New York City Police Department held an online public hearing on Monday (25th) to discuss the “Non-New York State Residents Firearm Permit Amendment”. This proposal aims to respond to the requirements of firearm permit regulations in light of the Supreme Court’s rulings in the NYSRPA v. Bruen case and evolving Second Amendment laws.
In 2022, the Supreme Court ruled in the “New York State Rifle and Pistol Association (NYSRPA) v. Bruen” case that New York State’s requirement for applicants for concealed carry firearm licenses to provide a “justifiable reason” was unconstitutional. In response, New York City amended its regulations, but the permit application process for non-New York State residents remained unclear. In August of this year, the mayor and police commissioner approved emergency rules to address public safety challenges and initiated the formal rulemaking process.
The key points of the “Non-New York State Residents Firearm Permit Amendment” include: (1) Non-resident permit applications: introducing a new process to allow non-New York State residents to apply for firearm permits in New York City; (2) Handgun registration norms: updating the process for registering firearm licenses; (3) Concealed carry rules: revising the limit on the number of firearms that can be registered per license, and clarifying that carrying is limited to one firearm.
During the public hearing on Monday, some citizens criticized the 90-day limit on purchasing one firearm in New York City as excessively strict, especially compared to other jurisdictions where the limit is usually 30 days with exemptions (such as Connecticut for instructors, and Virginia for collectors). Additionally, expanding the restriction to all firearms, not just handguns, was deemed unreasonable.
Some opinions argued that the 90-day purchase restriction hinders the right to own a firearm legally and is inconsistent with the spirit of the “District of Columbia v. Heller” and “Bruen” rulings, as it does not help prevent crime but rather impedes law-abiding citizens from exercising their right to self-defense. The focus should be on combating illegal firearm trafficking rather than imposing more barriers on legal purchases.
Regarding processing efficiency, some opinions pointed out that the New York City firearm permit application process is cumbersome, lacks transparency, and may take up to 6 months, involving approval letters, background checks, and police reviews. The handling efficiency is considered inferior to other states (such as Pennsylvania and Texas).
Suggestions were made to lift the purchase restrictions, streamline the process, reduce application processing times, and lower application fees. However, there were also voices advocating for maintaining rigorous reviews as necessary means to safeguard public safety.
In an interview with our reporter, Wei Yi Tsai, President of the Chinatown Shooting Technology Research Association, supported the existing stringent review process and believed that simplifying the process could pose security risks.
She mentioned that among the Chinese community, most elderly immigrants carry firearms primarily for business purposes. For instance, individuals engaged in jewelry trading often transport large amounts of cash between their shops or banks, necessitating self-protection for their safety during these transactions. However, starting this year, more people can obtain permits even if not for business necessity. The firearm regulations have become much more lenient than before.
John Lin, President of the New York Gun Shooting Association, believes that low application efficiency stems from understaffing within the police department. Compared to the processing times in Long Island, the high population in New York City contributes to slower application procedures, with non-residents facing more complex background checks.
The firearm shooting association based in Flushing currently has around five to six hundred members, including businesspeople, students, public servants, and working-class individuals. John Lin stated that within these immigrant groups, the demand for firearms is becoming more diverse. Most applicants seek to own firearms to protect their personal safety, especially those residing in areas with poor security like the Bronx. Apart from businesspeople needing to carry firearms for risk prevention, some members are pure firearm enthusiasts.
For firearm hobbyists, he believes that the 90-day purchase restriction in New York City is overly strict and has limited effectiveness in crime prevention, as criminals often use illegal firearms. He also mentioned that the limitation on magazine capacity (10 rounds for handguns, 5 rounds for long guns) impacts the user experience of firearm enthusiasts, deeming it a “crippled version”.
“For instance, some long guns (such as semi-automatic rifles) may have fixed, non-detachable magazines that require locking, significantly diminishing the experience for firearm hobbyists.” He expressed that in New York State, the automatic rifles available to the general public are mostly “crippled versions”, and the restriction on magazine capacity lacks practical significance. “If someone truly intends to commit a crime, no matter how many magazines are restricted, they can always travel to another state to purchase larger capacity magazines.”
During the public hearing, the New York City Police Department pledged to review all feedback and engage with relevant stakeholders to discuss future improvement directions.