NYPD new york city police
(AP Photo/Mark Lennihan)

From the NRA-ILA

The United States Supreme Court ruling striking down New York State’s concealed carry permit rules as unconstitutional was big news in June of 2022, but indications are that officials in the Big Apple are still trying to decide how to best pretend it never happened.

In that decision, New York State Rifle & Pistol Association v. Bruen, the Supreme Court invalidated the State’s demanding “proper cause” requirement for carry licenses and its discretionary “may issue” licensing standard. Between the fees, paperwork and other requirements, getting a license was already a notoriously difficult and time-consuming process, with an uncertain result.

The New York Post revealed that during the pandemic of 2020, first-time firearm license applicants in New York City faced a turn-around time of 18 months or so, with an approval rate of just over 13%. At the time, a New York City Police Department (NYPD) source “familiar with the situation said the License Division was too short-staffed to deal with the flood of new applications and also blamed an unofficial reluctance to process them. ‘The politicians are generally against giving licenses, to begin with, so it’s not a priority,’ the source said.”

By 2021, with government operations returning to normal, the NYPD approval rate for firearm licenses (according to another source) had climbed to 55% (2,591 out of 4,663 applications).

Even though the Bruen decision eliminated a key roadblock in the licensing regime, the apparent result is that the process has stalled even more. Although the number of new license applications overall increased significantly in 2022, only 21% (1,550) were reportedly approved.

Data on just the six months following the high court ruling (June 24 to December 31, 2022) suggests that “the NYPD saw a surge in new gun permit applications, from just over 2,000 in the same period a year earlier to nearly 5,000. So far, the department has approved 503 of those, or just above 10%, despite its guidelines and state law requiring applications to be decided upon within six months.”

Meissner v. City of New York, a class action lawsuit filed this spring against New York City, the NYPD, its licensing division, and various government officials, alleges unconstitutional and “excessive delay” in the licensing process, and cites the six-month legal deadline in State law, N.Y. Penal Law §400.00 4-b (requiring, generally, that “in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date” the application is submitted).

The NYPD License Division website acknowledges the statutory deadline, indicating that new license applicants should expect to know the outcome “within approximately six months of receipt of your handgun application, and all required documents/forms.”

 

Eric Adams Met Gala End Gun Violence
New York City Mayor Eric Adams (Photo by Evan Agostini/Invision/AP)

Two of the plaintiffs in the Meissner case had applied for firearm licenses with the NYPD licensing division in September, 2021 and June, 2022, respectively. As of March 2023, according to the complaint, neither had “received their licenses, nor have they received any communication from the NYPD Licensing Division explaining this delay.”

The suit alleges that the delay and lack of a decision regarding their applications are not aberrations, but a widespread “deliberate, willful and wanton attempt to deny individuals their rights under the Second and Fourteenth Amendments,” and an established and sanctioned policy of a “complete disregard of the rights of citizens.” Applicants wait “in limbo” for official action, and “cannot appeal or even get in contact with licensing officers.”

Adding to the executive-level intransigence, New York State lawmakers responded to Bruen by enacting the Concealed Carry Improvement Act (CCIA). Contrary to what the name would suggest, the law replaced the “proper cause” criteria with an as-questionable “good moral character” standard, plus requirements that the applicant provide licensing officials with a list of current and past social-media accounts, the names and contact information of family members, cohabitants, and at least four character references, and any “other information required by the licensing officer.”

The law would make almost every public place a no-carry zone, and for good measure, sweeps in private property (making the default status no-carry unless it is posted otherwise).

New York Governor Kathy Hochul
Shutterstock

At a press conference on the new law, New York Governor Kathy Hochul was unmistakable about her administration’s contempt for and need to “fight back” against the high court ruling. She described the Supreme Court as deciding to “strip away the rights of a Governor to protect her citizens … by striking down a 100-year-old law… That decision wasn’t just negligent, it was reprehensible.”

