ALBANY, N.Y. — One week after the Supreme Court struck down a law restricting the distribution of concealed handguns in New York, state Democratic leaders on Friday are expected to respond with new measures that would ban people from carrying firearms in many public places. considered ‘sensitive’ places.”
The ban would apply to places like colleges, hospitals, subways, parks, stadiums and even Times Square — a last-minute addition in late-night negotiations. It would also extend to any private property, such as a bar, restaurant or home, unless the property owner specifically allows guns, which they can do by posting a sign on their premises.
The expected legislation was seen as a strong response to the Supreme Court’s decision last week and could be an early test of how far a state can go to limit the spread of guns without violating the Supreme Court’s ruling.
In a 6-3 vote, the Supreme Court ruled that Americans have a broad right to carry guns outside their homes, declaring a century-old New York law unconstitutional because of the way it limits who can get permits to carry.
Fearing the decision would lead to a dangerous proliferation of guns amid a continued rise in gun violence that began during the pandemic, Gov. Kathy Hochul ordered the Democratic-led Legislature into special session in Albany on Thursday to to tighten state gun laws.
In typical Albany style, however, the session carried over to Friday, with the text of the bill agreed upon in closed-door discussions being released by Democrats shortly before it came up for a vote, much to the chagrin of minority Republicans.
Lawmakers also advanced a broad equality measure that would enshrine abortion rights in the state constitution, following the Supreme Court’s decision that overturned Roe v. Wade.
The measure, which would require an amendment to the state constitution, would put New York at the forefront of legal efforts to codify abortion rights, ensuring that it cannot simply be overturned by a future legislature.
However, amending the state constitution is a years-long process in New York, requiring passage by two separately elected legislatures and then voter approval in a referendum.
Lawmakers, however, decided to vote on gun legislation first.
The gun bill adds new requirements for New Yorkers to obtain a concealed carry permit, including 16 hours of gun handling training, two hours of shooting range training, an in-person interview and written exam, and a review of social media accounts.
Legislative leaders and the governor appear to have reached an agreement on a list of places where guns would be banned: health care facilities; houses of worship; colleges and universities; places where children gather, such as schools, day care centers, playgrounds, parks and zoos; public transport; places where alcohol or cannabis is consumed; and theaters, concerts, casinos, and other places of entertainment.
Lawmakers also moved to ban guns at protests or places where people have gathered to express their right to free speech.
Carrying a weapon in a restricted area would be a felony punishable by up to four years in prison. But the legislation would not apply to duly licensed job security guards, ex-military or retired law enforcement officers.
“I want to make sure we’ve done everything we can to protect the citizens of this state,” Ms. Hochul said at a news conference Wednesday, a day after she won the Democratic primary for governor.
Ms. Hochul said the extensive list of places where guns would be banned was designed to reassure New Yorkers “that when they go there to gather, to work, places of worship, polling places and larger gathering places, they don’t have to worry about someone being right next to them with a gun.
The legislation is expected to pass the state Senate and Assembly, where Democrats have a supermajority, amid token but vocal opposition from Republicans.
Rep. Lee Zeldin of Long Island, the Republican gubernatorial candidate who has made public safety a cornerstone of his campaign, immediately spoke out against creating gun-free zones, saying it would make the state “less safe.”
“If you’re going to identify a location and tell the criminal that there will be no law-abiding New Yorkers in that location who will safely and securely carry a firearm for their own protection, you’re putting the safety of other people in that location at risk ” Mr. Zeldin said at a news conference in Buffalo on Thursday.
Adam Winkler, a UCLA law professor who specializes in gun policy and constitutional law, said New York has taken an aggressive approach in identifying sensitive sites, as expected, but that the training requirements are not as heavy as expected by some.
As for whether the new law would pass muster at the Supreme Court, Professor Winkler said it was hard to know given how little guidance the Court had given.
“The only certainty is there will be a lawsuit,” he said.”No matter what New York does, gun advocates are going to sue.”
The Supreme Court ruling, written by Justice Clarence Thomas, upheld the rights of Americans to carry guns in public and rejected the process used by six states, including New York, California and Massachusetts, to approve concealed carry permits.
Under New York’s old statute, people applying for concealed firearm permits had to show that they had “good cause” to obtain a permit, in addition to meeting a number of other criteria: being at least 21 years old, not having committed a crime or serious criminal convictions and of “good moral character”.
If the applicant meets these criteria, officers may issue a license if they determine that the applicant has an increased need for self-defense. The court objected to the state’s use of discretion in those cases, but said its ruling did not affect 43 other states that issue carry permits as long as applicants meet a certain set of criteria.
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The Supreme Court’s ruling was clear, saying officials can designate certain “sensitive locations” as off limits to people carrying concealed weapons as long as those locations are similar in nature to other areas with longstanding gun bans, such as schools, government buildings or polling stations. But he provided little additional guidance on what locations might be considered sensitive, although Justice Thomas noted that declaring the entire island of Manhattan off-limits would be inappropriate.
The legislation would also expand so-called state safe storage laws passed in 2019 that require guns to be stored safely in a home if a person under 16 lives there. Legislation under consideration would raise the age to 18. And it would prohibit gun owners from leaving their guns in a car unless it’s locked.
State Sen. Luis Sepulveda, a Bronx Democrat, said lawmakers intended to follow the Supreme Court’s meager guidance by introducing non-discretionary provisions, such as mandatory education, to “survive constitutional muster.”
The governor acknowledged Wednesday that the legislation would still prevent guns from being carried in most public places.
Asked by reporters what areas would be left for permit holders to legally carry firearms, Ms. Hochul said: “Probably some streets.”
“We know we have to make sure it’s constitutional. We don’t want to go back on the court,” Ms. Hochul said, adding that “I’m going to go right to the line, I’m not going to cross it.”
Despite broad consensus between the two chambers on the intent of the legislation, several related proposals fell through during the lengthy negotiations, which lawmakers endured ordering pizza to the Capitol late into the night while some scrambled to change clothes.
Among them was a proposal that would disqualify an applicant for a permit for alcohol abuse and require recovering alcoholics to submit an affidavit from a licensed counselor stating that they have not drunk alcohol for at least three years. Similarly, lawmakers have debated whether to legally prohibit people from carrying guns outside their home if they are under the influence of alcohol or drugs.
But this also did not make it into the final version of the bill.
Nicholas Fandos and Jonah E. Bromwich contributed reporting.
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