New York just passed new gun legislation in the wake of the U.S. Supreme Court overturning the state’s concealed carry law.
FingerLakes1.com’s Megan Hatch spoke to two different lawyers to understand the new law and the challenges it might bring in the coming weeks.
New York’s new gun law faces increasing opposition (video)
Understanding the new gun law
NYS Senate Bill S51001 establishes a licensing mechanism with more requirements to obtain a pistol license in New York. This includes training live fire, more background checks, affidavits and having an ammunition database.
The law also covers areas within the state that are deemed to be sensitive and businesses have to affirmatively state if they allow a concealed firearm on their premises.
Greg Rinckey is the founding partner at Tully Rinckey PPLC. He explained that the law has ultimately limited the number of places you can conceal carry.
“If you look at the list of sensitive places, there are not very many places you can carry, especially with the default of unless the business owner states that you can bring a firearm onto their premises. That kind of really closed down where you can carry a firearm in New York,” said Rinckey.
“I think that there’s going to be litigation in regard to some of these sensitive locations where the new New York state legislation, states that you can’t bring a firearm. I think the other challenge is going to be this notion that private owners have to affirmatively post whether or not a firearm is allowed on their premises.”
Benefits and hurdles say lawyers
Christopher Adams is partner at Greenbaum Rowe Smith and Davis LLP and chair of their Criminal Defense and Regulatory Compliance practice group. He explained that the law might create some challenges in terms of sensitive places.
“Public sidewalks in certain circumstances are designated a sensitive place. So if someone has to walk home through what they believe to be either a high crime area or a dangerous location and a temporary designation of a sidewalk is identified as a sensitive place, but you have to walk there to get home. What seemed to me to offend the letter and spirit of the Supreme Court’s opinion and thus violate Second Amendment.”
“How a background check is going to identify somebody who has mental health disorders that hasn’t been hospitalized or been connected to a criminal offense in their past remains to be seen. I don’t know how law enforcement is going to be able to detect that,” said Adams.
The law includes proper training for anyone who’s getting a concealed carry permit.
“They have taken courses in safety, and that now will be managed by New York State Police and Investigations Division. State Attorney General can oversee that and manage that and they’re also going to know exactly who will have the right to have a concealed carry permit,” said Adams.