The Court justices “decided to take us backward… but we are not deterred, we did not back down, we stood up and fought back.” People who “legally possess [guns] under the Supreme Court ruling” must “understand that there are rules of the road that you must follow, and law enforcement will be making sure that you do follow these. That is what we are doing in the State of New York to make sure that people are safe.”

The plaintiffs in the Meissner case have their own real-life understanding of playing by the rules. In their telling, following the licensing rules resulted in law enforcement failing to comply with the law through a reprehensible, sanctioned policy of excessive delays and stripping away of applicants’ constitutional rights because – hey, it’s a feature, not a bug.

 

This article originally appeared at nraila.org and is reprinted here with permission.

RELATED ARTICLESMORE FROM AUTHOR

58 COMMENTS

  1. It simply shows that the big cities are laughing at the out of control jackbooted Trumpite Supreme Court.

    • By being extra freedom hating fascists to defend freedom (to oppress)? Go home Jerry your drunk.

    • dacian, the DUNDERHEAD. So what you mean is that you Leftist control freaks are laughing at the Constitution. Typical Leftist Fascists tactic.

    • Maybe the mentally ill mass shooters/stabbers and other violent criminals should start targeting only left wing adults and politicians. I mean, there are plenty of them and they have this tendency to gather together for their anti-gun protests, news conferences, their offices and work places, ‘Pride’ parades and protests and events and their own ‘Pride’ community establishments, and other events and places where they congregate or are known to be, and heck even dacians location is known and he gets into some of these events and places.

  3. No surprises. You know that the order for delay came from on high and was seconded by the mayor. With that kind of pressure, no cop in his right mind will do his job in processing the applications.

    • The surprise was with how Suffolk went full retard with made up rules. Wouldn’t have thought Long Island would be worse than Albany Buffalo or Syracuse but here we are.

      • How about having someone file a suit alleging Contempt of the BUEN decision? The time has come to make the people pulling this crap to pay through the nose!

        • Standing and damages at a wild ass uneducated guess. We also have over a dozen pending cases with almost half rolled up waiting on a second circuit decision sometime after they return from the off season so who knows what is coming up besides more lawsuits.

        • SAFE, Standing is an easy one. If you have been denied a permit or if the permit contains “restrictions” you would have standing. Damages? Denial of a Constitutional right is an inherent damage.

        • Cool now about those court costs…….. I am sure someone somewhere is either trying or thinking about it Walt but for some reason the only case I know of involved mental health treatment (voluntary) and no larger group or most lawyers wanted to touch it so the guy had to represent himself for the first few appearances and crowd funded on red_dit so I can only imagine there is more going on than we know.

        • SAFE, NOTHING in this world is free. The cost to file a District Court case is I believe $400. Your legal fees are of course your own. A litigants can in his summons & complaint request legal fees and costs if they are successful in their filing. However, often judges do not award such. When you file a summons and complaint regarding a “contempt” the plaintiff requests and is entitled to punitive damages, which are either determined by a jury or the judge.
          As to this guy’s case, I can’t comment as I do not knw the merits of the case, or what was alleged. He may had an excellent case. I just don’t know. Just because someone feels aggrieved, doesn’t mean he/she ahs a case.

        • Which falls back to why more cases haven’t been filed especially if standing and damages are relatively easy especially if initial costs are that low. I will try to find that case for you as it was an interesting read.

        • SAFE, they say that “Freedom is not free”. That not only applies to service to our country but for standing up for your rights. Too many people are in the generation that wants everything for free.

        • Walt are you being argumentative or are you missing that price isn’t really the point especially with how low your estimate comes in? Plenty are willing and many stepped up across a wide array with and without financial backing but the set we are talking about somehow hasn’t been tried which would imply it is more than mere cost or willingness to try at issue with this idea and I am wondering what that may be.

        • SAFE, not at all. I would file a case myself but I do not have “standing” as my personal rights have not been abridged. I agree, for some reason our legal eagles have not either thought of or don’t think that such a step would work. I content that it would. It might have to go all the way to the Supremes but I am more than sure that it would work. If the people who are violating the Buren decision are made to pay, this will put a big stop in the Left’s attempts to abridge our gun rights.

