Friday’s gun bans were passed by the New York State Legislature. They include banning firearms from public places like Times Square and tightening permit requirements. This comes a week after handgun owners in public are allowed to carry their guns in New York.
The state’s Senate & Assembly repealed the concealed-carry ban that the court found unconstitutional. However, they voted to adopt a new set gun laws. They hope this will help soften the blow of their first major ruling in a Second Amendment case for more than a decade.
In a 6-3 decision, the justices struck down a century old provision in New York that required gun owners to show that they have a special need for self-protection.
State lawmakers were forced to remove that requirement and enacted more restrictive restrictions in other areas. This included designating many public places gun-free zones and increasing permit requirements.
Now, the bill will be sent to Governor. Kathy Hochul, a Democrat said that she would sign the bill into law right away.
The bill goes into effect September 1. Guns will be prohibited from public transportation modes like subways and buses. It also bans guns from schools, shelters government buildings, poll sites and places of worship.
Times Square is another sensitive location where firearms are prohibited. This popular tourist spot in Manhattan is Times Square.
A “presumption”, which will be enforced throughout the state, that firearms are not permitted in private businesses is also in effect unless the property owner clearly states so with a sign.
The bill will require pistol permit applicants in the state to reveal their social media accounts for the past three years.
A licensing officer will interview them in person. They must also agree to have 16 hours of firearm training in-person and to keep firearms safe in vehicles, homes, and with children under 18.
The bill will establish statewide record databases to record ammunition sales and licenses. It also requires ammunition sellers and firearm dealers to keep a record of each ammunition transaction. The bill will also establish an appeals board.
Hochul spoke at a press conference on Friday to say that the new gun laws will help prevent future dystopian scenarios. This is because confrontations in crowded places like bars and subway cars can quickly escalate with concealed guns.
Imagine you’re in a crowd on a subway, and bump into someone accidentally. She said that tempers flare when you bump into someone with a concealed weapon.
“Imagine that you are in Times Square. Hochul stated that you are on your way to a show and are surrounded with people with concealed weapons. Hochul asked, “Does this make you feel safer? “I think that we all know the answers to these questions.”
Republican legislators from both legislative bodies, who are from counties upstate and Staten Island expressed their opposition to many measures. They said they had only 12 hours to review them. Twenty-two state senators voted in opposition to the bill.
State Senator Daniel Stec (R – Queensbury) lashed out at the rush and State Sen. Pamela Helming, (R -Canandaigua), said that the bill would punish law-abiding citizens but have little effect on illegal gun owners.
Helming stated that criminals will not follow the requirements of this bill, and they might instead “target or terrorize” areas where firearms are prohibited.
Helming stated that only those who adhere to rules will be affected by the bill.
Andrew Lanza, State Senator (Republican from Staten Island), stated that handguns are not allowed to be carried “just about anywhere” in New York City even if a permit is granted.
Lanza said that the proposed measures were “more unconstitutional than the Supreme Court’s restriction.” He said, “It gives tyrants greater options to say no.”
Gun-rights groups that are energized by the Supreme Court victory will likely challenge some or all of these new restrictions, according to Adam Skaggs (chief counsel and policy director at the Giffords Law Center To Prevent Gun Violence). Skaggs stated that they will likely fail because the provisions are based on solid constitutional grounds.
State Senator Zellnor Myrie (D,Brooklyn), said that legislators had “very carefully looked throughout the country to make sure we were conforming to what this opinion stated.”
New Yorkers aged 21 or older had to be legally recognized as having a legal reason to own or carry a firearm, be of good moral character, and not have any previous convictions for felonies or other serious offenses to be eligible for a firearms licence prior to the Supreme Court ruling.
Because it allowed too much discretion for the state and its licensing officials, only the requirement that you have to show a compelling reason to own a firearm was declared unconstitutional.
Gun-safety experts stated that applications were generally approved for those who are required to carry large sums of cash or have a restraining orders against someone with a firearm.
Justice Brett Kavanaugh concurred in Chief Justice John Roberts’ opinion that states can continue to require handgun licenses for self defense, provided they adhere to the less restrictive requirements of 43 other states.
Kavanaugh stated that these requirements could include fingerprinting and a background check.
Justice Clarence Thomas stated that the justices had “no occasion” to define sensitive areas in the majority opinion. He said that New York does not have the historical basis to make Manhattan all-inclusive because it is too crowded and policing.
This ruling comes amid increased concerns about public safety in New York. In April, a gunman shot 10 people in a subway car and in May, another gunman killed 10 at a Buffalo supermarket.
At a news conference last Wednesday, Adrienne Adams, New York City Council Speaker, stated that more than 3,000 guns had been found in the city this year. She also said that gun arrests have reached a 28-year high. She added that shooting incidents in the city have increased by more than twofold between 2019 and 2021.
Adams stated that “we cannot afford to have weapons and violence proliferating in an unbearable way.”
Steve Bellone, Suffolk County Executive, responded to the court’s decision and announced plans to strengthen “red flag” laws. These laws are designed to stop people who pose a threat to others or themselves from buying or possessing firearms.
Bellone stated that Suffolk County is the leader in red flag warnings. According to Bellone, the county’s police department has seized 160 guns since 2019, when New York gave school administrators, law enforcement officers, and family members the right to seek court intervention if they suspect that someone is at risk.
A judge can issue an “extreme-risk protection order” very quickly. This could be used to order the surrender of firearms and forbid them from trying to acquire or purchase any.
However, such laws may now be under scrutiny. Red flag laws, while being lauded as lifesaving measures, are also “modern inventions” that have no historical precedent in the eyes of our highest court, according to Adam Winkler, an UCLA School of Law professor who is a specialist in the Supreme Court, Second Amendment, and other legal issues.
Winkler stated that only gun regulations that conform to historical gun regulation are constitutionally permitted. “So, any gun law that isn’t very similar to one in the 1800s is illegal.”
The court’s decision in New York also casts doubt on the validity of similar concealed-carry restrictions in New Jersey, Maryland, Massachusetts, and California.
Although the Supreme Court’s decision only applies to New York, its reasoning applies to all other states. This means that concealed-carry applicants in California and Maryland today must still prove good cause to carry a gun in public. However, these days are very limited.
