2 years ago
NEW YORK — When Gov. Kathy Hochul took the stage Wednesday to tout new gun licensing rules passed in response to a landmark June Supreme Court decision, she heaped praise on fellow Democrat Mayor Eric Adams for his partnership enacting the state statutes.
“We were ready for it,” Hochul said at a press conference with Adams. “We were prepared for this moment.”
But the mayor and governor are still at odds over what to do about the thousands of people who have sought concealed handgun permits statewide since the court’s ruling, which overturned New York’s prior restrictions in a major blow to supporters of gun-safety laws.
The NYPD says applicants from the five boroughs will enjoy the most relaxed standards in recent history — grandfathered in because they sought a permit prior to the new state law’s enactment on Thursday. But that’s not what Hochul says. She contends the recent New York City applicants will be subject to stricter new state laws, even if they got their applications in before the effective date.
"One of the tests of a law is whether it is arbitrary and capricious,” said Peter Tilem, a Second Amendment attorney who believes the state laws violate a host of constitutional rights, in an interview. “And if it’s so arbitrary that two different government agencies have opposite interpretations, that’s a problem.”
The confusion comes as Hochul seeks reelection against GOP Rep. Lee Zeldin, who opposed the state laws and said after their passage that New Yorkers would "eagerly return the favor by turning Kathy Hochul into the loser of the November 8th election." Adams has backed Hochul, even though he agrees with Zeldin in a separate fight over New York's bail laws.
The June 23 Supreme Court ruling struck down a century-old state law that required people seeking a license to carry a handgun provide a good reason. The laws severely limited access in New York City. A week later, state legislators responded by fortifying other aspects of the application process — mandating applicants undergo 18 hours of training, sit for in-person interviews and submit to a review of their social media.
Since then, applications statewide for conceal-carry permits have soared. Fingerprint requests for those applying for a firearm license tripled compared to the same period a year earlier — around 9,000 people. In New York City, around 1,600 people have applied for a handgun permit — a roughly 50-percent rise over the same time period, according to NYPD data.
On Wednesday, Hochul said the applications take so long to process, all those people would be subject to the new laws.
"That won’t make a difference, because it’s who has a permit on the date [the law takes effect] — not that you’ve applied,” she said.
But the NYPD said the exact opposite the day prior.
A member of the NYPD's legislative affairs unit told City Council members during a hearing Tuesday that anyone who applied during the two-month gap would avoid the new training requirement and would not have to submit social media information. Neither would they have to provide “proper cause,” since the provision was struck down — giving recent applicants a path to a conceal-carry permit that is unprecedented in recent years.
“That’s a source of concern,” Council Member Erik Bottcher said during the hearing Tuesday.
“You’re going to have thousands of people with conceal carry licenses who did not have to get trained, who did not have to have their social media reviewed," he said, referencing the statewide numbers.
Police leaders said the recent applicants still need to abide by all of the NYPD’s existing rules, which includes an in-person interview. And in New York City, they will need to take the training when they reapply for a license in three years. (Permits need to be “recertified” every five years in most areas outside New York City, but applicants for recertification don’t have to undergo training.)
“We have very robust licensing requirements to begin with,” said Juliane Farruggia of the NYPD’s legislative affairs unit. “We already required references … we already took a look at social media accounts.”
The NYPD handles gun permits in the five boroughs, while local county clerks and sheriffs dole them out elsewhere in the state, according to Hochul.
Asked Wednesday about those who applied during the two-month gap, the NYPD reiterated that anyone applying before the deadline would be subject to the old requirements.
The governor’s office, meanwhile, pointed POLITICO to a clause in the law stating that training would be required for anyone who receives their license after Sept 1.
The mayor's office said it was looking into the confusion.
“We’re working with the state to ensure our interpretations are fully aligned,” mayoral spokesperson Fabien Levy said in a statement.
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