State Police: No complaints for concealed carry law so far
ALBANY — State Police said their agency has received no complaints that could lead to arrests for violations of the state’s concealed carry law, which went into effect nearly six months ago and face a number of ongoing legal challenges from prosecond Amendment groups.
Over the same period, the state saw a significant uptick in the number of fingerprints it received for people applying for a pistol permit, according to data on file with the state Division of Criminal Justice Services.
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 — triple the monthly average over the last decade. The last six-month period, though, was superseded by the final six months of 2020, which overlaps with the COVID-19 pandemic and the win of Democrat Joe Biden as president over Donald J. Trump.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 U.S. Supreme Court’s ruling last year unraveled the state’s concealed carry law that had restricted who could obtain permits to carry pistols or other concealed weapons in public spaces. Democratic lawmakers responded by swiftly enacting a retooled statute that expanded the requirements for someone to obtain a permit, including required safety and shooting training, and limiting the places guns can be carried, including prohibiting them in “sensitive locations.”
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.
The law was shepherded by Gov. Kathy Hochul in July, who had called for “swift and bold action to protect New Yorkers” after the U.S. Supreme Court ruled the state’s gun laws had imposed an unconstitutional restriction of people’s Second Amendment rights.
“The Supreme Court issued a reckless decision removing centuryold limitations on who is allowed to carry concealed weapons in our state — senselessly send
ing us backward and putting the safety of our residents in jeopardy,” Hochul said in a statement after signing the legislation into law in July.
Hochul described the legislation in the context of her doing “everything in my power to combat the gun violence epidemic.”
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.
State officials have provided fact sheets on how to implement the new concealed carry law.
Apple said he generally notes to those with questions about the permitting requirements to wait to see how the pending litigation plays out.
At least one major case challenging the constitutionality of the state’s new law is pending in the U.S. Court of Appeals for the Second Circuit.
The appeals centers on a federal judge’s ruling that the retooled concealed carry law conflicts with the U.S. Constitution; the state government has been issued a stay, halting challenges to it, while the appeal is pending.
“New York’s blatant affront to the Supreme Court’s authority should not be tolerated,” plaintiffs in one of the federal case’s, Antonyuk v. Hochul, wrote in a briefing filed with the Second Circuit this week. “This court should affirm the district court’s injunction and vacate its stay.”
State Attorney General Letitia James has consistently defended the law and its purpose.
“We all see the heartwrenching news from communities throughout New York state about the lives that are lost to senseless gun violence. We know that gun safety laws help save lives, and keep our state safer,” James said in a statement last month in response to litigation on the issue. “My office will continue to work tirelessly to stand up for New York’s gun safety laws and we will use every tool at our disposal to protect New Yorkers.”
The restrictions remain unfair to Bill Robinson, spokesman for Gun Owners of America-new York, which is one of the leading groups pursuing litigation to challenge the state’s concealed carry law.
“Why does the state of New York pick on pistol permit holders?” Robinson said Wednesday. “I don’t like being played as a sucker and a fool.”
Robinson though said he was thankful, from his point of view, that State Police have not pushed enforcement on the concealed carry law.
Regardless of the litigation, the state is expected to develop an appeals board that would allow people denied of a permit to contest the decision. The legislation said it is to be up and running by April.