New York State Governor Kathy Hochul implemented more restrictive laws for legally licensed gun owners, which began on September 1, 2022. These tighter restrictions come after the U.S. Supreme Court struck down the previous laws as being unconstitutional.
State officials are now explaining the new, in-depth gun laws for legal firearms owners with pistol permits, as well as those wishing to obtain a semi-automatic rifle license.
The new laws have not changed the licensing requirements to own a pistol or revolver. All owners of these firearms must still properly obtain a pistol permit.
There are two common types of licenses for pistols and revolvers in New York State. A “have and possess” permit is commonly referred to as a “premises license” and authorizes the license holder to possess a firearm at a certain location such as their home or place of business. A “have and carry concealed” license, commonly called a “concealed carry license,” authorizes the license holder to carry a pistol or revolver on their person.
The new laws change the requirements to obtain a concealed carry license. The latest requirements are proof of completion of a firearms safety course; Providing four character references; Providing former and current social media accounts for the last three years; Disclosure of an applicant’s spouse or domestic partner, any other adults living in their home, and any adult children living in the home; and an in-person interview of the applicant.
Applicants are not required to show a need for self-defense. Retired law enforcement officers will need to apply for a concealed carry license.
Under the new law, license holders must recertify with the New York State Police every three years for a concealed carry license and every five years for other types of licenses. The old laws required concealed carriers to recertify every five years.
Those who already have an existing concealed carry license with an expiration date are not required to take the firearms safety training course, but they will in fact need to take the course upon renewing their licenses.
Those with an existing concealed carry license who are recertifying with the New York State Police are not required to take the firearm safety training course.
Premises license holders who will only possess their firearms in their residence and do not wish to carry their weapons concealed are not required to take the firearm safety course.
Retired law enforcement and former military personnel are not exempt from the firearm safety training course requirements for those applying for a concealed carry license. If those members completed a firearm safety course or official training within the previous five years, the local licensing officer will have the discretion to determine if the training requirement is satisfied.
Individuals who have a premises license are not allowed to carry a concealed pistol or revolver outside their home.
For those wishing to possess a semi-automatic rifle, a whole different set of laws apply.
Beginning September 4, 2022, a semi-automatic rifle license is required to purchase or take possession of a semi-automatic rifle. Current owners may apply for a license through their local county. Existing license holders can add a semi-automatic rifle to their license.
Any person who lawfully possesses a semi-automatic rifle that was purchased prior to September 4, 2022 will not be required to obtain the semi-automatic rifle license. The license is only required for those acquiring these firearms on or after September 4, 2022.
The age requirement has changed to acquire and/or possess a semi-automatic rifle. Beginning on September 4, 2022, the minimum age will become 21 years old. Those who are under the age of 21 and already lawfully acquired a semi-automatic rifle prior to this date will be grandfathered in and allowed to possess that rifle.
Under new laws that began on September 1, 2022, restrictions are in place prohibiting the possession of a firearm, rifle, or shotgun in sensitive locations. This includes:
- Any location owned or under control of federal, state, or local government for the purpose of government administration, including courts;
- Any location providing health, behavioral health, or chemical dependence care or services;
- Places of worship or religious observation;
- Libraries, public playgrounds, public parks, and zoos;
- NYS Office of Children and Family Services licensed or funded facilities (including child-care facilities);
- Nursery schools, pre-schools, summer camps;
- NYS Office for People with Developmental Disabilities licensed or funded facilities;
- NYS Office of Addiction Services and Supports licensed or funded facilities;
- NYS Office of Mental Health licensed or funded facilities;
- NYS Office of Temporary Disability Assistance licensed or funded facilities;
- Homeless shelters, family shelters, domestic violence shelters;
- NYS Department of Health licensed or funded residential facilities;
- Colleges, universities, private schools, public schools, and other educational institutions;
- Public transportation and transit facilities;
- Bars and restaurants serving alcohol, and on-premises cannabis consumption locations;
- Theaters, stadiums, race tracks, museums, amusement parks, performance venues, concert halls, exhibit halls, conference centers, banquet halls, gaming facilities, and video lottery terminal facilities;
- Polling places;
- Public sidewalks and other public areas that are restricted from general access for a limited time or special event;
- Gatherings of people to collectively express their constitutional rights to assemble or protest; and
- Times Square (with boundaries determined by New York City).
There are exceptions to the rules for carrying weapons in sensitive locations. Current and retired police officers and peace officers, armed security guards registered with the NYS Department of State, active-duty military personnel, persons licensed while in the course of official duties, persons lawfully engaged in hunting, persons operating a program in their home that would be considered a sensitive location, and government employees with agency consent for the purpose of natural resource protection.
Those transporting guns in vehicles also have new laws to follow. Effective September 1, 2022, anyone leaving a gun unattended in a vehicle must unload the weapon and lock it in a fire, impact, and tamper resistant storage depository that is hidden from view. Glove compartments are not appropriate. Local municipalities may pose further restrictions.
Storage laws have also changed inside the homes of license holders. If anyone else in the residence is not a license holder or is under the age of 18, the weapons must be secured with a gun locking device or locked in a safe or secure container.
Critics and some members of the law enforcement community are calling the sensitive location rules unconstitutional and a violation of civil rights.
Hochul boasted, “I refuse to surrender my right as Governor to protect New Yorkers from gun violence or any other form of harm.”
