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<![CDATA[Kathy Hochul]]>

NY State Police: Zero arrests for violations of new carry law

February 9, 2023 by Cam Edwards Leave a Comment

It’s been five months since New York’s ironically named Concealed Carry Improvement Act took effect, and according to the New York State Police they have received not a single complaint nor made even one arrest for violations of the law during that time period, despite the large number of “gun-free zones” created by the statute. But while the state is doing its best to curtail the right to bear arms, more and more New Yorkers are seeking access to their Second Amendment rights.

In August, the month prior to the enactment of the new law, the state collected a 10-year high in fingerprints for pistol permits —12,422 — which triple the monthly average over the last decade. The last six-month period, though, was superceded by the final six months of 2020, which overlaps with the COVID-19 pandemic and the win of Democrat Joe Biden as president over Donald J. Trump.

The crush of applicants shortly before the CCIA took effect shows just how much pent-up demand for concealed carry there is in New York. But what does the fact that there have been no arrests or even complaints about violations of the new law tell us?

Pro-gun groups contend the new rules marked an end-run around the Supreme Court’s decision and they have filed new court cases challenging the retooled statutes.

Despite the litigation, State Police acting Superintendent Steven A. Nigrelli told lawmakers this week about the lack of issues regarding the state’s Concealed Carry Improvement Act that was passed last summer after the U.S. Supreme Court’s ruling.

Nigrelli had been asked about the implementation of the law during a state budget hearing on criminal justice measures; he first noted there are “some court cases that are pending right now” before informing lawmakers that there have been no complaints under the concealed carry law.

“I will say that the New York State Police, as the law is written, will enforce the law,” Nigrelli said.

Changes to the law, so far, have resulted in no arrests by State Police and no reported concerns by individuals, who could offer complaints on a number of issues, including someone bringing a firearm into a “sensitive location,” such as a supermarket, restaurant or park.

Albany County Sheriff Craig Apple said his department has also not received any complaints or made arrests related to the new law. Instead, most of the concerns he hears about on the issue are from people who now are required to obtain a permit for a rifle.

“The biggest issue we’re having is about people complaining about the whole process to get a rifle,” Apple said Wednesday.

Now, it could be that every single New Yorker licensed to carry a concealed firearm has been strictly obeying the prohibitions on carrying in “sensitive places,” but I think it’s far more likely that those who might bring their concealed firearm into a “gun-free zone”, either accidentally or with intent, simply aren’t causing any problems or giving anyone a reason to complain. And in many parts of the state beyond the New York City area, I suspect that strict enforcement of the “sensitive places” designations aren’t really a priority for local police and county sheriffs.

Still, if concealed carry holders were really the threat that New York claims they are, you’d think there’d be evidence of that, no matter how lackadaisical enforcement might be outside of the five boroughs. Gov. Kathy Hochul, Attorney General Letitia James, and other anti-gun politicians in the state have been fearmongering about the supposed dangers of legal gun owners for months now, while downplaying the threats posed by violent criminals who often face few consequences for their actions.

I’m glad to see that so far New York’s latest infringements on the right to bear arms hasn’t ensnared any responsible gun owners, but as long as the flagrant violations of a fundamental civil liberty remain on the books they continue to pose a threat to peaceable gun owners, and the sooner the courts step in and strike down these “sensitive places” the better.

Filed Under: <![CDATA[CCIA]]>, <![CDATA[Concealed Carry]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[Letitia James]]>, <![CDATA[New York]]>, <![CDATA[Video]]>, Bearing Arms, News

2A group: Hochul’s proposed tweaks to NY carry laws just “smoke and mirrors”

February 3, 2023 by Cam Edwards Leave a Comment

Honestly, I think that might be giving the governor’s proposed changes a little too much credit. The modifications to the Concealed Carry “Improvement” Act that Kathy Hochul wants to see in place are so minor that I’m honestly not sure why she included them in her recent budget proposal. Gun owners certainly aren’t going to be mollified by the suggested changes, and if anything they could make the state’s legal defense even harder than it already is.

Before we get to that, however, let’s look at what exactly the governor is proposing:

Hochul is seeking to clarify under the state’s new concealed carry laws that security guards at places of worship can possess a firearm, despite places like churches being deemed a “sensitive location” where guns are prohibited. Currently, security guards can possess a firearm while working their job, but it does not specify they can be hired to work at a place of worship.

This clarification doesn’t help all those places of worship that are too small to hire licensed security guards to stand watch during services, but I do appreciate the governor recognizing that an armed security presence is a good thing. Now if she’d only realize that the Second Amendment guarantees us the right to serve as our own security detail and certainly allows for pastors, rabbis, and other religious authorities to permit concealed carry on their premises.

The governor is also proposing to allow retired law enforcement who are in good standing and up to date on their firearms licenses to be exempt from the concealed carry laws. The statute allows retired police officers to carry a firearm in sensitive locations, but the new language expands on that definition, using a federal standard for law enforcement instead of the state’s regulation.

So the expanded definition results in a more restrictive provision? Now that seems on brand for Hochul.

Following backlash from upstate Republicans, Hochul wants to clarify that firearms are also allowed at historical reenactments, on movie or theater production sets, as well as by people participating in military ceremonies, funerals and honor guards or in a biathlon competition. She also is recommending that the designation of a public park as a restricted “sensitive location” does not apply to the Adirondack or Catskill state parks, which encompass massive swaths of residential areas.

That would be the biggest change, though the law itself is ambiguous about whether those parks are currently considered “sensitive places”. Hochul has maintained they’re not, but several lawmakers said it was their intent to ban guns in those locations, so this might be the most controversial of Hochul’s proposals as well.

While that last proposal would be a modest step forward, Hochul and New York Democrats are miles away from truly recognizing and respecting the right to bear arms, and Gun Owners of America-New York’s Bill Robinson is less than impressed with her proposed modifications to the monstrosity known as the CCIA.

He sees several issues, both with the proposal and with the existing law. His organization, GOA-New York, is a lead plaintiff in a case challenging the state’s new concealed carry law.

Robinson contends violent crimes are rarely committed by individuals with pistol permits. He also pointed to the extensive training and practice with a firearm he has as a licensed instructor and member of the GOA, which he said may surpass that of police officers.

“When they’re retired police officers, they’re retired,” Robinson said. “They’re citizens like I am, like anyone else. We can’t be making special rules.”

It does seem like that would violate the Equal Protection clause of the Fourteenth Amendment, and indeed that argument is a part of several of the court challenges to the current carry laws underway in federal court. I don’t see anything in Hochul’s proposals that are going to render the state’s carry restrictions legally defensible; just a couple of new lines of attack for the gun-owning plaintiffs suing over the infringements on their fundamental right to bear arms.

Filed Under: <![CDATA[CCIA]]>, <![CDATA[Churches]]>, <![CDATA[Concealed Carry Improvement Act]]>, <![CDATA[Gun Owners]]>, <![CDATA[Kathy Hochul]]>, <![CDATA[parks]]>, <![CDATA[Police]]>, <![CDATA[retired police]]>, <![CDATA[security guards]]>, <![CDATA[Video]]>, Bearing Arms, News

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