Relates to licenses to carry, possess, repair and dispose of firearms

§ 2- Effective date.

Justification

New York was once one of only a handful of states that issued permits to carry a concealed handgun. However, in recent years, the vast majority of states have adopted "shall issue" laws, automatically granting a license to carry a concealed handgun to any citizen who applies for one, unless good cause exists for denying a particular individual such license. New York is now one of only eight states that issues handgun permits, but requires law-abiding citizens to prove a need to carry a handgun, thus allowing licensing officers to deny or restrict licenses to law abiding New Yorkers.

Currently, a person applying for a handgun license in New York must pick up an application in person, complete the application in duplicate, find at least three references to give statements as to the applicant's good character, obtain a copy of their driver's abstract, pay a $99 fingerprinting fee, undergo both State DCJS and Federal Bureau of Investigations fingerprint background checks, meet with a police officer, submit to a character investigation, and allow a search of the New York State Office of Mental Health records. In many counties, an applicant is also required to pay for and attend a handgun safety class, and meet with a judge, prior to the issuance of a license. If an individual wishes to purchase a handgun, they must receive permission to do so from their licensing officer, for each handgun they purchase.

Although not provided for by any provision of law, many licensing officers throughout the State limit a concealed handgun licensee to carrying their handgun to and from target ranges, or while hunting. Requiring licensing officers to issue a handgun permit to any citizen for whom no good cause exists to deny such a license will also prevent licensing officers from placing arbitrary restrictions on individuals' licenses to carry handguns.

The simple fact is that New York's strict law applies only to law abiding people. Criminals who are willing to commit serious violent crimes, such as murder, robbery, or drug dealing, are not dissuaded from illegally purchasing a handgun in order to do so. Law abiding people who are willing to submit to a criminal and character background check are not likely to commit a crime, and there is no rational basis for denying them the Constitutional right to own and carry a handgun.

In addition, in 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent an Open Letter to all New York State Federal Firearms Licensees (FFLs) advising them that New York State licenses to carry and possess handguns would qualify as an alternative to the National Instant Criminal Background Check System (NICS) background check required under the Brady Law. In 2004, the ATF began reviewing the background check requirements of all States that had permits that qualified as alternatives to NICS and has since deemed that New York licenses to carry and possess handguns no longer qualify as a NICS check alternative.

This legislation will require that along with all other requirements stipulated under law, including other state and federal background checks, that a NICS background check also be performed on an individual wishing to obtain a handgun license.

Prior legislative history

2007-2008: A.6378. Similar to the intent of A.3195/S.282 of 2005-2006

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.