The New York legislature on Friday approved a sweeping overhaul of the state’s firearms licensing rules, seeking to preserve some limits on firearms after the US Supreme Court ruled that most people have right to carry a firearm for personal protection.
The bill, which Gov. Kathy Hochul said she intended to sign, is almost certain to lead to more legal challenges from gun rights advocates who say the state still places too many restrictions on who can get a gun. weapon and where you can take it.
Supporters said the new law strikes the right balance between complying with the Supreme Court ruling and keeping guns out of the hands of people who are likely to use them recklessly or with criminal intent.
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Among other things, the state’s new rules will require people applying for a firearms license to submit a list of their social media accounts so officials can verify their “character and conduct.”
Under the law, applicants would have to show that they have “the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger themselves or others.”
As part of that good character screening, applicants must submit a list of social media accounts they have had in the last three years “to confirm information about the applicant’s character and conduct.”
“Sometimes, they are telegraphing their intent to cause harm to others,” Gov. Kathy Hochul, a Democrat, said at a news conference.
Gun rights advocates and Republican leaders were outraged, saying the measure intrudes on constitutional rights.
“What is being proposed in New York is a violation of Second Amendment rights, but they are also asking you to give up your privacy rights for social media accounts, give up your First Amendment rights,” said Mark Liva. , member of the National Shooting Sports Foundation. managing director of public affairs. The state’s Republican chairman, Nick Langworthy, said “New Yorkers’ constitutional freedoms were simply trampled on.”
The bill did not specify whether applicants would be required to provide licensing officers with access to private social media accounts that are not visible to the general public.
People applying for a license to carry a firearm would also have to provide four character references, complete 16 hours of firearm safety training plus two hours of practice at a shooting range, undergo regular background checks and Provide contact information for your spouse or domestic partner. or any other adult living in your household.
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Aaron Dorr, executive director of the New York State Firearms Association, called the move “the kind of bill the Gestapo would be proud of” or “that you would see in communist China.”
“This will never survive a court challenge,” he said.
Hochul’s lead attorney, Elizabeth Fine, insisted the state was establishing “a very clear set of eligibility criteria” and noted that the legislation includes an appeal process for applicants who may feel a reviewer acted inappropriately.
The state Senate approved the measure Friday during a special legislative session called to address the state’s gun laws. The Assembly was expected to consider the measure later that day.
The Supreme Court ruling struck down a previous rule that required people to demonstrate an unusual threat to their safety to obtain a license to carry a firearm outside their homes. That restriction generally limited licenses to people who had worked in law enforcement or had another special need that went beyond routine public safety concerns.
Under the new system, the state would not authorize permits for people with criminal convictions in the last five years for driving while intoxicated, threats or assault in the third degree.
People also would not be allowed to carry firearms in a long list of “sensitive places,” including New York City’s tourist-packed Times Square.
That list also includes schools, universities, government buildings, places where people have gathered for public protests, health care facilities, places of worship, libraries, parks and public parks, day care centers, summer camps, addiction and mental health centers. , shelters, public transportation, bars, theaters, stadiums, museums, polling stations and casinos.
New York would also prohibit people from bringing guns into any business or workplace unless owners post signs saying guns are welcome. People who bring weapons to places without such signs could be prosecuted for serious crimes.
That’s a reverse approach to many other states where businesses that want to keep guns out are generally required to post signs stating that guns are not allowed.
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Gun advocates said the bill infringes on rights upheld by the Supreme Court.
“Now we’re going to let the owner of the pizzeria decide whether or not I can exercise my constitutional right,” said Sen. Andrew Lanza, R-Staten Island. “This is a shame. See you in court. You all know this is unconstitutional. You all know that this is just a ruse. Another attempt to tell the people of New York State: ‘We don’t trust you.’
The bill would also fix a recently passed law that prohibited the sale of some types of bulletproof vests to the general public, but inadvertently left out many types of bulletproof vests, including the type worn by a gunman who killed 10 Black people. in a racist attack. Attack on a Buffalo supermarket.
If passed, the bill would go to Hochul’s desk for his expected signature and then go into effect on September 1.
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