Gun Control

Here’s how New York’s concealed carry law is ‘vulnerable’ to litigation

The U.S. Supreme Court’s historic ruling sought to eliminate subjectivity from the licensing standards, but the state’s counter rules introduce new requirements that could be open to interpretation by licensing agencies.

A gun owner at a pistol range in Queens, NY.

A gun owner at a pistol range in Queens, NY. ED JONES/AFP via Getty Images

The first of many inevitable legal challenges to New York’s new concealed carry law is expected to be filed in federal court on Monday, and experts say the legislation has given gun rights advocates plenty of fodder for litigation – though lawsuits would be expected no matter how the Legislature crafted the new rules. 

Republican congressional candidate Carl Paladino said he has hired Buffalo attorney Paul Cambria to represent him in a lawsuit that will argue the new restrictions passed in a special session of the state Legislature last week are unconstitutional, State of Politics reported Thursday. The challenge follows a promise made shortly after the law was signed by New York Republican Party Chair Nick Langworthy, who is running against Paladino in the 23rd District primary, that the party also plans to bring a separate case “that will stop this law in its tracks.”

The legal challenges follow the Supreme Court’s ruling in June that New York’s existing standards for issuing concealed carry permits were unconstitutional. The laws stipulated that applicants must prove they had a unique need for self-defense to obtain a permit. Albany lawmakers were called back from recess to pass legislation that seeks to strengthen requirements for issuing concealed carry permits just a week after the ruling was issued. While the court explicitly stated that some protections could stand – such as rules barring guns in certain “sensitive places” – the Democratic Legislature tested the limits of the loosened restrictions with its Concealed Carry Improvement Act signed into law Friday.

Among the provisions that could be ripe for litigation are the expanded requirements that the applicant must possess “essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.” A more limited “moral character” clause was already a part of the existing law, which will remain in effect until Sept. 1.

“How do they specify or operationalize that if you don’t have clear, objective criteria that might satisfy what the court said?” said Robert Spitzer, distinguished service professor of political science emeritus at SUNY Cortland who has authored five books on gun control. “That is a big question mark.”

In addition, permit applicants must also provide the licensing agency – which is typically a police department – with information about their social media accounts. The Times-Union editorial board suggested on Thursday this provision could be a violation of First Amendment protections. Spitzer, however, noted, there is extensive precedent to using social media as a reference point when assessing applicants for jobs or colleges, but noted the social media requirement is “more vulnerable than some other provisions” of the new law.

Regardless of what exactly was included in the new restrictions, gun rights advocates and Republicans would be likely to challenge them, he said. 

“The big step was not that the Supreme Court struck down the just cause provision of the state’s carry law, but that they expanded the definition of Second Amendment rights and changed the criteria for evaluating the constitutionality of gun laws generally, so the effect of it will invite challenges to all kinds of gun laws,” he said. “It’s only a matter of time before the state law, no matter what it says, will be challenged in part and in whole.”

Licensing authorities now face the chaotic task of retraining agents on the new requirements, which now include an interview and an extensive vetting process by the licensing authority. 

In the days after the Supreme Court ruling was issued, police departments said they received an influx of requests from gun owners who currently hold lesser permits seeking to upgrade to concealed carry permits without applying for a new license. As of Thursday, some licensing agencies said they were still awaiting instructions from the state on the new rules. “We are awaiting guidance from the Westchester County Court on the implications for our Department of the recent U.S. Supreme Court decision and the new legislation passed in Albany. We will make any needed changes to our policies and procedures once we receive that guidance from the Court,” Westchester County Police spokesperson Kieran O’Leary said. The Suffolk County Sheriff’s office offered a similar statement. 

Spitzer said that it is unlikely existing permit holders who seek to carry guns outside of their homes in light of the new ruling would be issued the concealed carry permit automatically, considering the long list of new requirements to obtain one. However, he said it’s possible that lesser permit holders who have already met some of the requirements – such as a portion of the 16 hours of required training, for example – could simply need to meet the remaining requirements.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.