Gun Control Laws in New York State: Policies and Crime Rates

Introduction: New York State Gun Registration History

New York State law regarding gun registration before 1996 required individuals to apply for a handgun permit based on various factors, including residence or business permits, hunting and target shooting, unrestricted concealed carry, and employment-related concealed carry. As a result of these requirements, people holding any kind of carry permit for gun registration could carry that permit for life until 1997. For several years, there were no compelling reasons to change the laws regarding concealed carry, since few problems were linked to permit holders. However, the impetus to change these laws and adopt gun control regulations began in earnest during the 1990s following the murder of two police officers. This need was characterized by the emergence of various proposals for gun control laws in New York State. As these proposals became law, gun owners were required to re-apply for a five-year permit, which led the state to embrace mandatory gun confiscation (Mortellaro par. 11).

Gun Control Laws in America

One of the major issues attracting intense debate and controversy in America is the relationship between gun legislation and violence or increased crime rates. This controversial issue is complicated by various factors such as urbanization levels, unemployment, alcohol and drug use, demographics, poverty, the extent of gun ownership, and organized crime ("Gun Control in the United States," p. 4). The issue is also affected by social and educational policies as well as other criminal justice policies.

The impact of gun laws is usually felt slowly, or only after several years, because these pieces of legislation are always phased in gradually. Notably, gun control laws operate differently across jurisdictions in the United States due to variations in enforcement and implementation. The complications in the relationship between gun laws and gun violence may involve a mutual effect that is difficult to disentangle. This is primarily because stricter gun legislation can lessen violence, while high levels of gun violence simultaneously necessitate the tightening of gun laws.

Gun Laws in New York State

While New York State's Civil Rights Law includes a provision that the people's right to keep and bear arms cannot be violated, the state does not have an explicit constitutional provision regarding the right to carry arms (Garrett par. 1). Since New York is regarded as a may-issue state, authorities within the state are not legally obligated to provide concealed carry permits to all qualified applicants. Therefore, concealed carry permits are granted at the discretion of the issuing officer in each county. Although arbitrary denials of such permits can be reversed in court, the individual applying for the permit must demonstrate the reason for the wrongful denial.

In applying for a concealed carry permit, applicants must meet several requirements. These qualifications include a minimum age of 21 years, a clean criminal record, and good moral character. Applicants are also required to state the reason they need to carry a firearm, such as target shooting, hunting, or self-defense. In addition to conducting a background check, some counties require the applicant to successfully complete a handgun safety course (Garrett par. 3).

There are other notable differences in gun control laws across New York State, including variation in the cost of a concealed carry permit, which differs by county by approximately $10. Furthermore, the validity of permits varies: in New York City they are valid for three years, in most other counties for five years, and in certain areas of the rest of the state they are valid for life. While New York State's concealed carry permits are honored by other states in America, the state does not honor carry permits issued by other states.

Provisions of New York State Gun Legislation

Despite the absence of an explicit constitutional provision regarding the right to bear arms, there are specific provisions in New York State gun legislation. The first concerns purchase: there is no permit requirement for the purchase of a shotgun or rifle, except in New York City. However, a license to bear or own a pistol or revolver is required to purchase a handgun ("NYS Gun Laws," par. 3). Businesses that sell shotguns, handguns, or rifles are required to include a gun locking device and a label on safe storage with any such sale, delivery, or transfer.

With regard to possession, there is no state license requirement for the ownership of a rifle or shotgun, unless the rifle has a barrel exceeding 16 inches in length or the shotgun has a barrel exceeding 18 inches. It is illegal for any individual convicted of a felony or other serious crimes to possess a firearm. It is also unlawful for a person deemed unfit to own a firearm to possess a rifle or shotgun. However, a license is required to possess a handgun at one's home or business, obtained through an application to the licensing officer of the county or city where the individual resides or is employed.

Under New York State gun laws, a license to own a handgun also serves as a license to carry the handgun unless it is restricted ("NYS Gun Laws," par. 22). A license to possess or carry a pistol or revolver is effective throughout the entire state, as it is not restricted to a particular time or place of possession. An applicant for a license to carry outside the home must demonstrate actual cause for the carry license and the necessity of possession. Another important aspect of New York State gun law is that the state has few pro-gun provisions, aside from laws that protect gun ranges. Open carry of firearms is prohibited to such a degree that gun owners with carry permits are not allowed to carry loaded shotguns or rifles inside their vehicles (Garrett par. 8).

Conclusion

New York State is an example of states in America that are increasingly adopting more restrictive gun control laws. This state has pursued such policies through legislative initiatives and various specific state law cases. While New York has enacted stricter gun control laws, these measures have proven ineffective in reducing crime rates within the state.

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