Gun rights advocates in New York didn’t have much time to savor the Supreme Court decision that struck down the state’s “proper cause” requirement for obtaining a concealed carry permit. On July 1, Gov. Kathy Hochul (D) signed a bill that overhauls existing laws to comply with the Supreme Court ruling. But this latest New York gun law smacks of revenge as if Hochul and her party colleagues are saying, not just to the Supreme Court but to the residents of her state, how dare you presume to claim you have rights? The end result is that, while New Yorkers will no longer be required to demonstrate a personal need to carry a concealed weapon, they will be forced to submit to a very stringent application process. As if that wasn’t bad enough, once residents of the state finally obtain their permits, they will be able to legally carry a gun almost nowhere.
It is almost as if the lawmakers came up with this legislation out of sheer spite. Sure, they must have thought to themselves, we’ll let you have your concealed carry permit – after putting you through bureaucratic hell – and then we’ll make it virtually impossible for you to carry a gun anywhere in public without being in violation of the law.
Contempt of Court
Even the described purpose of the new gun bill takes a not-at-all-veiled swipe at the Supreme Court’s decision in New York State Rifle & Pistol Assn., INC. v. Bruen:
“As a result of this decision, the State must amend the State's laws on concealed carry permits and take other steps to address the consequences of the Supreme Court decision and the resulting increase in licenses and in the number of individuals who will likely purchase and carry weapons in New York State.”
Under the new rules, a person could face a charge of “criminal possession of a firearm” if they carry a handgun, rifle, or shotgun in any one of 20 listed “sensitive locations.” And here’s the kicker: This list of locations covers almost every conceivable public space.
Truthfully, it would have been much simpler for the legislators who concocted the New York gun law to list the places in which carrying a firearm will be legal under the new rules – which is just about nowhere at all. In fact, to make sure they weren’t unwittingly creating some kind of “loophole” that would allow civilians to carry guns somewhere, the politicians added in this doozy:
“A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent.”
Gov. Hochul (Photo by Michael M. Santiago/Getty Images)
No Carry Permits for Conservatives?
So, along with the “sensitive locations,” that covers pretty much every square inch of the state except when some private business owner or landowner posts big signs saying, “firearms permitted.” Of course, most would-be permit holders will never have to worry about these restrictions because, since their social media accounts will be closely scrutinized before their applications are approved, they will never get a permit. Yes, that’s right, “in-person interviews, reviews of social media and other information necessary to evaluate the application” will be conducted. No description is provided in the bill of what social media activity could be deemed disqualifying but it does not take a great deal of imagination to guess. Chances of even one Trump supporter in New York obtaining a concealed carry permit? Slim to none.
Democrats running New York have no intention of allowing residents of the state to exercise this constitutional right. The bill contains all manner of additional onerous restrictions and requirements. Are the new rules challengeable in court? Some are, perhaps, and that will be for legal minds to decide. No doubt, many of them are already working to answer the question. However, the question we should perhaps, as a nation, settle once and for all is this: while states’ rights are vital to our constitutional federal republic, are some states clearly abusing those rights to unconstitutionally restrict certain individual freedoms protected by the country’s founding documents?