  4. P.S.: what about New Jersey? Jersey had a reputation for failing to process applications to anyone who was not a cop or well connected, even though it too has a 6-month compliance deadline. Add to that the trial court order enjoining its “me too” comprehensive CCW denial law mostly copied from NY that was only partially stayed by the third circuit.

    • While I would never stand up for NJ, since they are always out front in trying to infringe on 2A rights, when the Bruen decision came down, they did start issuing permits to carry, and have continued doing so even with the new law that has been enjoined regarding the same sensitive place nonsense. NJ is the same population as NYC, but with independent local police that are now empowered to issue the permits, resulting in fairly random behavior across the state.

      • Where in the Constitution (or Bruen) is there any BS “permit”?

        “good moral character” – Live in NYC= mentally deranged = NO BS permit.

        • I’m pretty sure “good moral character” is code for you donate to and support Democrats. Their concept of morality is focused on politics.

  5. The Communist Left will find a way to circumvent the US Constitution at every opportunity by any means possible.

    This isn’t new.

  6. The ONLY way this will come to a screeching halt is for the Federal Marshall’s to walk in to Hochuls’ office, present a warrant for her arrest for violating her oath to the Constitution of the United States, slap hand cuffs on her, then frog march her out… (Along with every other politician who has sworn an oath to uphold the Constitution..)

    Hey, I can dream, can’t I?

    • That would be a lot of legislatures county/city/town officials, school boards, thousands of state workers and who knows how many police chiefs………..yeah would be a good start.

  7. “” People who “legally possess [guns] under the Supreme Court ruling” must “understand that there are rules of the road that you must follow, and law enforcement will be making sure that you do follow these.”

    Fuck you Hoch a lung, you bitch.

    • Notice nothing about the mother fucking criminals Hochaluggy? I hate these bastards and want them where they belong. In the trash heap of history.

      • We are heading there just by normal collapse, hell we just had a major riot over some live streamer giving away video games in NYC that took over 2 hours to get under control.

  9. The Supreme Court should have STATED you don’t need a permit to carry at all! You don’t need to purchase and wait for a permit for freedom of speech or to vote! Now over half of all states are permitless carry. Too bad over 150 million US CITIZENS still cannot buy a common semi auto AR rifle or STANDARD capacity magazine over 10rds. (NON LE-residents of WA, CA, OR, IL, NY, MD, DE, NJ, MA, CT, RI, VT, DC, HI). This violated BOTH the 2nd Amendment and 14th Amendment Equal protection clause (OK for LE but not for me!)

  10. It’s amazing to see history repeat itself. Or as some people say history rhymes.

    It was 60 years ago that the Southern states defied the Supreme Court. In the Brown versus board of education decision.
    Now decades later, it’s the northern and western states. That are openly defying the Supreme Court.

    Now it’s the Southern states that have passed constitutional carry for everyone. The southern states are now the free states. And the northern and western states are now the slave states.

    In the end the Bible belt was correct.

  12. “strip away the rights of a Governor to protect her citizens…”
    all you need to know about democrats in general
    and kathy hochul in particular

  13. What an idiot Hochul is, and just likes like a total bi+ch too. How hard is it to see tbat the CCW folks are not the ones committing the crimes anywhere in the country. Is is it just hatred for people of the gun or what??!!?? I don’t understand the line of thought.

  14. So what is this level I need to reach to be able to ignore laws, rulings and entire segments of government without fear of repercussion?

    Should I send in some test or pinball scores to the ATF with a witty limerick about ignoring the GCA and NFA? Declare myself a “sanctuary city?” It’s pretty funny the same crowd that pays themselves on the back for their sanctuary statuses are the same who deride those kooky “sovereign citizens” as dangerous nuts. What’s the difference?

