New York’s Red Flag & Conceal Carry Law Changes
• amends section 400.00 of the penal law: to define good moral character, provide new eligibility requirements, which include passing a firearms safety course; additional disqualifying offenses and eligibility requirements;
o Disqualifying: Applicant convicted within 5 years of application for 1) assault in the 3rd, 2) DWI, 3) Menacing
o Additional requirements: interview, contact of all residing with applicant, character references, access to applicants social media accounts, and any information required by a licensing officer reasonably necessary and related to the review of licensing.
• to create an appeals process for applicants who are denied, or licenses which are revoked;
• require concealed carry 2(f) licenses to recertify and renew their license after three years;
• to provide that conduct that would result in a denial of a license would also operate as a ground for revocation of a license, and a material false statement would result in revocation of a license, issued to a licensee in writing.
• DCJS and State police will create a safety training course and appeals board
• Creates E felony- Sensitive locations where possession and carrying of firearms, rifles or shotguns are prohibited and specifies certain individuals exempt.
o Any place owned or under control of federal, state or local gov.
o Any location proving health, behavioral health or chemical dependence care
o Any place of worship
o Libraries, public playgrounds, public parks and zoos
o OCFS certified daycares
o Nursery schools, preschools and summer camps
o Location of program licensed, regulated, certified, operated or funded by OPWDD, office of additction services, OMH, or OTDA.
o Homeless, youth, DV, and emergency shelters.
o Public transportation
o Any establishment that can serve cannabis or alcohol.
o Any place used for performance, art entertainment, gaming or sporting events.
o Polling places
o Public sidewalk or other public area that has been restricted from general public access by a gov. entity , or is subject to heightened law enforcement protection or other areas restricted by gov. entity.
o Any protest or gathering around constitutional rights
o Times square.
These provisions will not apply to certain groups such as police, peace officers, security guards, etc.
• requiring DCJS to conduct a monthly check of licensees' records for criminal conviction, criminal indictment, mental health, extreme risk protection orders, orders of protection, and other records.
• Creates license and record database for ammunition sales and qualifies how ammunition can be sold.
• new safe storage laws for rifles, shotguns, and firearms in vehicles.
• Allows locals to enact more restrictive laws.
• Replaces “body vest” with a more expansive “body armor” definition which includes any product that is a personal protective body covering intended to protect against gunfire and makes conforming changes throughout the penal law.
• authorizing State police to run national instant criminal background checks and serve as a State point of contact for other relevant records from DCJS, OCA, DOH, OMH and other local entities.
• Expands background checks for firearm transfer and background checks
• modify the definition of Rifle and Shotgun
• Certain provisions of the bill start to go into effect as early as September 2022.
Michael W. Deyo, Esq., Deputy Counsel, New York State Police
Hon. Adam W. Silverman, Acting Supreme Court Justice, New York State Supreme Court
- September 20, 2022
- Online On-Demand