New York lawmakers on Friday approved a sweeping overhaul of firearms licensing rules in the state, seeking to preserve some limits on firearms after the Supreme Court ruled that most people are entitled to carry a firearm in public for personal protection.
The measure, signed by Gov. Kathy Hochul after passing both houses by wide margins, is almost certain to draw more legal challenges from gun rights advocates who say the state is still placing too many restrictions on who can get weapons and where they can take them.
Hochul, a Democrat, called on the Democratic-controlled Legislature to return to Albany to work on the law after last week’s Superior Court ruling that struck down the state’s licensing restrictions.
Supporters of the law, which goes into effect Sept. 1, say it strikes a proper balance between complying with the Supreme Court ruling and keeping guns out of the hands of people who are likely to use them wrongly. recklessly or with criminal intent.
But some Republican lawmakers, opposed to the stricter restrictions, argued that the law violated the constitutional right to bear arms. They predicted that it would also end up being annulled.
Among other things, the new state rules will require people applying for a gun license to submit a list of their social media accounts so officials can verify their “character and conduct.”
Applicants will have to show that they have “the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.”
As part of that evaluation, applicants are required to submit a list of social media accounts they have maintained in the past three years.
“Sometimes, they are telegraphing their intent to cause harm to others,” Gov. Kathy Hochul, a Democrat, said at a news conference.
Gun rights advocates and Republican leaders were outraged, saying the legislation not only violates the Second Amendment, but also privacy and free speech rights.
“New Yorkers’ constitutional freedoms have just been trampled on,” said state Republican Party Chairman Nick Langworthy.
The bill passed by lawmakers does not specify whether applicants will be required to provide licensing officials with access to private social media accounts not visible to the general public.
Applicants for a license to carry a firearm will also have to provide four character references, complete 16 hours of firearms safety training plus two hours of practice at a shooting range, undergo regular background checks and Provide contact information for your spouse, domestic partner, or any other adult living in your household.
Hochul’s lead attorney, Elizabeth Fine, insisted that the state was establishing “a very clear set of eligibility criteria” and noted that the legislation includes an appeals process.
The measure enacted on Friday also corrects a recently passed law that prohibited the sale of some types of bulletproof vests to the general public. The previous law inadvertently excluded many types of bulletproof vests, including the type worn by the gunman who killed 10 black people in a racist attack at a Buffalo supermarket.
Last week’s Supreme Court ruling struck down a 109-year-old state law that required people to demonstrate an unusual threat to their safety in order to obtain a license to carry a firearm outside their homes. That restriction generally limited licenses to people who had worked in law enforcement or had another special need that went beyond routine public safety concerns.
With the new system, the State will not authorize permits to people with criminal convictions in the last five years for driving while intoxicated, for threats or for assault in the third degree.
They will also not be allowed to carry firearms in a long list of “sensitive places”, among which is Times Square, the tourist area of New York City.
That list also includes schools, universities, government buildings, places where people have gathered for public protests, health centers, places of worship, libraries, public playgrounds and parks, day care centers, summer camps, addiction centers and mental health services, shelters, public transportation, bars, theaters, stadiums, museums, polling places, and casinos.
New York will also prohibit people from bringing guns into any business or workplace unless owners post signs saying guns are welcome. People who bring firearms into places without those signs could be prosecuted for serious crimes.
This is the reverse approach to many other states where businesses that want to keep guns out are often required to post signs saying they are not allowed.
Gun advocates said the law infringes on rights upheld by the Supreme Court.
“Now we’re going to let the pizzeria owner decide whether or not I can express my constitutional right,” said Sen. Andrew Lanza, R-Staten Island. “This is a shame. See you in court.”
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