add them to our permits. This changes nothing in regards to our lawsuit and we will still seek a judicial declaration that their actions are unconstitutional.”
Gunowners Promise to Push More
Some gun organizations intend to push for more changes in New York City’s gun regulations.
Sam Paredes, a spokesman for the board of the GOF, said: “This is the only example nationwide where an out-of-state resident is completely barred from exercising their right to keep and bear arms, and there’s no doubt the anti-gun legislature in Albany purposely designed it this way. We’ve warned these politicians before, and we’ll do it again. Fall in line with the Second Amendment, or we will make you.”
New York Gun Owners Are Concerned
Even New Yorkers who carry a concealed carry permit are worried about the effect of the new emergency law.
Michael Schiavone, a New York resident with a permit, said: “Stupider just gets stupider. There’s tons of guns on the street. We are faced with people having illegal firearms, and they are all over the place. So that puts the citizens in a very bad situation. Especially in the subway system, in those areas where someone might want to take a firearm, we now cannot do that.”
An Unfinished Debate
Many are concerned that the new law will attract even more out-of-state guns into a dense city.
However, the coalition of attorneys general headed by Letitia James has only just started its protest against the Supreme Court’s decision. The state of gun ownership in New York is about to become a new legal battleground.