  15. “The Empire Strikes Back”

    Of course it did/does. Bruen simply unleashed lawfare of epic proportions, each and every line of gun control laws will need to be litigated. And where one victory pops up, The Empire will issue more unconstitutional laws, designed to bankrupt people who dare challenge The Empire.

    Here we are, with NYS/NYC forever positioned to launch one defiant act or another, against the SC. Each “victory” for 2A followed by yet another infringement, ever so slightly different from the last overturned law.

    • On the up side less tyrannical/bottomless pits of money to go to court states will benefit from fewer legal tools of oppression being available and the overall gun rights of the country will continue to improve especially in free states that have forgotten the restrictions they still have. I want to believe that I can improve where I live but worst case I will improve where I retire to.

      • You’re being realistic. We’ll never eradicate this tyranny. But we could isolate it. The trick to retaking (most of) the country will be to change purple states to red states. Then you have to enact extremely strict voting laws while you have control of the state. Otherwise, you end up like PA.

      • “I live but worst case I will improve where I retire to.”

        Keep in mind that gun control laws/regulations are mere legislation, designed to avoid the effort of mounting an amendment to the Constitution. In the end, there is no personal danger of individual punishment for passing and implementing 2A infringements.

    • “Here we are, with NYS/NYC forever positioned to launch one defiant act or another, against the SC. Each “victory” for 2A followed by yet another infringement…”

      And, as intelligent people with means (and/or principles) continue to flee the state and others, using similar tactics on their citizens, things will only get worse. Those large states containing huge metro areas already contain more “takers/users” than land-owning tax paying “givers” in setting policies.

      This has been the great progressive plan for decades, actually stated by obama in his “fundamentally transform America” speech. It is also another direct indicator that lawsuits will not accomplish what voters must do. When few are left who even understand The Constitution and the responsibilities necessary to maintain it, those areas will continue to implode.

      The real threat that will accomplish the final act will be ending the Electoral College. While at this time, POTUS is not the final arbiter, we came very close to it during the obama regime, and with him and his shadows still pulling the strings on our addled figurehead, we are edging ever closer to their idols, the CCP.

      • “This has been the great progressive plan for decades,…”

        Going all the way back to the “progressives” of 1913 (Woodrow Wilson, US President 1913-1921, racist Democrat). Wilson was a contemporary of movement to “transform” America, away from its founding principles. But it took 12yrs of FDR to seriously bend the US toward “progressive” goals.

      • Again, the only reliable way to short circuit the continuing attack is to arrest and fine (PERSONALLY,) every mayor, DA, congresscritter, governor, etc. whenever they write/push/implement laws that are ultimately overturned on Constitutional grounds.

        • “Again, the only reliable way to short circuit the continuing attack is to arrest and fine (PERSONALLY,) every mayor, DA, congresscritter, governor, etc. whenever they write/push/implement laws that are ultimately overturned on Constitutional grounds.”

          Wouldn’t such action depend on incumbents who support the infringements?

  16. Only a complete and total prohibition against “permission slips” for 2nd amendment rights will stop this. No exceptions except perhaps, and I do mean perhaps, private property and felons on parole that have not complete their sentence.

    Anything less than that, means governments will just play games.

  17. Can any of these politicians or the politicians pretending to be cops or DA’/States Attorneys’ show a shred of proof that permits or other licensing schemes or other restrictions has ever prevented anyone with criminal or evil intent from arming themselves?
    Permits, licenses, restrictions, bans, or any of the other crap peddled by the disarmament crowd do nothing to prevent crime, safeguard lives or stop violence. All their foolishness does is allow criminals and government thugs to avoid real world consequences to their actions.

    • Anyone with a functional sense of logic and/or common sense can figure that out. The problem is we have a lot of people educated beyond their abilities who listen to people who want control and there are enough of both to make large sections of the country retarded in how we handle guns.

  18. It is amazing that NY can continually find a Gov, and NYC a mayor, each more of a moron than the previous wastrel. Must take considerable effort to achieve such a level of demtard stupid.

Comments are closed.