Mia
Do you own a gun? Perhaps you live in another state but you are about to visit New York. Are you wondering whether concealed carry in New York is legal? How do New York’s gun laws fit in with the second amendment?
Then this article should hopefully answer all of your questions and make sure that you are always within the law when you visit the most famous city in the U.S.
Here’s everything you need to know about concealed carry in New York.
Permits
All New Yorkers must obtain a New York state gun permit to carry a gun, and they need to have proof of purchase for every gun. They can only own guns if the license holder is registered within New York.
Local law enforcement agencies decide whether to issue a covert weapons license to an applicant.
What if an applicant wishes to carry a concealed firearm outside the home? The licensor, usually the county sheriff, must determine whether his or her need to carry a firearm is special or unique.
So what constitutes special considerations? And would you be covered by this?
Special Considerations
New York has laws to enable people to carry concealed firearms for self-defense. If a resident qualifies, they will then be able to obtain a license to carry a concealed firearm.
Current New York law requires applicants to give a specific reason for why they would need to carry a concealed gun for self-defense. For more info on this, check out these Concealed Carry Laws in more detail.
Many argue that New York’s current gun law violates the second amendment, which gives every American the right to bear arms. This is because it gives government officials too much leeway in choosing and approving who can obtain a permit.
The 2012 Ruling
During N.Y. State Rifle & Pistol Association v. Bruen, arguments were made about the right of the public to conceal guns without “good cause.”
In a 2012 ruling, the United States Court of Appeals for the second circuit upheld a New York law. This required gun owners who applied for a concealed gun possession permit to demonstrate a special need for protection. The solution in Kachalsky v. Westchester county, 701 f.3d 81, stated that New York’s laws do not violate the second amendment.
Views of the Attorney General
Attorney General Letitia James has repeatedly fought for the New York state’s right to protect New Yorkers from gun violence. She has previously filed multiple memos defending the state’s gun safety laws. This has made her a controversial figure in the eyes of many.
She sued the Trump administration for letting dangerous 3D-printed weapons documents become easier to access online. She took action against companies behind websites that sell New Yorkers’ unfinished weapon parts.
These can easily be assembled into illegal assault weapons, also known as ghost weapons. The state of New York under Attorney General James has participated in dozens of firearms buybacks to get thousands of guns off the streets.
A prime example of New York state’s penalties related to restrictive gun laws is a former player from the New York Giants. The wide receiver Plaxico Burress served two years in prison after pleading guilty to a charge of illegal possession of a firearm. He was in a New York nightclub without a valid New York gun permit and carried a concealed firearm.
Open Transportation
Open transportation is not covered by New York state law. However, possession of a loaded handgun outside the home or at work requires a New York handgun license.
The carriage of a handgun in New York City is restricted to persons who:
- Hold a valid firearms license
- Own a registered handgun
- Carry said handgun under the restrictions in the license
An applicant for a license to transport outside the home must demonstrate, in addition to the possession requirement, valid reasons for the issuing of a transport license. These include target shooting, hunting, or self-defense.
In certain situations, a court that issues a domestic violence protection order must revoke that person’s gun license as part of New York gun law. If they do not have a gun license, courts can prohibit that person from obtaining a license.
Alternatively, New York and states with similar laws could simply issue gun licenses to all applicants who meet a specific set of criteria for concealed carry. But these have yet to be determined, as is true in several other states.
Activists are seeking unrestricted ability to carry firearms anywhere in public places. However, the second amendment has limitations. These are mostly in line with giving states the power to make laws regulating the carrying of firearms in public places across the country.
Concealed Carry New York: Understand the Law
There are many reasons for states to regulate public transport of weapons, concealed or not. However, banning concealed carry unless there are special circumstances reduces the likelihood that any disagreements will lead to lethal violence.
Where states have passed more lenient concealed carry laws, there have been recent cases of weapons being used that have interfered with freedom of speech, freedom of assembly, and even the democratic process itself.
The law on concealed carry in New York is clear: you can’t do it unless you have a genuine need such as your life being in danger. Only a court can decide if you meet the requirements.
For more be sure to check out the other blog posts about the law on the rest of our site.
