August 15, 2024 – In response to ongoing litigation challenging the constitutionality of New York City’s law that non-residents of the State of New York are ineligible to obtain a concealed-carry permit, the New York Police Department (NYPD) issued an emergency rule. The rule allows non-residents to apply for a concealed carry permit, even if they have no ties—employment or otherwise—to the City. In order to obtain this permit, non-residents must complete the 18 hours of training (required by New York State for all applicants for a concealed carry permit) and have no convictions for assault in the third degree, menacing, or misdemeanor DWI within five years of the date of the application. Conviction for these crimes would generally not disqualify someone from purchasing or possessing a firearm. Similar litigation has been filed in connection with New York State’s prohibition on concealed carry permits for non-residents. The NYPD’s emergency rule will likely serve to bolster plaintiffs’ arguments against New York State’s law and put pressure on the state to issue a similar law or regulation.
Of course, what the NYPD giveth, the NYPD must taketh away. So, while now allowing out-of-state and non-City residents to apply for permits to carry concealed in New York City, the NYPD’s rule limits purchases to one handgun in a 90-day period. In addition, after taking possession of a new handgun and the required locking device (trigger lock, cable lock, etc.), a person must contact the NYPD’s License Division within 72 hours to have it “inspected.” This “inspection” includes providing proof of all the required sales paperwork, color photographs of the firearm and locking device, and proof of ownership and color photographs of a “safe storage” device where the firearm will be stored. Finally, a maximum of two handguns are allowed to be listed on a concealed carry permit, and licensees may only carry one of those handguns at a time.
The wide-ranging effect of the Supreme Court’s Bruen decision holding that the Second Amendment protects the right to carry a firearm outside of the home for self-defense continues to reverberate around the country. Numerous challenges are being made to laws restricting law-abiding citizens’ right to keep and bear arms, while historically prohibitive jurisdictions like New York continue to try to legislate around this transformative decision.
Renzulli Law Firm will continue to monitor and provide updates on legislation, regulations and cases concerning the right to keep and bear arms. If you have any questions about cases involving the Second Amendment or the firearm industry, please contact John F. Renzulli or Christopher Renzulli.