After a 2022 p=ro-gun rights Supreme Court judgment, New York City is making adjustments to its concealed carry laws to allow nonresidents to apply for firearms. Previously, people who lived outside New York couldn’t get state permission to acquire firearms.
This restriction, which many gun rights activists have seriously frowned upon, had its foundation in a more than 100-year-old law. The law also required New Yorkers who wanted to carry a handgun in public to show “proper cause” before they could get the license.
The June 2022 6-3 ruling in New York State Rifle and Pistol Association v. Bruen declared that the law violated the rights of American citizens to keep and bear arms.
Justice Clarence Thomas, who wrote the ruling, also stated that the Second Amendment covers citizens’ right to take certain guns outside the home for their protection. The ruling also mandated courts to uphold gun restrictions only if the United States has such a tradition.
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New York’s New Regulations
In response to the judgment, New York officials had to implement an emergency rule called the Concealed Carry Improvement Act of 2022. The rule will now allow nonresidents to apply for concealed carry.
The emergency rule contains a list of requirements and standards that the nonresident applicants must meet before they can receive a license.
According to the emergency rule’s notice of adoption, “Delaying implementation of these additional rules would severely impede New York City’s ability to effectively and legally regulate handgun ownership within its jurisdiction.”
The notice also stated the importance of speedy implementation. “In order to maintain a clear and publicly accessible policy, New York City must immediately implement an operative concealed carry licensing process for non-resident applicants,” the notice urged.
The new rule also contained some changes in the concealed carry application process. Instead of the ambiguous “proper cause” clause in the old concealed carry law, the Improvement Act now requires applicants to be of “good moral character.”
To fulfill this requirement, gun owners must attend a hearing before a licensing official and share some personal information.
What Is the Meaning of Conceal Carrying?
A concealed carry weapon (CCW) is a weapon that the holder carries in a hidden manner, either on one’s person or under one’s control. This practice isn’t legal in many states except if the individual with the weapon is a law enforcement officer or a CCW license holder.
The license, in this case, is a concealed carry permit. It allows the individual to carry a concealed weapon, usually a side-arm such as a handgun, in public. A number of states that allow concealed carry also allow locations open to the public to release notices that ban concealed carry on their premises.
Every state sets its own CCW laws. States also have the liberty to decide what requirements will qualify one for a concealed carry license. These usually include a minimum age, a psychiatric evaluation, the completion of gun safety courses, and criminal records.
Is Concealed Carry Legal in the US?
Concealed carry is legal in the United States. Every state, as well as the District of Columbia, allows people to carry concealed weapons in public. However, CCW is subject to state regulations. For example, 21 states, plus Washington DC, only allow CCW for license holders.
These states include California, Delaware, Illinois, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Washington DC, and Wisconsin. In these states, the requirement to obtain a concealed carry license varies from one to another.
On the other hand, 29 states are unlimited CCW states. That is, residents do not require a permit to hold a concealed weapon in public.
These states include Alabama, Alaska, Arizona, Arkansas, Idaho, Iowa, Florida, Georgia, Kansas, Maine, Missouri, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Texas, Utah, Vermont, West Virginia, and Wyoming.
These states allow residents to carry concealed weapons in most public places without a background check, permit, or gun safety training. Also, virtually every state places some limits on public locations where residents cannot carry concealed weapons.
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How To Get a Concealed Carry Permit for All State
Getting a CCW permit could be pretty easy in your home state. However, the major challenge lies in its acceptability in other states or all 50 states in the country. The problem here is that CCW permit requirements vary from state to state.
Therefore, eligibility in your state of residence doesn’t translate to eligibility in another. So, if you desire to carry concealed weapons in more than one state, you will require more than one license. That is, you must apply for a non-resident CCW permit in the state you are visiting.
These states include Maine, Utah, and Florida. Law enforcement officers are the only category of persons who can carry concealed weapons across all 50 states.
Some states, however, completely deny non-residents of CCW permits. Others only allow visitors from certain states to apply for nonresident CCW permits. For example, Oregon only issues non-resident permits to people living in adjacent states.
Can You Conceal Carry in New York?
New York allows residents to carry concealed weapons only if they are license/permit holders. This license is called the New York Pistol License (NYPL).
The major requirements include that the holder be over 21, provide four character references, complete a 16-hour classroom training course and two hours of live shooting training, undergo a background check, pass an in-person interview, and be of good moral character.
However, non-residents can now, unlike in the past, apply for a CCW permit. Thanks to the 2022 Supreme Court ruling.
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