New York Gun Permit Bill Would Require In-Person Training and Mental Health Records Check
In response to last week’s Supreme Court ruling, legislation negotiated by Gov. Kathy Hochul is expected to quickly become state law.
And so it begins.
From today's WSJ.
"New York’s political leaders want to require people applying for concealed weapons permits to attend in-person training sessions and let officials access their mental health records during a background check, according to people briefed on a bill that will be presented to lawmakers Wednesday.
The bill, set to be voted on Thursday, is a response to last week’s U.S. Supreme Court ruling that
struck down New York’s permitting scheme for concealed weapons. New York was one of a half-dozen states, including California and New Jersey, whose
rules were called into question by the 6-3 ruling.
New York’s legislation would also prohibit the possession of guns in government buildings, court houses, hospitals, schools and other “places where children gather,” the people briefed on the bill said. Possession of a handgun in a private business would be banned unless the business expressly allowed people to carry.
The proposal is expected to pass both houses of New York’s Democratic-controlled legislature and quickly be signed into law by Democratic Gov. Kathy Hochul, who negotiated the details with legislative leaders over the weekend.
The Supreme Court invalidated New York’s requirement that people demonstrate “proper cause”—held by courts to mean demonstrating “a special need for self-protection distinguishable from that of the general community”—to receive a concealed carry permit. The court ruled that the permitting regime gave officials too much discretion in determining whether to grant a permit, and that the Second Amendment protects the individual right to carry a handgun for self-defense outside the home.
Democratic officials in the affected states all said they would update their laws to clarify the handgun permitting process and to spell out “sensitive places” where all weapons are prohibited.
Last week, California Gov. Gavin Newsom said
he planned to sign a package of 16 gun-related bills already advancing through the legislature. Several of those bills passed this week and await the Democrat’s signature, including one that would allow individuals and public prosecutors to sue gun manufacturers and sellers for harm caused by their products when they fail to follow state gun laws and another that would put further restrictions on so-called ghost guns, which people can assemble out of parts at home, without a serial number.
On Tuesday, a state senator also introduced a proposal that would tighten the state’s concealed carry regulations, including requiring applicants disclose all arrests and restraining orders as well as provide three personal references. It would also bar concealed carry from areas such as schools, medical facilities, government buildings and bars.
New Jersey Gov. Phil Murphy on Friday said he would support legislation that expands the list of people and locations where carrying guns is prohibited. Talks with state lawmakers are ongoing, a spokeswoman said.
Ms. Hochul proclaimed a special session of the state Legislature for Thursday to consider new firearms regulations. She said Monday that the measure would also increase requirements for storage to receive a pistol permit and ban handguns from public transportation.
New York’s existing licensing process would be changed to require in-person training and to require applicants to sign a waiver that would let officials review an applicant’s mental-health-care records, the people briefed on the negotiations said.
The legislation’s text hasn’t been completed and some provisions could change before Thursday’s session, the people said. Democrats who control the state Assembly and Senate were scheduled to be briefed on the bill during private conferences on Wednesday, legislative officials said.
State Sen. Zellnor Myrie, a Democrat from Brooklyn who supports laws to curb gun violence, said he wanted to ensure that a new licensing process didn’t have a disparate impact on any particular group, like racial minorities.
“Some of this is us foraging into new territory, but doing so in a way that still follows the spirit of this ruling,” he said.
Republicans in the state cheered the Supreme Court ruling last week, and several said they didn’t see the need for additional legislation. Assemblyman Kieran Michael Lalor, a Republican from the Poughkeepsie area, said new requirements would simply burden law-abiding gun owners.
“The bad guys who commit these crimes do not follow the laws. They’re not going to sign a waiver. They’re not going to go to a training course before committing a murder,” he said of the new proposals."
Christine Mai-Duc and Deanna Paul contributed to this article.