A new bill introduced in New York State aims to ban people from carrying guns in many public places. Even though the United States Supreme Court sided with gun owners who sued the state about its concealed carry laws, this new legislation could make it harder for gun owners to carry their weapons.
The Supreme Court Struck Down New York State's Concealed Carry Law
Two men in New York took their case to the highest court in the United States after being denied concealed carry permits.
Robert Nash and Brandon Koch each applied for a concealed-carry firearm license for the purpose of self-defense. The licensing officer denied both applications, finding that neither individual met the proper cause standard required by New York law in order to issue a firearms license for general self-defense. New York courts have defined proper cause as requiring the applicant to “demonstrate a special need for self-protection distinguishable from that of the general community.
The Rensselaer County men had initially taken their case to lower courts but did not receive favorable rulings. The men claim that under New York State law, their Second Amendment rights were violated. Nash and Kock appealed to the Supreme Court on December 17, 2020. The Supreme Court ruled in their favor.
If Passed, The New Legislation Will Prevent People From Carrying Guns In Many Public Places
Assembly Bill A10654 is in its beginning stages, but the bill is designed to stop people from legally carrying weapons in certain public places, including large crowds, public transportation and restaurants,
Prohibits firearms in certain locations, including but not limited to all forms of public transportation, large gatherings, and food and drink establishments.
If the bill passes and becomes law, anyone carrying a gun in any of the aforementioned places would be charged with criminal possession of a firearm.
New York State Responds To Supreme Court Ruling With New Gun Laws
New York responded to the recent Supreme Court ruling on the state's concealed carry laws with new gun legislation. Governor Kathy Hochul signed the bills into law. The ten-bill package closes gun law loopholes.
Highlights Of New York State's New Gun Laws
Increasing the Age to Purchase Semiautomatic Rifles
Legislation S.9458/A.10503 requires individuals to obtain a license prior to purchasing a semiautomatic rifle. Under preexisting New York State law, individuals must be 21 years or older to acquire a gun license.
Improving the Strength of Red Flag Laws
Legislation S.9113-A/A.10502 expands who may file an Extreme Risk Protection Order (ERPO) petition to include health care practitioners who have examined an individual within the last six months.
Legislation S.4116-A/A.7926-A requires the Division of Criminal Justice Services to certify or decline to certify that microstamping-enabled pistols are technologically viable and if certified as viable, to establish programs and processes for the implementation of such technology; and establishes the crime of the unlawful sale of a non-microstamping-enabled firearm.
Closing Loopholes & Defining 'Firearms'
Legislation S.9456/A.10504 expands the definition of a "firearm" to include any weapon not defined in the Penal Law that is designed or may readily be converted to expel a projectile by action of an explosive. This is intended to capture firearms that have been modified to be shot from an arm brace, which are evading our current definitions of firearms and rifles.
Social Media Content Regulation
Legislation S.9465/A.10501 creates a new Task Force on Social Media and Violent Extremism. Housed in the Office of the Attorney General, the Task Force will study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online.
You can find out more about each of the bills here.