ALBANY, New York –
The New York legislature on Friday approved a sweeping overhaul of the state’s gun licensing rules, seeking to preserve some limits on firearms after the Supreme Court ruled that most people have the right to carry a firearm for personal protection.
The measure, which passed by wide margins in both Democratic-controlled chambers, is almost certain to draw more legal challenges from gun rights advocates, who say the state continues to place too many restrictions on who can get guns. and where they can carry them.
Gov. Kathy Hochul, a Democrat, called lawmakers back to Albany to work on the legislation after last week’s high court ruling that struck down the state’s longstanding licensing restrictions. She said that she intends to sign the bill, which would then go into effect on September 1.
Supporters said the legislation 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. But some Republican lawmakers, opposed to tighter restrictions, argued the move violated the constitutional right to bear arms. They predicted that it would also end up being nullified.
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.”
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 evaluation, applicants must submit a list of the social media accounts they have maintained in the last three years.
“Sometimes, they are telegraphing their intent to cause harm to others,” Democratic Gov. Kathy Hochul said at a news conference.
Gun rights advocates and Republican leaders were outraged, saying the legislation not only violated the Second Amendment, but also privacy and free speech rights.
“The constitutional liberties of New Yorkers were simply trampled on,” said the state’s Republican chairman, Nick Langworthy.
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, take 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, domestic partner, or any other adult living in your household.
Hochul’s lead attorney, Elizabeth Fine, insisted that the state was establishing “a very clear set of eligibility criteria” and noted that the legislation includes an appeals process.
The legislation 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.
The Supreme Court ruling last week struck down a 109-year-old state law that required people to demonstrate an unusual threat to their safety to qualify for 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.
Gun advocates said the bill infringes on rights upheld by the Supreme Court.
“Now we’re going to let the pizzeria owner decide whether or not I can express my constitutional right,” said Sen. Andrew Lanza, R-Staten Island. “This is a shame. See you in court.”
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Associated Press/Report for America writer Maysoon Khan contributed to this report. Maysoon Khan is a staff member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on hidden topics. Follow Maysoon Khan on Twitter.