One of the most divisive subjects in American politics is gun regulation, and with each mass shooting, which is defined as a situation in which four or more persons are killed indiscriminately, the animosity between both sides of the gun control argument grows.
According to the 2011 Small Arms Survey, there are 88 guns per 100 individuals in the United States, hence proponents of stronger gun laws are concerned for their safety. In that context, shooting incidents increased by 31.6% in the last year in New York alone. Murders, accidents, assaults, police intervention, suicides, and suicide attempts are all included.
On the other hand, opponents of regulatory thinking are concerned about a loss of safety. They say that curtailing citizens’ right to bear arms will leave them unable to defend themselves in daily life or, in the worst-case scenario, from a government that is hostile to the people. Though requirements are different by state, here is everything you need to know about the fundamentals of New York gun laws and how things operate in NYS.
The Minimum Age
To buy shotguns or rifles and ammunition, citizens and legal residents must be at least 18 years old, according to the Gun Control Act of 1968 (GCA), which governs firearms at the federal level. All other firearms, such as handguns, can only be sold to those over the age of 21.
Restrictions For Possession
The acquisition of guns is prohibited for fugitives, those regarded as a danger to society, and patients involuntarily committed to mental institutions. Prior felony offenses that resulted in a sentence of more than one year in prison, as well as misdemeanor convictions that resulted in sentences of more than two years, are also prohibited from possessing guns.
Federal law also prohibits the sale of firearms to persons who have been convicted in the previous year of illegally possessing or using prohibited substances. Other restrictions apply to people who have received restraining orders from the courts to prevent harassment, stalking, or threatening behavior; people who have renounced their citizenship; military personnel released from command, and unauthorized migrants.
Who Can Sell Them?
Firearm owners must have a place to conduct business and notify a local law enforcement officer when submitting their applications to the federal bureau in charge of guns regulation. They, like gun owners, must meet the same requirements in terms of prior convictions and mental health. The fee is $200 for the first three years and $90 for each subsequent three-year renewal.
These rules also apply to the sale of firearms over the internet. Although the purchase can be made online, the gun must be transported to a licensed FFL holder, who will then conduct the required background check before handing over the firearm.
Permit Requirements
To acquire a purchase permit in New York, candidates must pass a written test and enroll in a gun safety course. Like New York, other states with this requirement don’t recognize the concealed carry reciprocity regulations, which allow gun owners licensed in one state to carry their guns in another.
Background Checks To Buy A Firearm
Holders of FFLs must complete a background check under the Brady Handgun Violence Prevention Act of 1993, which amends the 1968 Gun Control Act. Potential gun buyers must fill out the ATF 4473, a federal document that checks for prior convictions and other red flags. The information submitted on the form is then used in the background check by FFL holders.
States like New York use the FBI’s National Instant Criminal Background Check System (NICS) or a combination of NICS and state agency data for the background check. The check, which takes less than 10 minutes to complete over the phone or online, gives the FFL holder an immediate response: approve, postpone, or refuse. If the investigation proves inconclusive, a delay signals the need for additional research for three business days, after which FFL holders can act at their discretion. The Brady law, on the other hand, does not apply to someone who buys a firearm from someone who does not have an FFL.
