Months before the U.S. Supreme Court ruled that New York’s law governing the carrying of handguns was unconstitutional, Governor Kathy Hochul and state legislators began discussing how to fight the popularization of firearms. turn gun.
The meetings began late last year and continued into the spring with the court’s decision. By the time Justice Clarence Thomas’s comments were published last week, Ms. Hochul and leaders in both chambers were already mulling ideas like placing a series of “sensitive venues” out. out of bounds, making the licensing process more difficult and increasing the obstacles to licensing. extend.
“We have a legitimate plan,” Ms. Hochul said on Friday. “We now speak to our leaders and partners in Congress and the Senate to deliver what we believe will be a very powerful piece of legislation.”
This week, Ms. Hochul will push through the bill. She said on Monday that she plans to work on the measure overnight, discuss its outlines with legislative leaders on Tuesday and pass it in a special session on Wednesday. Five.
Members of Hochul’s administration joined forces with Governor Philip D. Murphy of New Jersey, one of five other states affected by the Supreme Court’s sweeping ruling that marks an expansion of powers Largest gun use in over a decade. All of those states – including California, Maryland, Massachusetts and Hawaii – will almost certainly rewrite their laws in response, and the laws of New York and New Jersey could serve as a model.
Any such proposal would have to be consistent with a Supreme Court decision written by Judge Clarence Thomas, which required that any new regulation be based on historical traditions of the United States. Justice Thomas wrote that legislatures can reason by analogy when confronting, for example, the existence of subways or modern sports arenas.
Justice Thomas says that allowing sensitive locations is off-limits and gives examples, but warns that “expanding the ‘sensitive places’ category is simply for all gatherings public indistinguishable from law enforcement” is too broad.
The ideas going on in New York are outlined in statements by both governors, a summary document that circulated among lawmakers in the first months of the year, and information from four those with knowledge of the discussions, all remain anonymous as negotiations are still underway.
Ms. Hochul has suggested banning guns from schools, places of worship and events with a small number of people in attendance. She also said the state could ban guns from businesses by default, making exceptions for people who claim they want guns on their property. And she says that training and storage requirements can also be on the table for those looking for a license.
Along with the sensitive locations Hochul mentioned, New York is considering designating all places where alcohol is served (such as bars, major sporting events) and where children spend time (such as such as kindergartens, playgrounds and kindergartens). Other places considered “sensitive” include university campuses, hospitals and casinos.
The state could also restrict the carrying of guns outside of such places, according to one of the people with knowledge of the discussions, although they would have to be careful not to place large populated areas beyond the borders. over the limit, this may happen run-of-the-mill.
Additionally, New York is considering asking more questions about applicants’ personal profiles, to ensure that those who have harmed others or engaged in other suspicious behavior can be banned from carrying guns. . But some lawmakers worry that, if not carefully written, those restrictions could perpetuate discrimination in gun licensing.
Few in New York or New Jersey are under the illusion that the new law will stop the wave of gun purchases altogether. And officials have expressed firm assurances about what might happen next.
“More access to guns equates to more deaths from gun violence,” said William J. Castner, Mr. Murphy’s attorney and advisor on gun matters.
Indeed, the prospect of new legislation has not dampened the enthusiasm of potential gun owners. Korina Favatis, 51, a resident of Manhattan’s Chelsea neighborhood, considered buying a handgun but was convinced by the Supreme Court’s decision.
“Why can’t I have one to protect when I feel terrorized all the time?” she speaks.
Ms. Favatis is not concerned with the possibility that the new laws could mitigate the impact of the Supreme Court’s decision.
“I don’t think there’s much they can do,” she said.
Representative Amy Paulin, of Westchester, is among those wanting to test that claim, pushing leaders to introduce changes she hopes will help address dangerous situations involving people who have licensed, including domestic violence. Instead of the perfunctory recertification every few years as is required in most states, Ms. Paulin wants gun owners to complete a more complex renewal process that could include a specialized mental health assessment. Karma.
“The guns used in some of the mass shootings were legally purchased,” Ms. Paulin noted. “If you just say you are mentally healthy,” she added, “having someone bring that gun in front of my house is not a good enough standard.”
In New Jersey, similar strategies are being considered. Mr. Murphy said on Friday that he had ordered all departments and agencies to review their authority to “prevent gun violence,” which could include designating certain “free” locations. guns” and evaluate the tools available to regulate how guns are carried and transported.
He said he would also propose legislation to expand gun-free places. That would include high-density spots – stadiums, theme parks, bars and restaurants – and places that serve vulnerable populations, such as day care centers and hospital.
As in New York, he said, the law would create a default rule that guns can’t be brought onto personal property unless the owner explicitly gives permission – “whether it’s a shopping mall or supermarket or private house or house of worship.”
The state’s acting attorney general, Matthew J. Platkin, also said handgun owners may have to purchase insurance to carry the weapon in public.
“That’s what’s been discussed,” Platkin said Friday at a news conference in Trenton, NJ. “I’m going to delay the legislative process. But, you know, as with cars, it’s a similar concept. “
Colonel Patrick J. Callahan, director of the State Police, which issues handgun licenses, said he and Platkin held a call with all 21 district prosecutors and a second call with 400 executive director early Friday “to discuss this ruling and its impact on New Jersey. “
He said the state expects to receive about 200,000 new trail-carrying permit applications. One concern, he said, is the potential increase in handgun violence among drivers, which he describes seeing as a young soldier.
“The fact that there’s a weapon involved is what changes people’s behavior and makes them act and do things – willing to take someone’s life after being cut off on 78th Street, this happens, like everybody knows, only about once every three minutes throughout our state,” said Colonel Callahan.
Nicholas Fandos, Troy Closson and Chelsia Rose Marcius contribution report.
